Agenda — Chowchilla City Council, May 10, 2022 (part 1 of 2)

AGENDA
Special City Council /
Redevelopment Successor Agency
Joint Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, May 10, 2022
Open Session: 6:00 p.m.

City Hall is open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings.

City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.

Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.

Agendas for Special Meetings are posted 24 hours prior to the meeting.

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.

The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.

CALL TO ORDER/ROLL CALL
Mayo/Chair: John Chavez
Mayor Pro Tem/Vice Chair: Ray Barragan
Council/Board Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present at the meeting will be reflected in the minutes.

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

OPEN SESSION – 6:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Melvin Hurndon
PRESENTATIONS/WORKSHOP - Section 1

1.1 Proclamations: National Law Enforcement Week, May 11-17, 2022 National Public Works Week, May 15-21, 2022
City Council / RSA Meeting Agenda May 10, 2022

PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.

It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.

Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.

The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3

3.1 Approval of the April 26, 2022 City Council Meeting Minutes (McClendon)

3.2 Approval of the April 26, 2022 City Council Town Hall Meeting Minutes (McClendon)

3.3 Consideration and Approval of the April 2022 Check Register Report (Williams)

3.4 Consideration and Adoption of a City Council Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (Rogers)

3.5 Consideration and Adoption of a City Council Resolution Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)

3.6 Consideration and Approval of a Letter to Support the Madera High-Speed Rail Station Project (Pruett)

3.7 Consideration of the March 2022 Financial Statements (Williams) PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of a City Council Resolution Related to Hearing Protests of Any Affected Property Owners and Authorize the City Administrator to Execute Any Necessary Documents thereto (2022 Weed Abatement Program) (Gaumnitz) City Council / RSA Meeting Agenda May 10, 2022
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a Successor Agreement with Mid Valley Disposal to Provide Additional Services Related to Organic Waste Hauling and Bin Service Rates and Authorizing the City Administrator to Sign the Agreement (Rogers)

6.2 Consideration and Adoption of a City Council Resolution Rejecting a Proposal for On-Call City Engineering Services (Rogers)

6.3 Consideration and Adoption of a City Council Resolution Approving Two Agreements with QK Engineering, Inc. for On-Call City Engineering Services and Authorizing the City Administrator to Execute the Agreements on Behalf of the City (Rogers)

6.4 a) Consideration and Adoption of a City Council Resolution Cancelling Task Orders with Yamabe and Horn and QK for Completing the Environmental Documentation Required for the State Route (SR) 99/233 Interchange Project and Transferring Back to Madera County Transportation Commission (MCTC) and Caltrans District 6 for Completion; and
b) Consideration and Adoption of a City Council Resolution Reaffirming Support of the Development and Construction of the State Route 99/233 Interchange Project (Rogers)

6.5 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Measure N (Williams)

6.6 Consideration and Approval to Authorize the Executive Director of the Chowchilla Redevelopment Successor Agency to Sign the Listing Agreement for APN 002-250- 053 with Charitar Realty and Listing the Property Purchase (Hamilton) ANNOUNCEMENTS – Section 7
MAY 18 PLANNING COMMISSION MEETING, CITY HALL, 7:00 PM
MAY 18-22 CHOWCHILLA MADERA COUNTY FAIR, FAIRGROUNDS
MAY 21 SPRING FESTIVAL ARMED FORCES DAY PARADE, ROBERTSON BOULEVARD, 10AM MAY 24 CITY COUNCIL MEETING, CITY HALL, 7:00 PM

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 6th day of May, 2022 at or before 4:00pm.

Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.

However, if you wish to attend remotely, please read the message below.

Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:

Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/84245987055?pwd=Sk1xeDVQcTZPWDJNVzAzNGtWY 3o1Zz09
Passcode: 38 91 29
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 842 4598 7055
Passcode: 38 91 29
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.

Options to participate / view / and listen to the meeting:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You will be able to speak to the Committee for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.

Proclamation

IN HONOR OF
National Peace Officers Week, May 11 - 17, 2022
To recognize National Police Week 2022 and honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.

WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Chowchilla Police Department; WHEREAS, since the first recorded death in 1786, more than 23,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC;
WHEREAS, 619 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 472 officers killed in 2021 and 147 officers killed in previous years;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 34th Candlelight Vigil on the evening of May 13, 2022;
WHEREAS, the Candlelight Vigil is part of National Police Week, which will be observed this year May 11-17;
WHEREAS, May 15 is designated as Peace Officers Memorial Day in honor of all fallen officers and their families, and U.S. flags should be flown at half-staff; THEREFORE, BE IT RESOLVED that the City of Chowchilla will observe May 11-17, 2022, as National Police Week in Chowchilla, CA, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

WITNESS MY HAND AND SEAL OF THE CITY OF CHOWCHILLA, CALIFORNIA, ON THIS 10TH DAY OF MAY 2022.
__________________________________________

JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California Proclamation

IN RECOGNITION OF
NATIONAL PUBLIC WORKS Week
May 15 – 21, 2022
“Ready and Resilient”
WHEREAS, public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of the CITY OF CHOWCHILLA; and,
WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the CITY OF CHOWCHILLA to gain knowledge and maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and,
WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now, RESOLVED, I, JOHN CHAVEZ, do hereby designate the week of May 15–21, 2022, as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of California at the City of Chowchilla, CA, this 10th day of May 2022. ________________________________________

JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California

MINUTES
City Council

REGULAR MEETING
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, April 26, 2022
Open Session: 7:00 p.m.

Closed Session moved to the end of the Agenda
CALL TO ORDER/ROLL CALL: 7:04 p.m.

Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief David A. Riviere, Jr., Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Recreation & Community Outreach Manager Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

Motion by Council Member Ahmed, Seconded by Council Member Palmer to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.

OPEN SESSION – 7:05 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Laurie Harry
PRESENTATIONS/WORKSHOP - Section 1

1.1 Proclamation: National Crime Victim’s Rights Week

PUBLIC ADDRESS
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed attended the Measure T Steering Committee meeting.

Item 3.1

CLICK HERE

TO RETURN TO

THE AGENDA
City Council Meeting Minutes April 26, 2022
Council Member Palmer attended a Madera County Transportation Commission meeting where bridge repair at Road 200 was approved. It took about 10-15 years to fix. It was noted that no project should take that long to be funded and approved. MCTC stated that there may be left over funds from that project to use towards the City’s roundabout project, which is good news. Measure T Steering Committee important measure to get behind as it supports many projects throughout the County. She worked with the Mayor and CM Smith on the Chowchilla project. She learned at the CAPMC meeting, an immigrant children’s program has no children left to attend since a farm where most of the kids worked at was sold; no work due to the drought. Finally, take a look at the new Valero on 15th Street.

Council Member Smith attended a Citizens Advisory Committee meeting at the prison where they discussed its many supportive programs such as veterans service dog program and youth offender program matching dogs with disabled veterans. They donate much of the funds they raise to local community programs.

Mayor Chavez attended Cornerstone’s community clean up event where he helped with fence painting.

2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended labor negotiations meetings, waiting to meet with Police Officer Association; with Jason, met with Mid Valley to address SB1383 contract negotiations; also, with Jason, met with Caltrans to discuss roundabout project; working with finance on midyear and labor negotiations.

Deputy Director of Recreation and Community Engagement Wisener was glad to report that the adult recreation program is moving forward.

Public Works Director Rogers had bid openings for City Engineering services and the Humboldt Street Improvements project. The Humboldt Project is on tonight’s meeting and he, Rod and Mark are reviewing the engineering proposal.

He attended several meetings in regards to the Measure T Renewal Steering Committee. In partnership with the steering committee, the City has a link to a Measure T survey asking residents to provide their input on transportation funding in Madera County. He, MCTC, and Caltrans District 6 met with the California Transportation Commission (CTC) yesterday and provided a presentation to CTC about the City’s roundabouts project in order to see if it is an eligible project for state Local Partnership Program funds for the funding gap and receive feedback. CTC liked the presentation and think it will score well and recommended that when the City applies, apply for the full project build out.

He also attended the joint volunteer community cleanup event with Cornerstone and the City and thanked Jordan Rogers and Councilmember Palmer for their help in getting that together and working around the weather.

The annual curbside cleanup event was completed last week. The event went well and he thanked Mid Valley Disposal and Public Works staff for a successful event.

Regarding the Police Department Fence project, the contractor stated that they anticipate finishing the project this Friday, which will allow our Police Department to move their vehicles and equipment behind the security fence this weekend.

City Council Meeting Minutes April 26, 2022
In order to make the City more accessible to those with disabilities, the City has installed handicap access buttons to our entrance doors.

Community & Economic Development Director Hamilton reported 70 new building permits in April. Jack in the Box to proceed with their kitchen. He is looking into part public/private ventures to build things such as splash pads within the community. Several Century homes are now occupied.

Finance Director Williams completed midyear budget, working with Rod and Joann on labor negotiations.

Police Chief Riviere reported on a recent local news story regarding marijuana and edibles being sold to school children.

Fire Chief Gaumnitz’s department was very busy over the last week with the apartment complex fire and a hazmat incident. Weed abatement is moving forward and so is the construction for the Fire Department expansion project.

CONSENT CALENDAR – Section 3

3.1 Approval of the April 12, 2022 City Council Meeting Minutes (McClendon)

3.2 Approval of the April 12, 2022 Special City Council Closed Session Meeting Minutes (McClendon)

3.3 Second Reading with Option to Waive the Second Reading of an Ordinance (509-22) that Adopts a Military Equipment Use Policy Pursuant to Assembly Bill 481 (Attorney) Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution (29-22) Approving Final Budget Amendments for Fiscal 2021/2022 (Williams)
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution #29-22, Approving Final Budget Amendments for Fiscal 2021/2022. Motion passed unanimously by roll call vote.

6.2 Consideration and Adoption of a City Council Resolution (30-22) Rejecting a Bid for the Domestic Water Piping Retrofit for the Chowchilla Police Department Project (Rogers)
City Council Meeting Minutes April 26, 2022
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve City Council Resolution #30-22, Rejecting a Bid for the Domestic Water Piping Retrofit for the Chowchilla Police Department Project. Motion passed unanimously by roll call vote.

6.3 Consideration and Adoption of a City Council Resolution (31-22) Awarding the Construction Contract for the Humboldt Avenue Street Improvements to Dave Christian Construction, Inc. in the Amount of $2,869,900.00 and Authorizing the City Administrator to Execute the Contract on Behalf of the City (Rogers) Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution #31-22, Awarding the Construction Contract for the Humboldt Avenue Street Improvements to Dave Christian Construction, Inc. in the Amount of $2,869,900.00 and Authorizing the City Administrator to Execute the Contract on Behalf of the City. Motion passed unanimously by roll call vote.

6.4 Informational Only – Project Management Program Quarterly Update (Pruett) ANNOUNCEMENTS – Section 7
APR 28 SCIENCE WORKSHOP, ED RAY PARK BUILDING, 3:30PM – 6PM APR 29 SCIENCE WORKSHOP, ED RAY PARK BUILDING, 3:30PM – 6PM APR 30 SCIENCE WORKSHOP, ED RAY PARK BUILDING, 10AM – 2PM MAY 10 CITY COUNCIL MEETING, CITY HALL, 7:00 PM
MAY 11 COMMUNITY SHRED DAY, 3RD & TRINITY, 9AM – 1PM
MAY 18 PLANNING COMMISSION MEETING, CITY HALL, 7PM
MAY 18-22 CHOWCHILLA MADERA COUNTY FAIR, 8AM – 10PM
MAY 21 SPRING FESTIVAL ARMED FORCES DAY PARADE, ROBERTSON BLVD., 10AM PUBLIC ADDRESS – CLOSED SESSION
No one spoke.

CLOSED SESSION - 7:51 PM

1. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Administrator, City Attorney Employee Organizations: Chowchilla Police Officer Association, Chowchilla City Employee Association, Chowchilla City Office Employees Association, Chowchilla MidManagement/Confidential Association and Non-Represented Staff

2. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT – Pursuant to Government Code Section 54957
Title: Police Chief
OPEN SESSION – 9:22 PM
CLOSED SESSION REPORT: Nothing to report.

City Council Meeting Minutes April 26, 2022

ADJOURNMENT
Adjourn in Memory of Vern Moss and Nis Nissen
Mayor Chavez adjourned the Tuesday, April 26, 2022 City Council Meeting at 9:24 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor John Chavez

MINUTES
Chowchilla City Council

TOWN HALL MEETING
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, April 26, 2022
6:00 p.m.

CALL TO ORDER/ROLL CALL: 6:00 p.m.

PLEDGE OF ALLEGIANCE
INVOCATION: Sheila Stocker

TOWN HALL PRESENTATION
Introductory comments were made by the City Administrator, Rod Pruett. Finance Director Kerri Williams presented a Power Point noting the City’s revenues.

Spoke:

Steve Burke
Sandy Caracciolo
Sheila Stocker
Marlene Holst
Maria Crouch

ADJOURNMENT
Mayor Chavez adjounred the Tuesday, April 26, 2022 Town Hall Meeting at 6:55 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor John Chavez
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Check list report

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Informational only. The invoices paid are shown in the attached listing of invoices.

BACKGROUND:

Presented this evening is a list of invoices paid in April 2022.

REASON FOR RECOMMENDATION:

Informational item only.

FISCAL IMPACT:

Each item shown on the invoice list includes a description of that item and the amount of the invoice.

ALTERNATIVES:

Not applicable.

ACTIONS FOLLOWING APPROVAL:

None.
5/3/2022 3:48:31 PM Page 1 of 6
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 04/01/2022 - 04/30/2022
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
04/12/2022 62694 Dan G Merritt Utility Billing Outstanding Check -54.81 04/12/2022 62695 Chad Johnston Utility Billing Outstanding Check -74.79 04/12/2022 62696 Jaimelyn/Gregg Schaefer Utility Billing Outstanding Check -126.84 04/12/2022 62697 Patience & Dennis Ferreira Utility Billing Outstanding Check -67.38 04/12/2022 62698 Keystone Properties Utility Billing Outstanding Check -146.97 04/12/2022 62699 Sandra & Mickey Morrison Utility Billing Outstanding Check -154.70 04/12/2022 62700 Anthony Souza Utility Billing Outstanding Check -45.04 04/12/2022 62701 Isabel Arreola Utility Billing Outstanding Check -51.39 04/12/2022 62702 Void Check Utility Billing Voided Check 0.00 04/12/2022 62703 Void Check Utility Billing Voided Check 0.00 04/12/2022 62704 Void Check Utility Billing Voided Check 0.00 04/12/2022 62705 Void Check Utility Billing Voided Check 0.00 04/12/2022 62706 Void Check Utility Billing Voided Check 0.00 04/12/2022 62707 H. O. Auto Repair and Tires Accounts Payable Outstanding Check -773.97 04/12/2022 62708 AIMS Accounts Payable Outstanding Check -335.59 04/12/2022 62709 American Fidelity Accounts Payable Outstanding Check -1,237.47 04/12/2022 62710 Badger Meter Inc. Accounts Payable Outstanding Check -64.92 04/12/2022 62711 CDW Government, Inc. Accounts Payable Outstanding Check -388.25 04/12/2022 62712 Chowchilla DoIt Best Accounts Payable Outstanding Check -164.40 04/12/2022 62713 Chowchilla Employees Assn. Accounts Payable Outstanding Check -195.00 04/12/2022 62714 Chowchilla Mid-Management Accounts Payable Outstanding Check -220.00 04/12/2022 62715 Chowchilla Office Accounts Payable Outstanding Check -135.00 04/12/2022 62716 Chowchilla Peace Officers Accounts Payable Outstanding Check -1,161.00 04/12/2022 62717 CivicPlus, Inc. Accounts Payable Outstanding Check -4,669.00 04/12/2022 62718 Cop Ware Inc. Accounts Payable Outstanding Check -615.00 04/12/2022 62719 De Lange Landen Financial Services Inc. Accounts Payable Outstanding Check -1,445.73 04/12/2022 62720 Dell, Inc. Accounts Payable Outstanding Check -559.54 04/12/2022 62721 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -543.15 04/12/2022 62722 Farmers Hardware Accounts Payable Outstanding Check -558.45 04/12/2022 62723 Void Check Accounts Payable Voided Check 0.00 04/12/2022 62724 Fitness Peak Accounts Payable Outstanding Check -140.00 04/12/2022 62725 Grover Landscape Services Inc. Accounts Payable Outstanding Check -369.16 04/12/2022 62726 H & R Families Inc. Accounts Payable Outstanding Check -60.00 04/12/2022 62727 Healthwise Services Accounts Payable Outstanding Check -339.00 04/12/2022 62728 Home Depot Credit Services Accounts Payable Outstanding Check -1,380.65 04/12/2022 62729 Interstate Gas Services Inc. Accounts Payable Outstanding Check -6,000.00 Bank Transaction Report Issued Date Range: -
5/3/2022 3:48:31 PM Page 2 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/12/2022 62730 James Dewall Accounts Payable Outstanding Check -68.00 04/12/2022 62731 John Chavez Accounts Payable Outstanding Check -369.12 04/12/2022 62732 Madera Tribune Accounts Payable Outstanding Check -1,608.75 04/12/2022 62733 MidLand TractorCompany Accounts Payable Outstanding Check -127.72 04/12/2022 62734 Myles Guerrero Accounts Payable Outstanding Check -34.00 04/12/2022 62735 Navia Benefit Solutions Accounts Payable Outstanding Check -69.80 04/12/2022 62736 Nicholas Palmer Accounts Payable Outstanding Check -255.00 04/12/2022 62737 Occupational Health Centers of Accounts Payable Outstanding Check -104.00 04/12/2022 62738 Office Depot, Inc. Accounts Payable Outstanding Check -341.23 04/12/2022 62739 PACE Supply Corp Accounts Payable Outstanding Check -842.23 04/12/2022 62740 Pegboard Accounts Payable Outstanding Check -65.25 04/12/2022 62741 Platt Electrical Supply Accounts Payable Outstanding Check -278.12 04/12/2022 62742 Polydyne Inc. Accounts Payable Outstanding Check -4,375.19 04/12/2022 62743 Principal Financial Group Accounts Payable Outstanding Check -8,863.02 04/12/2022 62744 Prudential Overall Supply Accounts Payable Outstanding Check -468.59 04/12/2022 62745 Purl's Sheet Metal & Air Conditioning Accounts Payable Outstanding Check -501.45 04/12/2022 62746 Rod Pruett Accounts Payable Outstanding Check -182.50 04/12/2022 62747 Rosenbauer South Dakota, LLC Accounts Payable Outstanding Check -598,475.43 04/12/2022 62748 Ryan Hunter Accounts Payable Outstanding Check -407.00 04/12/2022 62749 Shyanne Watson Accounts Payable Outstanding Check -255.00 04/12/2022 62750 Sparkletts Accounts Payable Outstanding Check -36.41 04/12/2022 62751 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,246.81 04/12/2022 62752 T & T Pavement Markings & Accounts Payable Outstanding Check -1,069.53 04/12/2022 62753 Teodora Gaeta Accounts Payable Outstanding Check -365.00 04/12/2022 62754 TF Tire & Service Accounts Payable Outstanding Check -1,438.05 04/12/2022 62755 Toshiba Financial Services Accounts Payable Outstanding Check -381.71 04/12/2022 62756 U.S. Bank (PARS) Accounts Payable Outstanding Check -337.06 04/12/2022 62757 US Bank Accounts Payable Outstanding Check -6,445.00 04/12/2022 62758 US BANK (CAL-CARD) Accounts Payable Outstanding Check -6,773.94 04/12/2022 62759 Van De Pol Enterprises Accounts Payable Outstanding Check -1,246.89 04/12/2022 62760 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -279.97 04/12/2022 62761 Dianne Krummen Utility Billing Outstanding Check -64.93 04/12/2022 62762 Ruberto Villalva Utility Billing Outstanding Check -91.49 04/12/2022 62763 Huff Construction Utility Billing Outstanding Check -1,094.94 04/12/2022 62764 Stormax Utility Billing Outstanding Check -1,077.94 04/12/2022 62765 PG&E Utility Billing Outstanding Check -1,133.96 04/12/2022 62766 Pacific Gas & Electric Accounts Payable Outstanding Check -5,213.57 04/15/2022 62767 Best Uniforms Accounts Payable Outstanding Check -1,131.17 04/15/2022 62768 BSK Associates Accounts Payable Outstanding Check -551.00 04/15/2022 62769 Burton's Fire Inc. Accounts Payable Outstanding Check -1,380.00 04/15/2022 62770 Cascade Fire Equipment Company Accounts Payable Outstanding Check -660.45 04/15/2022 62771 Chowchilla District Chamber Accounts Payable Outstanding Check -7,000.00 04/15/2022 62772 Chowchilla DoIt Best Accounts Payable Outstanding Check -15.06 Bank Transaction Report Issued Date Range: -
5/3/2022 3:48:31 PM Page 3 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/15/2022 62773 D&V Gear Unlimited Accounts Payable Outstanding Check -806.93 04/15/2022 62774 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -531.97 04/15/2022 62775 Farmers Hardware Accounts Payable Outstanding Check -78.67 04/15/2022 62776 Fastenal Company Accounts Payable Outstanding Check -277.65 04/15/2022 62777 Holt of California Accounts Payable Outstanding Check -2,771.61 04/15/2022 62778 Horizon Accounts Payable Outstanding Check -203.03 04/15/2022 62779 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -108,220.00 04/15/2022 62780 NBS Government Finance Accounts Payable Outstanding Check -3,444.34 04/15/2022 62781 Office Depot, Inc. Accounts Payable Outstanding Check -57.39 04/15/2022 62782 Platt Electrical Supply Accounts Payable Outstanding Check -6,584.46 04/15/2022 62783 Prudential Overall Supply Accounts Payable Outstanding Check -319.33 04/15/2022 62784 Rick Manuel Medeiros Accounts Payable Outstanding Check -600.00 04/15/2022 62785 S & W Auto Parts Inc. Accounts Payable Outstanding Check -716.36 04/15/2022 62786 San Joaquin Valley Air Accounts Payable Outstanding Check -577.00 04/15/2022 62787 TF Tire & Service Accounts Payable Outstanding Check -2,347.77 04/15/2022 62788 Turner's Towing Accounts Payable Outstanding Check -65.00 04/15/2022 62789 Tyler Technologies, Inc. Accounts Payable Outstanding Check -105.00 04/15/2022 62790 US BANK (CAL-CARD) Accounts Payable Outstanding Check -3,962.47 04/15/2022 62791 Van De Pol Enterprises Accounts Payable Outstanding Check -2,741.22 04/15/2022 62792 Vulcan Materials Accounts Payable Outstanding Check -492.37 04/15/2022 62793 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -55,780.18 04/15/2022 62794 Zee Medical Service Company Accounts Payable Outstanding Check -17.70 04/19/2022 62803 Void Check Utility Billing Voided Check 0.00 04/01/2022 62804 Richard Vosburg Utility Billing Outstanding Check -172.55 04/01/2022 62805 Jimmy Contreras Utility Billing Outstanding Check -184.14 04/01/2022 62806 Laura Oliveira Utility Billing Outstanding Check -31.07 04/01/2022 62807 Jessica & Cameron Beckman Utility Billing Outstanding Check -119.51 04/01/2022 62808 Capehart Inc dba Corsaro's Family Pizza Utility Billing Outstanding Check -315.63 04/01/2022 62809 Cortney Baker-Tyler Utility Billing Outstanding Check -50.23 04/01/2022 62810 Irene Menezes Utility Billing Outstanding Check -85.87 04/01/2022 62811 Leanne Grant Utility Billing Outstanding Check -115.86 04/01/2022 62812 Steven Thomas C/O Tioga Construction, Inc. Utility Billing Outstanding Check -182.05 04/20/2022 62813 Christopher Waller Utility Billing Outstanding Check -141.89 04/20/2022 62814 Chad Johnston Utility Billing Outstanding Check -74.79 04/20/2022 62815 Jaimelyn/Gregg Schaefer Utility Billing Outstanding Check -126.84 04/25/2022 62816 Advanced Structural Design Inc Accounts Payable Outstanding Check -10,418.75 04/25/2022 62817 Brian Boivie Accounts Payable Outstanding Check -15.00 04/25/2022 62818 BSK Associates Accounts Payable Outstanding Check -573.00 04/25/2022 62819 Chowchilla Employees Assn. Accounts Payable Outstanding Check -180.00 04/25/2022 62820 Chowchilla Mid-Management Accounts Payable Outstanding Check -220.00 04/25/2022 62821 Chowchilla Office Accounts Payable Outstanding Check -135.00 04/25/2022 62822 Chowchilla Peace Officers Accounts Payable Outstanding Check -1,161.00 04/25/2022 62823 Curtis Blue Line Accounts Payable Outstanding Check -2,566.25 Bank Transaction Report Issued Date Range: -
5/3/2022 3:48:31 PM Page 4 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/25/2022 62824 Daniel Denny Accounts Payable Outstanding Check -759.00 04/25/2022 62825 Fitness Peak Accounts Payable Outstanding Check -140.00 04/25/2022 62826 Fresno City College Accounts Payable Outstanding Check -1,543.00 04/25/2022 62827 Mark Hamilton Accounts Payable Outstanding Check -167.00 04/25/2022 62828 Office Depot, Inc. Accounts Payable Outstanding Check -973.92 04/25/2022 62829 PACE Supply Corp Accounts Payable Outstanding Check -9,654.21 04/25/2022 62830 PAPE Machinery Inc. Accounts Payable Outstanding Check -2,230.32 04/25/2022 62831 Park Planet Accounts Payable Outstanding Check -2,970.50 04/25/2022 62832 Quad Knopf, Inc. Accounts Payable Outstanding Check -1,298.44 04/25/2022 62833 R & R Pool Service Accounts Payable Outstanding Check -130.00 04/25/2022 62834 State of California- Admin Accounts Payable Outstanding Check -2,762.00 04/25/2022 62835 U.S. Bank (PARS) Accounts Payable Outstanding Check -239.16 04/25/2022 62836 US BANK (CAL-CARD) Accounts Payable Outstanding Check -2,588.58 04/25/2022 62837 USA Bluebook Accounts Payable Outstanding Check -2,152.16 04/25/2022 62838 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -7,644.67 04/26/2022 62839 Discount Bark Utility Billing Outstanding Check -1,045.89 04/28/2022 62840 AFLAC Accounts Payable Outstanding Check -1,442.02 04/28/2022 62841 AIMS Accounts Payable Outstanding Check -1,538.15 04/28/2022 62842 American Fidelity Accounts Payable Outstanding Check -1,613.94 04/28/2022 62843 Anderson Pump Co Accounts Payable Outstanding Check -18.40 04/28/2022 62844 Blue Shield of California Accounts Payable Outstanding Check -77,532.87 04/28/2022 62845 Brandley Engineering, Inc. Accounts Payable Outstanding Check -5,340.00 04/28/2022 62846 BSK Associates Accounts Payable Outstanding Check -246.00 04/28/2022 62847 Burton's Fire Inc. Accounts Payable Outstanding Check -1,036.75 04/28/2022 62848 CA Body Works Accounts Payable Outstanding Check -485.54 04/28/2022 62849 California Building Standards Accounts Payable Outstanding Check -361.80 04/28/2022 62850 CalTraffic Signs Accounts Payable Outstanding Check -606.90 04/28/2022 62851 Cascade Fire Equipment Company Accounts Payable Outstanding Check -372.82 04/28/2022 62852 Chowchilla DoIt Best Accounts Payable Outstanding Check -59.08 04/28/2022 62853 Chowchilla-Madera County Fair Accounts Payable Outstanding Check -5,000.00 04/28/2022 62854 Dell, Inc. Accounts Payable Outstanding Check -2,700.12 04/28/2022 62855 Department of Conservation Accounts Payable Outstanding Check -823.46 04/28/2022 62856 Division of State Architect Accounts Payable Outstanding Check -4.40 04/28/2022 62857 Ernest Packing Solutions-Fresn Accounts Payable Outstanding Check -611.20 04/28/2022 62858 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -466.12 04/28/2022 62859 FACT Automated Entrances, Inc Accounts Payable Outstanding Check -11,000.00 04/28/2022 62860 Farmers Hardware Accounts Payable Outstanding Check -23.46 04/28/2022 62861 Fastenal Company Accounts Payable Outstanding Check -476.76 04/28/2022 62862 Grainger Accounts Payable Outstanding Check -3,671.57 04/28/2022 62863 H & H Engineering Construction Inc. Accounts Payable Outstanding Check -215.00 04/28/2022 62864 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -598.82 04/28/2022 62865 Law Dog K9 Accounts Payable Outstanding Check -5,000.00 04/28/2022 62866 Lozano Smith, LLP Accounts Payable Outstanding Check -19,816.57 Bank Transaction Report Issued Date Range: -
5/3/2022 3:48:31 PM Page 5 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/28/2022 62867 Mace Pest Control Accounts Payable Outstanding Check -80.00 04/28/2022 62868 Madera County Economic Accounts Payable Outstanding Check -8,590.93 04/28/2022 62869 MidLand TractorCompany Accounts Payable Outstanding Check -167.41 04/28/2022 62870 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -766.00 04/28/2022 62871 Occupational Health Centers of Accounts Payable Outstanding Check -206.50 04/28/2022 62872 Office Depot, Inc. Accounts Payable Outstanding Check -302.44 04/28/2022 62873 OHD, LLLP Accounts Payable Outstanding Check -860.00 04/28/2022 62874 PACE Supply Corp Accounts Payable Outstanding Check -707.93 04/28/2022 62875 Pacific Gas & Electric Accounts Payable Outstanding Check -16,993.91 04/28/2022 62876 PacWest Direct Accounts Payable Outstanding Check -2,623.09 04/28/2022 62877 PARS Accounts Payable Outstanding Check -478.03 04/28/2022 62878 Polydyne Inc. Accounts Payable Outstanding Check -4,375.19 04/28/2022 62879 Prudential Overall Supply Accounts Payable Outstanding Check -447.40 04/28/2022 62880 Quad Knopf, Inc. Accounts Payable Outstanding Check -1,420.00 04/28/2022 62881 Quadient Finance USA, Inc. Accounts Payable Outstanding Check -800.00 04/28/2022 62882 S & W Auto Parts Inc. Accounts Payable Outstanding Check -20.65 04/28/2022 62883 Self Help Enterprises Accounts Payable Outstanding Check -747.00 04/28/2022 62884 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,206.81 04/28/2022 62885 T & T Pavement Markings & Accounts Payable Outstanding Check -522.65 04/28/2022 62886 Underground, Inc. Accounts Payable Outstanding Check -74,892.26 04/28/2022 62887 US BANK (CAL-CARD) Accounts Payable Outstanding Check -2,994.49 04/28/2022 62888 West Coast Arborists Inc. Accounts Payable Outstanding Check -31,160.00 04/28/2022 62889 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -14,039.24 Bank Account 200650906 Total: (188) -1,228,135.89
Report Total: (188) -1,228,135.89
Bank Transaction Report Issued Date Range: -
5/3/2022 3:48:31 PM Page 6 of 6
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 188 -1,228,135.89
Report Total: 188 -1,228,135.89
Cash Account Count Amount
**No Cash Account** 7 0.00
999 999-0100-0215 Cash In Bank 181 -1,228,135.89
Report Total: 188 -1,228,135.89
Transaction Type Count Amount
Check 188 -1,228,135.89
Report Total: 188 -1,228,135.89

REPORT TO THE CITY COUNCIL
Item 3.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Consent
SUBJECT: Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape Maintenance and Lighting District No. 90-1
PREPARED BY: Jerry Jones, Contract City Engineer
ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

City Council adopt a resolution initiating proceedings for the annual levy of assessments for Landscape Maintenance and Lighting District No. 90-1 and authorize the City Engineer to file his annual report.

BACKGROUND:

The Landscape Maintenance and Lighting District (LLD) No. 90-1 generates revenue for the maintenance of public landscaping and also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There were no annexations into the LLD last year. There are currently 25 zones within the LLD, as follows:

Zone 1 Robertson Village 1, 2, & 3 Landscaping, Streetlights, Palm Parkway Zone 2 Dubose Sanders, Tract 86-13 Streetlights, Carlyle, Montgomery, etc.

Zone 3 Rosehill Tract 91-02 Streetlights, Calaveras, Penny, etc.

Zone 4 Parkridge Estates II, Tract 90-
25 Streetlights, Cedar, Oak, Elm
Zone 5 Chowchilla Gardens
Apartments
Streetlights, Kites Way, Myer
Zone 6 Washington Square
Apartments
Streetlights, Washington, Kites Way
Zone 7 Meadowlark, Tract 97-25 Streetlights, Pistachio, Elm, Birch Zone 8 Palm Estates Landscaping, Streetlights Palm Parkway Zone 9 Cornerstone Church Landscaping, Streetlights, Robertson, Fig Tree Zone 10 Pheasant Run Landscaping, Streetlights, Waterfall, Robertson, Clubhouse, S. Fig Drive, Granite Falls Way
Zone 11 Tract 90-22, Ph. 1 & 2, Shasta
Village Apartments
Landscaping Santa Cruz Blvd, Streetlights
Washington, Kites Way, Molly, etc.

Zone 12 Tract 90-22, Ph. 3 - 6 Landscaping Santa Cruz Blvd, Washington, Streetlights Santa Cruz, Elm, Rose, etc.

Zone 13 Valley Grove Estates, Tract 03-
11, Ph. 1 - 4
Landscaping Santa Cruz, Streetlights, Santa
Cruz, Howell, Peach, Plum, Cherry, etc.

Zone 14 Valley Grove Estates, Tract 03-
11, Ph. 5 & 6
Landscaping Santa Cruz, Streetlights,
Cottonwood, Peach, Willow, Almond, Parkridge
Zone 15 Valley Grove Estates, Phase 7 Landscaping Santa Cruz, Streetlights, Camellia, Chestnut, Blossom, no homes, no assessment
this year
Zone 16 Olivero Ranch Landscaping and Streetlights Washington Zone 17 The Village at Chowchilla
Apartments
Landscaping Kites Way, Streetlights, Kites, Myer
Zone 18 Tract 04-49 Landscaping Palm Parkway incomplete, administrative fee of $57.50 per parcel levied
Zone 19 Montgomery Farms, Tract 05-
07 Landscaping SR 99, Robertson, Streetlights, S.

Fig, Genoa, Montgomery
Zone 20 Heritage Center, Tract 05-62 Landscaping Robertson Blvd, Streetlights, Robertson, Front, Kings
Zone 21 Silva Ford, Tract 05-19 Landscaping SR99, Streetlights, Prosperity Zone 22 Tract 05-56 Not Completed, administrative fee levied Zone 23 Legacy Ranch, Tract 05-29 Not Completed, administrative fee levied Zone 24 Redwood Apartments Not Completed, administrative fee levied Zone 25 AutoZone Streetlights, Robertson
Zone 26 Rite-Aid Landscaping, Streetlights, Robertson
REASON FOR RECOMMENDATION:

This is the first of three actions by City Council required by the California Streets and Highways Code for the levy of the annual assessments for the LLD. The next action required by City Council will be the approval of a resolution of intention to levy and collect the annual assessments, which will set the date for the public hearing required prior to the confirmation of assessments. The final step in the process is for City Council to conduct the required public hearing, receive any testimony, and confirm the annual assessments. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.

FISCAL IMPACT:

The annual assessments from the LLD are used for maintenance of public landscaping and street lighting.

Last year the total assessments were $313,734.78.

ALTERNATIVES:

Not to initiate proceedings for the annual levy of assessments for the LLD, resulting in the loss of the ability to levy and collect assessments to be used for maintenance of public landscaping and street lighting.

ACTIONS FOLLOWING APPROVAL:

The City Engineer will prepare the required “Engineer’s Report” that will be submitted to the City Council for review and approval. The Engineer’s Report will provide the basis for assessments and the properties to be assessed.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE AND LIGHTING DISTRICT NO. 90-1 OF THE CITY OF CHOWCHILLA WHEREAS, the City of Chowchilla has approved no new annexations to Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (herein LLD No. 90-1) during the period of January 1, 2021 to December 31, 2021 inclusive; and
WHEREAS, proceedings for the annual assessment for LLD No. 90-1 for the fiscal year 2022-2023 need to be initiated.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. The Council proposes to undertake proceedings for the levy of the annual assessment of LLD No. 90-1 under Part 2 of Division 15 of the Streets and Highways Code of the State of California (Section 22500 et seq.) generally known as the Landscaping and Lighting Act of 1972 (Herein the “Act”).

3. The City Engineer shall prepare and file a report in accordance with Article 4 (commencing with Section 22565) of the Act.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of May, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

John Chavez, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 3.5

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.

BACKGROUND:

On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

REASON FOR RECOMMENDATION:

In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was April 12, 2022.

FISCAL IMPACT:

None foreseen at time of report.

ALTERNATIVES:

Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.

ACTIONS FOLLOWING APPROVAL:

Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on April 12, 2022, March 22, 2022, March 8, 2022, February 8, 2022, January 11, 2022, December 14, 2021, November 23, 2021, and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021; and
WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.

NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.

BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.

BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City committees governed by the Brown Act unless otherwise desired by that committee.

BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of May, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 3.6

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Letter to Support the Madera High-Speed Rail Station Project
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Letter of Support

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council approves a letter to support the Madera High-Speed Rail Station Project.

BACKGROUND:

When HSR Interim Service operations begin in 2029, the Project will meet regional goals to improve passenger rail ridership and connectivity. The Project aligns with the MPDG program criteria by constructing infrastructure improvements that will increase safety, ensure a state of good repair, contribute economic benefits, improve freight movement, create well-paying jobs, mitigate climate change, bolster resiliency, ensure equity, provide multimodal options, and improve quality of life. SR-99 provides direct access to the new Madera HSR Station. Caltrans is studying clean energy enhancements for SR 99 to reduce transportation related pollution including a potential hydrogen facility at this station area.

REASON FOR RECOMMENDATION:

The Madera County Transportation Commission (MCTC) would greatly appreciate a letter of support from the City of Chowchilla on the Caltrans and San Joaquin Joint Powers Authority (SJJPA) application to the United States Department of Transportation' s (USDOT) 2022 Multimodal Projects Discretionary Grant (MPDG) competitive grant program for the Madera High-Speed Rail Station Project (Project).

FISCAL IMPACT:

None.

ALTERNATIVES:

Do not support the project.

ACTIONS FOLLOWING APPROVAL:

The Letter of Support will be mailed to MCTC.
130 S Second Street, Chowchilla, CA 93610
Telephone: (559) 665-8615 www.CityOfChowchilla.org
May 10, 2022
The Honorable Pete Buttigieg
Secretary
Office of the Secretary of Transportation
1200 New Jersey Ave, SE
Washington DC, 20590
Subject: Support for 2022 Multimodal Project Discretionary Grant (MPDG) Application:

Madera High-Speed Rail Station Project
Dear Secretary Buttigieg,
The City of Chowchilla supports the application by the California Department of Transportation (Caltrans) and San Joaquin Joint Powers Authority (SJJPA) to the United States Department of Transportation's (USDOT) 2022 Multimodal Projects Discretionary Grant (MPDG) competitive grant program for the Madera High-Speed Rail Station Project (Project).

The purpose of the Project is to improve and expand the size of the previously relocated Madera passenger rail station and provide a high-speed rail (HSR) station for California HSR Interim Service to serve Madera County and Northern Fresno County. When HSR Interim Service operations begin in 2029, the Project will meet regional goals to improve passenger rail ridership and connectivity. The Project aligns with the MPDG program criteria by constructing infrastructure improvements that will increase safety, ensure a state of good repair, contribute economic benefits, improve freight movement, create well-paying jobs, mitigate climate change, bolster resiliency, ensure equity, provide multimodal options, and improve quality of life. SR99 provides direct access to the new Madera HSR Station. Caltrans is studying clean energy enhancements for SR 99 to reduce transportation related pollution including a potential hydrogen facility at this station area.

Caltrans and SJJPA are requesting $87.6 million in grant funding for the Project.

Caltrans and SJJPA commit to providing $16 million in 2018 Transit and Intercity Rail Capital Program (TIRCP) Funds and $42.4 million in additional state funds (in ITIP funds and potentially other SB1 funding programs) for a total non-federal commitment of $58.4 million as a match for the Madera HSR Station.

City of Chowchilla would like to thank USDOT for its consideration and welcomes the opportunity to support Caltrans and SJPPA in the pursuit of this Project.

Sincerely,
John Chavez
Mayor
City of Chowchilla

REPORT TO THE CITY COUNCIL
Item 3.7

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: March 2022 Budget vs Actual and Balance Sheet

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Approve the March 2022 Financial Statements shown in the attachment.

BACKGROUND:

Staff provides Council with monthly financial information as an ongoing financial status update.

REASON FOR RECOMMENDATION:

The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund. The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.

The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 25%.

If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.

If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them FISCAL IMPACT:

Revenues
General Administration- Property tax and Vehicle License Fee (VLF), which are 2 of our biggest revenues, are only received 2 times a year in February and May so we have only received the 1st distribution. Property tax is coming in less than anticipated but VLF is coming in a little more. We will see how property tax does on the 2nd distribution. We are teetered which means we do not have to worry about delinquencies because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and this report amount represents payments received through January 2022. Sales tax is our 2nd largest revenue and it is projected to come in fairly higher than budgeted.

City Attorney- This is the settlement from the HSR and that is not something we budgeted for.

General Services- The budgeted revenue here is from an internal accounting for the Pension Obligation Bond (PO)B debt service. Since the POB expense for debt service in located in this department for the GF we had to bring the revenue from the applicable departments to offset the expense. Public Safety and Miscellaneous Tiers 1 were part of the POB so those respective GF departments have a reduction of PERS cost because of the bond issue so they now have a debt service cost instead of PERS costs. This transfer will happen at the end of the year.

Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the Count and from grants that are billed periodically. We have not billed the schools or the County yet as we usually bill quarterly. Also, it has $950k of Transfer In from Measure N for the fencing project ($775k) and $175k for recruitment and retention of employees. Also, the Madnet program has not had people in it and the program is reimbursed through the County so we have much less Expense and Revenue.

Fire Services- this revenue is from transfers in from Measure N and the General Fund for the fire station expansion project. That project has not happened yet but the RFP process has been completed and we have awarded the project to a vendor. We are close to beginning construction.

Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for growth which includes projects like Oleander, Rancho Calera, Montgomery Farms and miscellaneous lots within Greenhills. So far we have Century Communities building their part of the Montgomery Farms lots but other projects have not pulled their permits. We still have other miscellaneous permits for other items that are happening as well. There is also $185k of grant revenues that we have not received all of yet.

Parks and Recreation- $200k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.

Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations. A lot of the Revenue growth you see this month is from Donations for Music in the Park.

Expenses
All departments expenses are within the normal range or better right now.

ALTERNATIVES:

Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:

None
5/4/2022 8:23:03 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2021-2022 Period Ending: 03/31/2022
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 7,438,460.00 8,361,930.00 493,804.75 4,977,940.52 -3,383,989.48 40.47% Expense 27,654.00 289,182.00 0.00 156,721.94 132,460.06 45.81% Dept: 1600 - General Administration Surplus (Deficit): 7,410,806.00 8,072,748.00 493,804.75 4,821,218.58 -3,251,529.42 40.28% Dept: 1605 - City Council
Revenue 0.00 50.00 0.00 48.83 -1.17 2.34%
Expense 91,815.00 81,551.00 3,735.07 45,495.83 36,055.17 44.21% Dept: 1605 - City Council Surplus (Deficit): -91,815.00 -81,501.00 -3,735.07 -45,447.00 36,054.00 44.24% Dept: 1610 - City Clerk
Revenue 0.00 0.00 0.00 181.23 181.23 0.00%
Expense 301,002.00 279,908.00 18,695.13 206,061.26 73,846.74 26.38% Dept: 1610 - City Clerk Surplus (Deficit): -301,002.00 -279,908.00 -18,695.13 -205,880.03 74,027.97 26.45% Dept: 1615 - City Attorney
Revenue 0.00 400,000.00 0.00 400,000.00 0.00 0.00%
Expense 210,000.00 190,000.00 21,954.91 116,387.92 73,612.08 38.74% Dept: 1615 - City Attorney Surplus (Deficit): -210,000.00 210,000.00 -21,954.91 283,612.08 73,612.08 -35.05% Dept: 1705 - General Services
Revenue 409,052.00 409,052.00 0.00 0.00 -409,052.00 100.00% Expense 1,523,530.00 1,541,042.00 63,517.53 1,116,945.57 424,096.43 27.52% Dept: 1705 - General Services Surplus (Deficit): -1,114,478.00 -1,131,990.00 -63,517.53 -1,116,945.57 15,044.43 1.33% Dept: 1710 - City Administration
Revenue 0.00 0.00 0.00 181.23 181.23 0.00%
Expense 391,980.00 393,200.00 42,395.49 273,203.94 119,996.06 30.52% Dept: 1710 - City Administration Surplus (Deficit): -391,980.00 -393,200.00 -42,395.49 -273,022.71 120,177.29 30.56% Dept: 1712 - City Property - Rents
Revenue 113,086.00 113,086.00 7,182.70 89,728.86 -23,357.14 20.65% Expense 31,385.00 36,235.00 234.95 21,970.74 14,264.26 39.37% Dept: 1712 - City Property - Rents Surplus (Deficit): 81,701.00 76,851.00 6,947.75 67,758.12 -9,092.88 11.83% Dept: 1720 - Finance Department
Revenue 3,000.00 3,250.00 961.00 5,828.83 2,578.83 79.35% Expense 801,847.00 732,279.00 87,765.21 498,504.55 233,774.45 31.92% Dept: 1720 - Finance Department Surplus (Deficit): -798,847.00 -729,029.00 -86,804.21 -492,675.72 236,353.28 32.42% Dept: 2610 - Police Department
Revenue 1,141,305.00 1,404,455.00 24,373.31 220,366.56 -1,184,088.44 84.31% Expense 5,255,255.00 5,795,737.00 945,391.55 3,629,402.42 2,166,334.58 37.38% Dept: 2610 - Police Department Surplus (Deficit): -4,113,950.00 -4,391,282.00 -921,018.24 -3,409,035.86 982,246.14 22.37% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 192,000.00 0.00 15,623.89 -176,376.11 91.86% Expense 275,915.00 183,935.00 8,812.38 43,297.06 140,637.94 76.46% Dept: 2615 - Police - Mad Net Surplus (Deficit): -83,915.00 8,065.00 -8,812.38 -27,673.17 -35,738.17 443.13% Dept: 2705 - Fire Department
Revenue 1,042,500.00 1,168,500.00 280.00 2,627.38 -1,165,872.62 99.78% Expense 1,412,445.00 1,555,910.00 36,994.98 246,755.27 1,309,154.73 84.14% Dept: 2705 - Fire Department Surplus (Deficit): -369,945.00 -387,410.00 -36,714.98 -244,127.89 143,282.11 36.98% Dept: 4705 - Community & Economic Development
Revenue 800,550.00 1,035,150.00 100,923.76 575,499.71 -459,650.29 44.40% Expense 846,381.00 970,647.00 92,839.73 499,337.38 471,309.62 48.56% Dept: 4705 - Community & Economic Development Surplus (Deficit): -45,831.00 64,503.00 8,084.03 76,162.33 11,659.33 -18.08% Budget Report For Fiscal: 2021-2022 Period Ending: 03/31/2022 5/4/2022 8:23:03 AM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services
Expense 38,500.00 36,100.00 716.51 18,811.00 17,289.00 47.89% Dept: 6615 - Senior Services Total: 38,500.00 36,100.00 716.51 18,811.00 17,289.00 47.89% Dept: 6620 - Parks & Facilities
Revenue 256,597.00 259,097.00 15,143.39 45,348.29 -213,748.71 82.50% Expense 823,604.00 825,356.00 71,371.11 374,432.76 450,923.24 54.63% Dept: 6620 - Parks & Facilities Surplus (Deficit): -567,007.00 -566,259.00 -56,227.72 -329,084.47 237,174.53 41.88% Dept: 6625 - Community Relations
Revenue 19,850.00 25,550.00 6,961.00 20,698.96 -4,851.04 18.99% Expense 167,342.00 174,548.00 27,116.98 110,120.55 64,427.45 36.91% Dept: 6625 - Community Relations Surplus (Deficit): -147,492.00 -148,998.00 -20,155.98 -89,421.59 59,576.41 39.98% Report Surplus (Deficit): -782,255.00 286,490.00 -771,911.62 -1,003,373.90 -1,289,863.90 450.23% Budget Report For Fiscal: 2021-2022 Period Ending: 03/31/2022 5/4/2022 8:23:03 AM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -782,255.00 286,490.00 -771,911.62 -1,003,373.90 -1,289,863.90 Report Surplus (Deficit): -782,255.00 286,490.00 -771,911.62 -1,003,373.90 -1,289,863.90 5/4/2022 8:17:13 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 03/31/2022
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 38.58
100-0100-0206 Cash Drawer 1,500.00
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental 20.46
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 32,644.94
100-0100-0226 Advance to Other Funds 524,551.86
100-0100-0227 Liens Receivables General Fund 163,040.13 100-0100-0228 Pending Charges or Refunds 55.17
100-0100-0229 A/R Business License 95,403.53
100-0100-0230 Accounts Receivable-Utilities 29.30
100-0100-0231 Allowance for Doubtful A/C 67,200.00
100-0100-0291 Prepaid Expenses 1,637.50
100-0100-1900 Claim On Cash 5,542,080.40
Total Assets: 6,473,591.55 6,473,591.55
Liability
100-0200-0420 Trade Payables 6,591.40
100-0200-0422 Bonds for Work-Refundable 18,000.00
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 162,766.23
100-0200-2901 Accounts Payable Pending 22,449.49
Total Liability: 347,807.12
Equity
100-0300-0601 Fund Balance 5,679,446.39
100-0300-0602 Designated Restricted Donation 5,934.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0611 Reserve for L/T A/R 533,314.89
Total Beginning Equity: 7,129,158.33
Total Revenue 6,354,074.29
Total Expense 7,357,448.19
Revenues Over/Under Expenses -1,003,373.90
Total Liabilities, Equity and Current Surplus (Deficit): 6,473,591.55 Total Equity and Current Surplus (Deficit): 6,125,784.43

REPORT TO THE CITY COUNCIL
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of Abatement Notice Objections or Protests from Affected Property Owners and a Council Resolution Authorizing the City Administrator to Execute Necessary Documents
PREPARED BY: Fred Gaumnitz, Fire Chief
ATTACHMENTS: Council Resolution Authorizing City Administrator and/or his Designee to Execute Appropriate Documents and Sample Weed Abatement Letter

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council hear any protests from affected property owners and authorize City Administrator and/or his designee to execute necessary documents.

BACKGROUND:

Whenever weeds grow upon the street or sidewalk or upon or in front of private property that is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement, pursuant to Chowchilla Municipal Code Chapters 8.02, Property Maintenance and 8.12, Weeds.

With Council’s previous authorization by Resolution No. 11-22, the annual weed abatement program is being implemented in accordance with the process outlined in the Municipal Code. The purpose of this program is to identify the existence and abatement of this type of public nuisance.

REASON FOR RECOMMENDATION:

City Council authorized annual weed abatement program on February 22, 2022. Properties within the city limits were inspected during the month of March and a Notice of Corrective Action was sent to owners of record on March 29, 2022 and properties posted per the municipal code. A list of non-compliant properties was provided to the Fire Department to coordinate abatement with contractor.

FISCAL IMPACT:

Abatement of non-compliant properties will be selected by staff to a specific contractor. The total contract amount will be reduced based on property owner abatements prior to the contractor abating the properties.

It should be noted Any owner of property, upon which property a public nuisance has been declared to exist pursuant to Sections 8.12.010 through 8.12.040 who fails to abate such nuisance within ten days after the date of conclusion of the hearing with respect to such property, as provided in Section 8.12.040 shall be responsible for remitting the citation fee of $100.00 plus the bid amount for that property if contractor abates the property. Community Development staff anticipates the properties needing abatement by the City will reduce prior to arrival of City approved Contractor for abatement.

ALTERNATIVES:

Not perform annual weed abatement, notices and abatement of non-compliant properties.

ACTIONS FOLLOWING APPROVAL:

Consistent with past practices, the Finance Department will issue billings to these property owners. Should delinquency occur, a property lien will be filed.

CITY COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

RELATED TO HEARING PROTESTS OF ANY AFFECTED PROPERTY OWNERS AND

AUTHORIZE THE CITY ADMINSTRATOR TO EXECUTE NECESSARY DOCUMENTS

THERETO
(2022 WEED ABATEMENT PROGRAM)
WHEREAS, whenever weeds grow that are injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement; and WHEREAS, it is the desire of the City Council to effect timely removal of all weeds so described through the City’s Weed Abatement Program, and in manner provided by law; and WHEREAS, on February 22, 2022, the City Council authorized the annual weed abatement program with the passage of Resolution # 11-22; and
WHEREAS, a Notice of Correction was issued to non-conforming properties and if abatement does not occur during time frame prescribed, the City may choose to follow Chowchilla Municipal Code Chapter 8.02, Property Maintenance & Chapter 8.12; and WHEREAS, properties were inspected and non-compliant properties posted per municipal code on March 29, 2022; and,
WHEREAS, no property owner appealed the posting of their property, pursuant to Chowchilla Municipal Code Section 8.02.070, Procedures for abatement of unlawful conditions; and
WHEREAS, the Community and Economic Development Department provided a list of noncompliant properties to the Fire Department to coordinate abatement with contractor.

WHEREAS, the Council heard this matter, received a staff report, received public testimony and deliberated on May 10, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:

1. The above recitals are true and correct;

2. Authorize the City Administrator and/or his designee to execute the appropriate documents associated with this action; and

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of May, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Approving a Successor Agreement with Mid Valley Disposal to Provide Additional Services Related to Organic Waste Hauling and Bin Service Rates and Authorizing the City Administrator to Sign the Agreement
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, Successor Agreement

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

It is recommended that the Council approve a resolution approving a successor agreement with Mid Valley Disposal to provide additional services for hauling and bin service rates and authorizing the City Administrator, or designee, to sign the agreement on behalf of the City.

BACKGROUND:

Senate Bill (SB) 1383, signed into law by the Governor in 2016, requires that the City implement services and procedures to reduce organic waste disposal from our landfills by 75 percent and increase edible food recovery by 20 percent by 2025 and went into effect January 1, 2022. The City does not currently provide these services. The City’s contract with Mid Valley Disposal, its solid waste hauler, has a provision which calls for the parties to negotiate and add additional services when required by new regulations. Staff requests that Council amend the agreement with Mid Valley Disposal, in order to provide the new services.

REASON FOR RECOMMENDATION:

In order to remain compliant with State mandates of SB 1383, the City Council amended the City’s Municipal Code in November 2021 to require businesses and residents to comply with mandatory organic waste and recycling services. The updated ordinance mandates that organic waste generators, haulers, and other entities be subject to the requirements of SB 1383 regulations and subject to the jurisdiction’s authority, comply with SB 1383 regulatory requirements.

SB 1383 mandates that the City needs to enforce on other entities, including requirements for generators to participate in organic waste collection programs; multi-family and business owners and property managers to support organic waste disposal reduction; commercial edible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and more. It is organized into the following sections:
• Requirements for Single-Family Generators
• Requirements for Commercial Businesses
• Waivers for Generators
• Requirements for Commercial Edible Food Generators
• Requirements for Food Recovery Organizations and Services • Requirements for Haulers and Facility Operators
• Self-Hauler Requirements
• Inspections and Investigations
• Enforcement
• Penalties
Non-compliance with SB 1383 regulations can provide Calrecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met.

In order to enable these new services a successor agreement to the existing waste hauling contract with Mid Valley Disposal is needed as they are currently not covered by the current agreement. The new proposed charges for the City to pay Mid Valley Disposal are based on similar recycling services provided to the City with adjustments for additional tipping fees that the material will incur. The rates that are currently within the City’s Master Fee Schedule (approved by the City’s 2020 Prop. 218 Rate Study) for these services will be charged to customers.

In addition to the elements of the agreement dealing with SB 1383 requirements, the successor agreement cleans up language into the contract by consolidating various amendments to the existing contract and addresses the following matters:
• Combines the original Madera Disposal agreement that Mid Valley Disposal took over and the various amendments related to:
o AB341 (mandatory commercial recycling)
o AB1826(food waste recycling)
o AB901(recycling reporting)
• Increased performance/security bond requirement to $100,000. • Franchise fee language that results in an 80/20 split by FY 2025. This includes all fees generated by waste disposal, including bin roll offs that are currently directly contracted with Mid Valley Disposal.
• Add roll off (drop box) service. Currently there are no fees.

FISCAL IMPACT:

These expenses occur within the Solid Waste Fund. Anticipated expenses related to SB 1383 is estimated at $100,000 to $150,000. However, this is expected to be partially covered by the additional franchise fees related to bin roll offs and a one-time grant from CalRecycle of $25,453 for costs related to the first year of SB 1383 implementation. Additionally, the additional SB 1383 costs can be absorbed within the current rate structure but will limit growth of the Solid Waste fund balance.

ALTERNATIVES:

Not to approve the amendment and be out of compliance with State mandated requirements.

ACTIONS FOLLOWING APPROVAL:

Successor agreement is signed by both parties.

MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF CHOWCHILLA, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES 2 SECTION 2 - DEFINITIONS3
SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE RESIDENTIAL AND COMMERCIAL FRANCHISE3 SECTION 4 – TERM AND TERMINATION5
SECTION 5 - FRANCHISE AREA5
SECTION 6 - SERVICES PROVIDED BY GRANTEE5
SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS8 SECTION 8 - WASTE DELIVERY DESIGNATION8
SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES11
SECTION 11 - FRANCHISE TRANSFER15
SECTION 12 - REPORTS16
SECTION 13 - COMPENSATION18
SECTION 14 - FORCE MAJEURE22
SECTION 15 - OTHER PROVISIONS22
SECTION 16 - SEVERABILITY24
SECTION 17 - ENTIRE AGREEMENT; AMENDMENT24
SECTION 18 - CONSTRUCTION OF FRANCHISE25
EXHIBIT “A” - PROVIDED SERVICES26
EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS29
EXHIBIT “C” - DEFINITIONS32
EXHIBIT “D” - FEES38
1 MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF CHOWCHILLA, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into this first day of July 2021, by and between the City of Chowchilla (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Grantee” or “Contractor”), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in Exhibit “A.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, Grantee has lawfully conducted solid waste handling operations in the City for several years, and has delivered a level of service to its customers commensurate with the highest industry standards, and Grantee is well-qualified to continue providing that service; and WHEREAS, the previous agreement and amendments between City and Grantee need to be updated; and
WHEREAS, in consideration of a long-term agreement, Grantee has agreed to waive and release City from all prior claims related to the previous agreement; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, the City Council declares its intention of ensuring the delivery of adequate Solid Waste Handling services and of maintaining reasonable Fees for the provision of such handling services within the City.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
2 SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES A. Covenants, Representations and Warranties of Grantee Grantee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Grantee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Grantee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Grantee has been authorized by Grantee to do so, and this Agreement has been duly executed and delivered by Grantee, and constitutes a legal, valid and binding obligation of Grantee enforceable against Grantee in accordance with its terms.
(4) To the best of Grantee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Grantee or affecting Grantee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Grantee.
(5) Grantee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Grantee's or, if applicable, in Grantee's parent company's, financial circumstances since the date of the most recent financial statements or information submitted to the City or reviewed by the City at the offices of Grantee.
(6) Grantee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement’s term.
(7) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Administrator the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Administrator reasonably acceptable proof that the Grantee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.

B. Covenants, Representations and Warranties of the City The City hereby makes the following covenants, representations and warranties to and for the benefit of Grantee as of the date of this Agreement:
(1) The parties executing this Agreement on behalf of the City are duly authorized to do so.

This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms. 3 (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall, reasonably consistent with its governmental duties, cooperate with Grantee in preserving the confidentiality of Grantee’s proprietary information, including trade secret information, and preventing its disclosure. It will be the obligation of Grantee to designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. No copies of such proprietary information shall be retained by City as public records under California law. Such information may include financial information that concerns activities or aspects of the Grantee’s business that are unrelated to any work performed for the City, and any other information from which the identity of any account, customer, vendor, buyer, supplier, end user, or other source or transferee of recyclable material may be reasonably ascertained, such as name, address, or other identifying information. Grantee shall defend and indemnify City, elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers, including for City attorney fees, staff costs, awards and judgments, for any claims brought against City for failure to produce any requested documentation related to Grantee and its business in possession of City in accordance with a Public Record’s Act. (4) The City shall use best reasonable efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.

SECTION 2 - DEFINITIONS
Whenever any term used in this Franchise Agreement has been defined by AB939 or in the Municipal Code, the definitions therein, as presently defined and as they may be amended in the future shall apply unless the term is otherwise defined in this Agreement. In the event of conflict between the definition found in AB939, in the City Code and this Agreement, the definition in this Agreement shall govern all other definitions, while the definition in the City Code shall take precedence over the definition contained in AB939. The definitions are set forth on the attached and incorporated Exhibit “C”.

SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE

RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise
Pursuant to the provisions of the City Code and pursuant to AB939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Grantee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in Exhibit “A” (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Grantee to provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to local agencies 4 by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute.

B. Acceptance of Franchise

Grantee agrees to be bound by and comply with all the requirements of this Franchise Agreement.

Grantee waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.

C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not “self-haul” within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same. (3) Sale or Gift of Recyclable Materials. Source separated recyclable Materials which are either donated or sold by the generator of the materials to a party other than Grantee. A mere discount or reduction in price of the Grantee’s charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed “solid waste” within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services (“fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
5 SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on MONTH XX, 2021 and expire at 12:00 a.m. on June 30, 2031. Thereafter, beginning on July 1, 2022, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years. Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2022.

Any such notice, properly given, shall serve to terminate the automatic one-year renewal and extension provision only, and this Agreement shall remain in effect for the balance of the term then outstanding. In the event that either party exercises its right to terminate the automatic renewal and extension provision under this paragraph, the parties may subsequently reinstate the automatic renewal and extension provision by mutual written agreement. Termination of this Agreement may also occur pursuant to the section “Failure to Perform and Remedies,” hereafter stated in this Agreement.

SECTION 5 - FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Grantee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise Area.

SECTION 6 - SERVICES PROVIDED BY GRANTEE

The following minimum operating requirements shall apply to Grantee, except to the extent any operating requirement is specifically eliminated or modified in Exhibit “A”:

A. Employees
(1) Each employee or other Person driving Grantee’s vehicle shall at all times have a valid California vehicle operator’s license appropriate for the vehicle being driven. (2) All Grantee employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall at all times behave in a courteous manner. (4) Noncompliance with the employee items above are subject to the terms of Section 10, Failure to Perform and Remedies.

B. Hours of Collection
Grantee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day. 6 C. Office for Inquiries and Complaints
City shall receive and log customer inquiries and complaints and transmit any service requests or complaints to Grantee electronically or via other mutually agreed upon method. Grantee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number. Such listing shall be in the Grantee’s name or in the fictitious business name under which Grantee provides Solid Waste Handling services to the Area. This Section shall not require the Grantee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Grantee.

D. Records and Reports
Grantee shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this agreement required under any other applicable law.

E. Requested Service
Grantee shall provide Solid Waste Handling services to all Customers within its approved Franchise Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days of the Customer's request.

F. Collection Frequency
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations. Grantee shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof, unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.

G. Containers
In addition to any requirement Grantee is subject to under its Health and Safety Permit, each container shall be replaced in its proper place in a neat and orderly manner; any litter spilled from a container by Grantee's employees while emptying a container shall be cleaned up by Grantee’s employees.

H. Noise
In addition to any requirement Grantee is subject to under applicable law, Grantee shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Grantee shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.

I. Collection Equipment
Grantee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the 7 collection and transportation of Solid Waste prior to such initial and/or periodic inspection and approval by the County of Madera, State of California, and/or the Department of Public Health, Division of Environmental Health Services, as applicable, to the extent required under the Grantee's applicable Health and Safety Permit.

All motor vehicles used by Grantee under its Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. In addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable state or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.

J. Privacy
Grantee shall strictly observe and protect the rights of privacy of its Customers. Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. In addition, Grantee shall not market, sell, convey, or donate to any Person any list with the name or address of Customers except that Grantee may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Franchise Agreement. Grantee shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.

K. Customer Complaints
Grantee shall respond to customer complaints whether received directly from customers, or by customer through City. Grantee shall designate a government liaison Person responsible for working with the City to resolve Customer complaints. The name of the liaison Person and a 24 hour availability telephone number shall be provided to the City Administrator. Customer complaints shall be resolved in accordance with Section 10(B) herein, “Resolution of Customer Complaints.”
L. Property Damage
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Grantee to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Grantee at Grantee's sole expense. (2) With respect to driving surfaces, Grantee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Grantee's employees.
8 M. Gratuities
Grantee shall not, nor shall it permit any officer, agent, or employee employed by it, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.

N. Laws and Licenses
Grantee shall comply with all federal, state, and City, County or local laws, ordinances, rules, and regulations applicable, from time to time and as amended, to the performance of the Solid Waste Handling services provided under this Franchise Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Franchise Agreement.

O. Services During Strikes, Lockouts or Other Labor Disturbances In the event of labor strikes, lockouts, or other labor disturbances, Grantee and City agree to cooperate fully in developing and implementing contingency plans for the continued collection and handling of Solid Waste in order to safeguard public health and avert imminent and substantial threats to public health and safety. Without limitation, these cooperation efforts may include prioritizing the collection of Solid Waste from certain businesses in order to control the accumulation of Solid Waste that may lead to more immediate threats to public health such as putrescible waste, sewage sludge, and manure or other animal waste.

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided in state law, ownership of Solid Waste shall transfer to Grantee at such time as the Solid Waste is discarded by the Solid Waste Handling service Customer. City makes no claim of ownership to the discarded solid waste.

SECTION 8 - WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Grantee shall deliver Solid Waste generated within City and collected by Grantee pursuant to this Agreement. This designation, when made, shall be subject to the following:
(1) Solid Waste that Grantee determines to be suitable for Processing or green composting may be delivered by Grantee to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Grantee, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation. (2) If the City Administrator or his/her designee directs Grantee to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility that is different from the facility Grantee is then using for the disposal of such waste, or in amounts that are different 9 than the amount that Grantee is currently delivering to that facility, and this direction results in increased operating costs to the Grantee, Grantee shall be entitled to a corresponding Fee adjustment to fully compensate Grantee for the increased costs.

SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND A. Indemnification of City
The Grantee agrees to indemnify, defend (with counsel chosen by City) and hold harmless the City and its authorized elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of Grantee’s performance of services under this Agreement, except to the extent, if at all, that such liability arises as a result of City’s own gross negligence or willful misconduct.

Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Grantee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Grantee shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, contractors, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Grantee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Grantee stores, handles, transports or disposes of Solid Waste pursuant to this Franchise Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City’s decision to exercise its waste delivery designation rights under Section 8 of this Agreement. The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and hold the City harmless from liability. This Section 9B shall survive the termination, lapse or any change in the relationship of the Parties hereto.

B. Insurance Requirements
Insurance Requirements

1. Commercial General Liability
10 a. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. b. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
c. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.

2. Business Automobile Liability
a. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.

3. Workers’ Compensation and Employers’ Liability
a. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

4. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. 11 v. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.

C. Performance Bonds or Other Security
Grantee shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City’s sole discretion, as security for performance under this Franchise Agreement (collectively "Security"). The amount of the Security shall be One Hundred Thousand Dollars ($100,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

D. Modification
The requirements of this Section 9 may be modified or waived in writing by the City upon the request of Grantee, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Grantee or by a parent company of Grantee.

SECTION 10 - FAILURE TO PERFORM AND REMEDIES
The rights of the Grantee and City upon the failure of either to perform as required under this Agreement shall be as provided below:

A. Administration, Enforcement and Remedies
(1) If the City Administrator determines at any time that the Grantee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement are not in conformity with the provisions of the Franchise Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Administrator will notify Grantee in writing of such deficiencies ("Notice of Deficiency").

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Administrator, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Grantee of such written notice. If the Grantee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Grantee immediately commences to correct or remedy such deficiency within the time set forth in the Notice of 12 Deficiency and diligently pursues such correction or remedy thereafter Grantee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. (2) The City Administrator shall review the Grantee’s response to the Notice of Deficiency. If the City Administrator determines that the Grantee has not cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Administrator shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10–A; or
ii. Decide the matter and notify the Grantee of that decision, in writing.  The decision of the City Administrator may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
 The decision of the City Administrator shall be final and binding on Grantee unless the Grantee files a "Notice of Appeal" with the City Administrator within thirty (30) days of receipt of the City Administrator’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.
 Within fourteen (14) working days of receipt of a Notice of Appeal, the City Administrator shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10–A.
(3) Should the City Administrator refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. If the City Council sets the matter for public hearing:
 The City shall give Grantee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the City Administrator indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard.  Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. If, based upon the record, the City determines that as noted in the Notice of Deficiency the Grantee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement are not in conformity with the provisions of the Franchise Agreement, or constitute a material violation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an imminent and substantial threat to public health and safety has been created 13 as a result of Grantees’ deficiency, or in the case of any other uncorrected breach, it may impose such lesser sanction or sanctions not involving termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Grantee’s performance under this Franchise Agreement is not excused during the period of time prior to the City Administrator's or the City Council’s final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Grantee: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
i. To rent or lease from Grantee, at its respective fair and reasonable rental value, all or any part of the Grantee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Grantee in providing the Solid Waste Handling services required under this Franchise Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Grantee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Grantee or Person to act on the City’s behalf. Grantee shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Grantee’s equipment. In the case of equipment not owned by Grantee, Grantee shall assign to the City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses and uses such equipment, the right to possess and use the equipment. ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the City Administrator by any equitable alternative method. iii. If the City exercises its rights under this subsection, the City shall pay or owe Grantee the reasonable rental value of the equipment so taken for the period of the City’s possession thereof. The City may offset any amounts due to Grantee pursuant to this provision against any amounts due the City from Grantee. iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Grantee's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Grantee receives such revenue after City's assumption of Grantee's Solid Waste Handling duties, Grantee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Grantee prior to the City's 14 assumption of duties) and Grantee shall be deemed to have assigned to City all of Grantee's right and interest to any such revenues.
(6) The City rights set forth in this Section 10–A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Grantee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement, Grantee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Grantee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding.

B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows:
(1) Grantee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of Inquiries and Complaints section herein). Service complaints may be investigated by City Administrator, as necessary to resolve. Grantee shall provide reasonable cooperation in the event of such investigation. Grantee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Grantee to resolve the complaint. All such records shall be maintained for at least three (3) years after Grantee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Grantee whether received by City and forwarded to Grantee, or received directly by Grantee.
(2) If the Grantee fails to cure a complaint, the City Administrator shall review the complaint and determine if further action is warranted. The City Administrator may request written statements from the Grantee and Customer, or oral presentations or both written and oral presentations.
(3) The City Administrator shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the Code or of the breach of any term of this Franchise Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Grantee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(4) The City Administrator may delegate the duties under this Section to a designee. The decision of the City Administrator or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Grantee may seek review pursuant to the Notice of Appeal procedure contained in Section 10–A of this Agreement.
15 SECTION 11 - FRANCHISE TRANSFER
The rights of the Grantee in regard to the transferability of its Franchise shall be as set forth below:
(1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City. Any attempt by Grantee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement.
(2) This Franchise Agreement shall terminate on any Change in Ownership of Grantee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Grantee that the City approve a transfer of all or part of Grantee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Grantee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Grantee.

If the Grantee requests that the City consider and consent to a transfer or a Change in Ownership of Grantee, the Grantee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
i. The Grantee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Grantee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Grantee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
 that the proposed transferee or the proposed management of the Grantee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Grantee under this Agreement;  that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or 16 local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (ii) involves actions which endangered the lives or property of any Person.

Grantee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
 of the adequate financial strength of proposed transferee or of the Grantee under the proposed new ownership; and
 of the ability of the proposed transferee or of the Grantee under the proposed new ownership to obtain and maintain required insurance and bonds.

SECTION 12 - REPORTS
Grantee shall provide the City Administrator with such reports and information and make its records available for review as provided below:

A. General
(1) Grantee shall keep, maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement, and support requests for a Fee adjustment. City and Grantee agree that Grantee’s financial data and operational records shall remain confidential with respect to third parties, and shall be protected from disclosure to the extent they contain proprietary information, including trade secrets, whether or not designated as such by Grantee.
(2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein.

B. Reporting Requirements
During the term of this Franchise Agreement, Grantee shall submit to the City quarterly, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and AB 901, and other applicable laws, as amended, and the regulations 17 implementing each, in a manner acceptable to City. Grantee agrees to submit such reports and information as reasonably requested by the City. Grantee agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City’s source reduction and recycling element and non-disposal facility element.

C. Annual and Quarterly Reports
(1) Grantee shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted forty-five (45) days following the end of each calendar quarter. The quarterly reports shall include:
i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility. iii. Amount and types of material recycled, processed or diverted. iv. Customer complaint log for complaints received during the quarter. v. Summary assessment of services, and identification of impediments to meeting service requirements.
vi. An annual presentation will be made to the Chowchilla City Council upon an agreed date that is acceptable to both parties.
18 SECTION 13 - COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Grantee. City shall provide billing services to all residential, commercial, and industrial customers who receive service pursuant to this Agreement, except that Drop Box services will be billed and collected by Grantee.

On a monthly basis, City shall remit to Grantee the full amount of services provided based on the Grantee Fees set forth on Exhibit “D.” The monthly compensation payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Grantee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund management, and Franchise Fees. The parties acknowledge City’s right to add and retain such fees.

Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.

Direct Billing by Grantee
Grantee will be required to provide Drop-Box customers who are more than thirty (30) days past due a proper notice of delinquency according to applicable law prior to discontinuing services. Grantee may require Customers arranging for Temporary Services to pre-pay for the services requested.

Payment
On a monthly basis, Grantee shall submit a complete report of amounts collected from customers direct billed by Grantee, including franchise fees owed to City. City shall remit to Grantee amounts collected for services billed on tax rolls, less all applicable Franchise Fees, based on the Fees set forth in Exhibit “D.” The monthly payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. (2) Grantee’s Fees. Grantee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibit “D,” the contents of which are incorporated by this reference. The Exhibit “D” Fees will apply at the inception of this Agreement, and are subject to adjustment as set forth elsewhere herein.

The parties acknowledge their understanding that the Exhibit “D” Fees are not necessarily reflective of the total charges that City will actually bill to customers. The City expressly reserves the right to charge customers whatever Rates it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over 19 and above the amount that will be paid to Grantee, to cover such administrative, finance, collection or other fees as the City determines proper. If no Fee has been established for a particular service billed by City, Grantee and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Grantee, then Grantee shall determine with Customer the appropriate charge, subject to City approval. Grantee shall promptly notify City of any new Rates to be billed by Grantee.

The Exhibit “D” Fees are inclusive of all Solid Waste handling services to be provided, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Grantee for such services unless approved by City.

B. Adjustment to Fees
The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) The Fee’s in Exhibit D shall adjust annually based on the rate increases adopted by City in February 2021, through the year 2024. Thereafter, beginning July 1, 2025, the Fee’s increase based on the CPI adjustments per this section. (2) Annual Cost of Living Adjustment (COLA)
Beginning July 1, 2025, the Fee shall be annually adjusted upwards by adding a cost-ofliving adjustment (COLA) to the “Service Component” of the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

An example of the CPI adjustment for July 1, 2021 is shown below:

Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% Increase: 1.72% (5.080 ÷ 295.004)
This Agreement presumes that eighty-five percent (85%) of the Fees are attributable to Grantee’s services (“Service Component”), and fifteen percent (15%) thereof is attributable to the cost of disposal (“Disposal Component”). Accordingly, the annual COLA will be multiplied by a factor of 0.85. Using July 1, 2021, as an example, the COLA to be applied to Fees would be:

0.85 x 1.72% = 1.46%
In the event the calculation above is greater than 5.0%, the adjustment to Fees shall be

5.0% for that year and any amount above 5.0% shall be carried forward and added to 20 any subsequent years’ COLA until such time there is no carryover. The annual COLA applied to the Fees shall not exceed 5.0% in any one year. (3) Solid Waste Facility Fee Adjustment
The Solid Waste Facility Fee Adjustment shall be the pass-through of one hundred percent (100%) of any increase in the fee charged to the Grantee, applied to the “Disposal Component”, and shall be effective as of the date of the change of the Solid Waste Facility Fee. As an example:
2021 fee $23.64 per Ton
2020 fee -23.06
Increase $0.58 per Ton
Increase, expressed as a percentage:
$0.58 / $23.06 x 100% = 2.51%
The increase in Disposal Component applied to Fees is then:

0.15 x 2.51% = 0.376%
(4) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Grantee’s compensation and the Fee adjustment mechanism provided in this Agreement result in Grantee’s suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Grantee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Grantee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Grantee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Grantee. In the event of such an application for an extraordinary Fee increase, it is understood that the Grantee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (5) Franchise Fee Adjustment
Excluding the Franchise Fee Adjustments defined in Exhibit C, section R., Franchise Fee adjustments shall be a one hundred percent (100%) pass through of the increase or 21 decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Grantee.
(6) Change in Scope Level Adjustment
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Grantee.

City shall provide Grantee ninety (90) days notice of any requested changes in scope of this agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Administrator and the Grantee claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13–C (1) shall apply.
(7) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law.

In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Administrator and the Grantee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in 13 above, which cannot be resolved between the Grantee and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to either or both: (i) the existence of a Change in Service Level or a Change in Law; and/or (ii) the effect on the Grantee's demonstrable costs of a Change in Service Level or a Change in Law. The decision of the expert shall 22 be binding on the Grantee and the City. The cost of the expert shall be borne equally by the Grantee and the City and the Parties shall pay the expert(s) each party’s respective share on demand by the expert(s). If the Grantee and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Madera to have an expert chosen by the court. The City and Grantee shall each have the right to suggest one expert to the court; the court shall choose one of the suggested experts. (2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Administrator within ten (10) working days after receipt of a written statement from the Grantee of the nature and basis of the dispute with a request that it be resolved by the City Administrator. Grantee shall have the right to appeal the City Administrator’s decision in writing to the City Council within thirty (30) days after the City Administrator has given the Grantee written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10–A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith. The City may consider the appeal or refer said appeal to a hearing officer as provided in Section 10–A of this Agreement. (3) The most recent Fees approved by the City Administrator in effect at the time a dispute is submitted to either the expert or City Administrator, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Administrator, the City or a hearing officer, as appropriate.

D. Discontinuance of Service
Grantee may discontinue service for non-payment of Customer’s billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Grantee), or Customer’s failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.

SECTION 14 - FORCE MAJEURE
Grantee shall not be in default under this Agreement in the event that the services provided by the Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Grantee and which Grantee could not reasonably be expected to have prevented or controlled. Catastrophic events do not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee.

SECTION 15 - OTHER PROVISIONS
23 A. Independent Contractor
Grantee is an independent contractor and not an officer, agent, servant, or employee of City.

Grantee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees.

B. Right to Pass
Grantee shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to its Franchise Agreement, so long as it is not in receipt of a written notice revoking permission to pass.

Grantee shall have no rights greater than those then held by City.

C. Compliance with Municipal Code
Grantee shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Grantee at its most recent address of record with City or (ii) to the City Administrator at the thencurrent address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:

To City: City of Chowchilla
Attn: City Administrator
130 South Second Street
Chowchilla, CA 93610

To Grantee: Attn: Contract Administrator
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within 24 twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

E. Exhibits Incorporated
Exhibits “A” through “D” are attached to and incorporated in this Agreement by this reference as if fully set forth.

F. Laws and Licenses
City and Grantee shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and Grantee shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.

G. Governing Law
This Agreement shall be governed by the laws of the State of California, with venue in the Superior Court of the County of Madera or the Federal District Court with jurisdiction over City.

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.

I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

SECTION 16 - SEVERABILITY
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

SECTION 17 - ENTIRE AGREEMENT; AMENDMENT
This Agreement and its incorporated Exhibits constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, 25 representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by written agreement signed by both parties hereto.

Notwithstanding the forgoing, the parties acknowledge the provisions of “Chapter 6.20, Garbage and Rubbish Disposal” of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Administrator shall provide Notice to Grantee upon changes to the City Code that require a change in this Agreement.

SECTION 18 - CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties.

WITNESS the execution of this Agreement on the day and year written above.

CITY OF CHOWCHILLA MID-VALLEY DISPOSAL
Rod Pruett, City Administrator
Mary Lerner, City Attorney Print Name
Approved to Form
Joann McClendon, City Clerk Title
Attest
26 EXHIBIT “A” - PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Grantee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

Grantee shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Grantee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Grantee. Grantee shall supply containers, and shall require the use of specific containers as specified in this Exhibit “A.” Grantee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Grantee in Exhibit “D.” Grantee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Grantee of any Changes in Service Level.

B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at Multi-Residential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.

C. Source Separated Materials – Contamination
Grantee shall conduct contamination monitoring as defined in Exhibit B of this Agreement.

D. Construction and Demolition Waste Temporary Drop Box Services Grantee shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in Exhibit “D” unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of “disaster debris” with the Grantee or other qualified public or private entity.
27 E. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Grantee shall provide front load commercial service to the City at no cost for the following City-owned facilities:
i. City Hall
ii. Sr Citizen Center
iii. Sewage Plant
iv. Police Department
v. Fire Department
vi. City Complex
vii. City Yard
(2) Community Clean-up: Contractor shall perform one (1) annual curbside collection per resident on designated day(s) mutually agreed upon by City and Contractor.

Contractor will provide the equipment and manpower to collect and dispose of Solid Waste placed at the curbside during the event. Contractor shall notify customers in advance of the collection day and provide a daily report, in a format agreed to by City, to report all situations that prevent or hinder collection. (3) Illegal Dumping: At Cities direction, Contractor agrees to provide targeted clean up of illegal dumping up to ten (10) tons annually.
(4) Used Oil and Filter Collection: Contractor shall provide used oil and used oil filter collection to all Single Family Residential customers utilizing used oil containers and used oil filter containers that have been placed within 3 feet of the curb or other such location agreed to by the Contractor and customer that will provide safe and efficient accessibility by Contractors personnel. Used oil containers and used oil filter containers will be provided by the City.
(5) Christmas Trees: Contractor shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(6) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner’s statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Grantee will provide walk-in service to such premises.

F. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris is created, the Grantee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services using Fees reflected in Exhibit “D”, to transport debris to a staging area or disposal facility designated by the City Administrator. 28 (2) During any period of time that Grantee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Grantee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contract with third-party entities for the same services.
(3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions. 29 EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB1383, Contractor shall implement the programs identified in this Exhibit B. These programs are designed to meet the implementation and education requirements of SB1383 and help the City achieve annual diversion requirements set by CalRecycle. The City’s actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City’s enforcement of applicable codes, and the City’s implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Contractor shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.

New containers or lids placed by Contractor shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.

2. Education and Outreach
To promote public education about recycling requirements, Contractor shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Contractor shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor’s website.

Instructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays.

Property Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial 30 Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor’s customer service department not later than two (2) weeks in advance of the date that the materials are needed.

Technical Assistance Program: Contractor shall provide ongoing technical assistance for Commercial and Multi-family generators that are required to participate in source separated recycling under applicable laws including AB 341, AB 1826, and SB 1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.

Contamination Monitoring: Contractor shall perform contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Contractor’s personnel shall lift the Container lid and observe the contents.

For Collection vehicles equipped with a video camera and monitoring system, Contractor’s personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures set forth below.

3. Waste Evaluations
Sampling Method: Contractor shall, at its sole expense, conduct waste evaluations that meet the requirements of 14 CCR Section 18984.5(c). The Contractor shall conduct waste evaluations for contaminants using the Standard-Compliance Approach or other methods approved by Cal Recycle at least twice per year and the studies shall occur in two distinct seasons of the year. Contractor shall provide adequate notice to City of when waste evaluations will occur, and City reserves the right to observe waste evaluations.

Contamination Notifications: If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall notify City within fifteen (15) working days. Contractor may perform targeted waste audits to determine the source of contaminants and provide technical assistance to those generators, or notify all generators of their obligation to properly source separate materials. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.

Contractor will coordinate with City to develop procedures regarding alleged violations of these recycling programs.

4. Procurement
At City’s option, Contractor will make available up to 1,400 tons of compost or mulch for City to purchase annually to help City meet its procurement requirements. Contractor also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.
31 5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under SB1383, pursuant to 14 CCR Section 1898411, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.

Contractor shall provide City with required generator information on services and activity that is needed as part of the waiver application. Contractor may also assist generators with waiver applications or submit on their behalf.

6. Edible Food Recovery
Contractor shall provide City with necessary data and reporting to determine tier 1 and tier 2 commercial edible food generators within the City.

At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
• Information about the City’s Edible Food Recovery program; • Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
• Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

7. Reporting
Contractor will provide the data or prepare reports required to meet SB1383 requirements which includes:
• The number of generators that receive organic waste collection service • The number of route reviews conducted for prohibited container contaminants • The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants. • The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews • The number of commercial edible food generators located within the jurisdiction 32 EXHIBIT “C” - DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

A. AB 939. "AB 939" means the California Integrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with Section 40000 thereof, as it may be amended from time to time.

B. AB 1826. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time
C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as “white goods”); discarded stereos, televisions, computers, VCR’s, and other similar items (commonly known as “Electronic-Waste”); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth.

Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, Bulky Waste does not include waste tires.

D. CHANGE IN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Franchise Agreement, of any duty or burden imposed upon the Grantee in the performance of the Solid Waste Handling services required of it under the Franchise Agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in its Franchise Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.

E. CHANGE IN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (6) of this Agreement.

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Grantee being different than such ownership as of the date of the approval by the City 33 of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Grantee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

G. CHANGE IN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (5) of this Agreement.

H. COMMERCIAL EDIBLE FOOD GENERATORS. “Commercial Edible Food Generator” means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR Section 18982.

I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index, All Items, Not Seasonally Adjusted, San Francisco-Oakland-Hayward, California, as published by the U. S. Department of Labor, Bureau of Labor Statistics, Series Id. CUURS49BSA0, Base Date 1982-84=100, or the most similar successor index if this index is no longer published.

J. CITY. "City" means the City of Chowchilla, State of California.

K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.

L. CUSTOMER. “Customer” means any Person receiving Solid Waste Handling services pursuant to this Agreement.

M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY: “Designated Source Separated Organic Waste Facility” means a facility identified by Contractor that meets the definition of 14 CCR Section 18982(a)(33). 34 N. DROP BOX. “Drop Box” means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.

O. EFFECTIVE DATE. “Effective Date” means July 1, 2021.

P. ELECTRONIC WASTE. “Electronic Waste” for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.

Q. EXCLUDED WASTE. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

R. FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit “D,” which provides the Fees to be paid to Grantee by City in consideration of the Solid Waste Handling services provided by Grantee hereunder. The Fees in Exhibit D include a Franchise Fee. Rates charged Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs. The initial Franchise Fee shall be 24.0%. Effective July 1, 2023, the Franchise Fee shall be 22.0%. Effective July 1, 2024 and thereafter, the Franchise Fee shall be 20.0%.

S. FOOD SCRAPS. “Food Scraps” means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.

T. FRANCHISE AGREEMENT. "Franchise Agreement" means the Agreement entered into between the City and the Grantee which authorizes/requires the Grantee to provide Solid Waste Handling services in a specified Franchise Area.

U. FRANCHISE FEE. “Franchise Fee” means a defined portion of revenue from rates retained by City as compensation to City for the exclusive right assigned to Grantee to provide Solid Waste Handling services within the Franchise area.

V. GRANTEE. "Grantee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.
35 W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.

X. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Grantee for providing the Solid Waste Handling services specified in its Franchise Agreement. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Grantee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

Y. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, Section 66261.3. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with Section 28740.1, Division 21 of the California Health and Safety Code).

Z. CITY ADMINISTRATOR. “City Administrator” means the City Administrator of the City of Chowchilla, or designee of City Administrator. The term “Manager” or “City Manager” shall also refer to the City Administrator.

AA.MATERIALS RECOVERY FACILITY. “Materials recovery facility” or “MRF” is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.

BB.MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.

CC. ORGANIC MATERIAL. “Organic Material” means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.

DD. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.

EE. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.
36 FF. PROHIBITED CONTAINER CONTAMINANTS. “Prohibited Container Contaminants” means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City’s Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.

GG. RATES. “Rate” or “Rates” means rates charged by City of Chowchilla or by Grantee, as applicable, to Customers for Solid Waste Handling Services provided.

HH. RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.

II. RESIDUAL SOLID WASTE. “Residual Solid Waste” means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.

JJ. SB 1383. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

KK. SECURITY. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9–F.

LL. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste.
(1) "Solid Waste" does not include Hazardous Waste and does not include low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the California Health and Safety Code).
37 (3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility. (4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.

MM. SOLID WASTE FACILITY. "Solid Waste Facility” means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.

NN. SOLID WASTE FACILITY FEE. “Solid Waste Facility Fee” means the fee charged for use of a Solid Waste Facility.

OO. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.

PP. SPECIAL WASTES. “Special Wastes” means all the items and materials which are designated as such in a Franchise Agreement.

QQ. TRANSFORMATION. “Transformation” as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
38 EXHIBIT “D” - FEES

CITY OF CHOWCHILLA
MONTHLY CONTRACTOR FEES July 1, 2021 July 1, 2022
Monthly
Rate
Monthly
Rate

RESIDENTIAL
3 Cart Service

31.69 32.64
Extra 96G Cart

17.64 18.17
Locking Lid (each)

22.80 23.48

COMMERCIAL TRASH
1 yard 1x per week

61.89 63.75
1 yard 2x per week

123.72

127.43
1 yard 3x per week

189.39

195.07
1 yard 4x per week

246.22

253.61
1 yard 5x per week

306.45

315.64
2 yard 1x per week

99.94 102.94
2 yard 2x per week

192.46

198.23
2 yard 3x per week

282.65

291.13
2 yard 4x per week

380.19

391.60
2 yard 5x per week

478.88

493.25
3 yard 1x per week

127.95

131.79
3 yard 2x per week

252.18

259.75
3 yard 3x per week

359.83

370.62
3 yard 4x per week

484.91

499.46
3 yard 5x per week

609.86

628.16
4 yard 1x per week

155.95

160.63
39 4 yard 2x per week

308.25

317.50
4 yard 3x per week

439.87

453.07
4 yard 4x per week

593.33

611.13
4 yard 5x per week

744.48

766.81
6 yard 1x per week

206.82

213.02
6 yard 2x per week

388.45

400.10
6 yard 3x per week

552.43

569.00
6 yard 4x per week

738.38

760.53
6 yard 5x per week

922.05

949.71

COMMERCIAL RECYCLE
96G 1x per week

11.65 12.00
96G 2x per week

20.97 21.60
96G 3x per week

30.30 31.21
2 yard 1x per week

36.12 37.20
2 yard 2x per week

65.02 66.97
2 yard 3x per week

93.93 96.75
3 yard 1x per week

46.03 47.41
3 yard 2x per week

82.85 85.34
3 yard 3x per week

119.68

123.27
4 yard 1x per week

57.10 58.81
4 yard 2x per week

102.77

105.85
4 yard 3x per week

148.45

152.90
6 yard 1x per week

78.66 81.02
6 yard 2x per week

141.58

145.83
40 6 yard 3x per week

204.51

210.65

COMMERCIAL ORGANICS
96G 1x per week

17.48 18.00
96G 2x per week

25.64 26.41
96G 3x per week

33.79 34.80
2 yard 1x per week

61.41 63.25
2 yard 2x per week

110.54

113.86
2 yard 3x per week

159.67

164.46

ROLL OFF (DROP BOX) SERVICE
20 YARD CONTAINER
Delivery

28.17 38.20
Service Charge Per Load

177.25

240.20
Rent (per day)

11.27 15.30
30 YARD CONTAINER
Delivery

39.44 53.50
Service Charge Per Load

206.71

280.30
Rent (per day)

11.27 15.30
40 YARD CONTAINER
Delivery

50.71 68.70
Service Charge Per Load

248.15

336.30
Rent (per day)

11.27 15.30

COMPACTOR SERVICE
Service Charge Per Load

475.00

625.00
41 Per Ton Disposal Charges Billed by Contractor
3-Yard Rent-A-Bin Service
Delivery and Removal

140.85

190.90
Additional Service

56.34 76.40

BULY ITEM PICK-UP

39.45 53.50
MISCELANEOUS FEES (monthly)

ENCLOSURE ACCESS

12.11 12.47

LOCKING LID FEE

22.80 23.48

PUSH/PULL CHARGE

25.36 26.12
EXTRA PICK UP - PER CU.

YARD
MSW

25.75 26.52
REC

14.37 14.80
ORG

20.73 21.35
City of Chowchilla
Revenue Analysis for Solid Waste
With New Franchise Fee
Beginning July 1, 2022
24% 22% 20%
FY 22/23 FY 23/24 FY 24/25
Roll Offs 518,750 518,750 518,750
103% 103% 103%
Revenues
Charges for Servcies 2,007,300 Franchise Fee 620,705 582,625 542,436 Intergovernmental 5,000 31,000 5,000 5,000
Other Revenues 130 130 130 130
Total 2,012,430 651,835 587,755 547,566
Expenditures
Operations and Maintenance
Purchase of Mulch/Composte 50,000 50,000 50,000
Bad debt 2,500 2,575 2,652 2,732
Contract Services 18,800 19,364 19,945 20,543
Locking Lid Fee 9,116 9,389 9,671 9,961
CWD Property Tax 1,026 1,057 1,088 1,121
Disposal Fee 1,304,186 - - -
1,335,628 82,385 83,357 84,358
Overhead Allocations
General Fund 218,848 225,413 232,176 239,141
Streets and Roads 242,852 250,138 257,642 265,371
461,700 475,551 489,818 504,512
Capital Outlay 5,000 5,000 5,000 5,000
Total 1,802,328 562,936 578,174 593,870
Surplus/(Deficit) 210,102 88,898 9,580 (46,303)
Fund Balance 231,279 320,177 329,758 283,454
Prop 218 Projected Fund Balance 282,100 401,100 482,400 522,400 Target (20% of O&M) 361,800 391,700 411,600 432,700
Target Met from 218 N Y Y Y
Target Met with Franchise Fee N N N N
As part of the City's 2020 Rate Study, the City increased funding for its solid waste operating reserve fund to set aside fun FY 2021/2022 Budget Proposed Franchise Fee Method

REPORT TO THE CITY COUNCIL
Item 6.2

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TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: New Business
SUBJECT: Approval of a Resolution of the City Council of the City of Chowchilla Rejecting a Proposal for On-Call City Engineering Services APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Staff is requesting that City Council approve a resolution rejecting a proposal for On-Call City Engineering Services.

BACKGROUND:

Since 2015, the City of Chowchilla has contracted with an outside consultant for all of its Engineering Department services. These services included delivery of capital projects, development of design plans and specifications; project and construction management; construction inspection; and plan checks. The current consultant contract with Yamabe and Horn will expire on May 31, 2022.

REASON FOR RECOMMENDATION:

The City opened bids for On-Call City Engineering Services on April 18, 2022. The City received one (1) bid from Achievement Engineering Corp..; however, after review, City staff determined that the bid submitted failed to comply with the following bid requirements set forth in the ITB:

1. Proposal submitted was only for Geotechnical Engineering – Special Inspection Services

2. Proposal failed to include the entire list of the RFQ’s Scope of Work. (see RFQ CC-6, section “Scope of Work”.)
As a result of the above, Achievement Engineering Corp.’s failure to comply with bid requirements makes the Bid received non-responsive. Pursuant to Public Contracts Code section 22038, the City must award the project to the lowest responsible bidder submitting a responsive bid or reject all bids received.

Accordingly, City Staff recommends City Council reject the Bid on the above-mentioned basis.

FISCAL IMPACT:

There is no fiscal impact rejecting the bid as the City will not enter into a contract with the engineering firm to perform the required engineering services.

ALTERNATIVES:

None proposed.

ACTIONS FOLLOWING APPROVAL:

Per Public Contract Code section 20166, since no responsive bids were received to which the City can award the contract: the legislative body may negotiate with another firm without having to use the specific bid procedures as listed in the Public Contract Code.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA REJECTING A PROPOSAL FOR On-Call City ENGINEERING SERVICES WHEREAS, on March 17, 2022 the City released a Request for Qualifications (RFQ) seeking firms or individuals to provide on-call civil engineering services; and WHEREAS, on April 18, 2022, the City received one Statement of Qualification in response to the RFQ, which submission was then reviewed and rated according to their project understanding and approach and qualifications; and
WHEREAS, the Public Contract Code section 22038 requires the City award a contract to the lowest responsible bidder submitting a responsive bid or reject all bids received; and WHEREAS, staff discovered abnormalities in the bid submitted by the sole proposer; and WHEREAS, staff recommends that the City Council reject all proposals received on April 18, 2022 for the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. All proposals received on April 18, 2022 for On-Call City Engineering Services are rejected.

3. This resolution takes effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of May, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.3

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TO RETURN TO

THE AGENDA
Meeting of: May 10, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Approving Two Agreements with QK for On Call City Engineering Services and Authorizing the City Administrator to Execute the Agreements on Behalf of the City.

APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, Agreements

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Staff recommends that the City Council execute the attached agreements for On Call Engineering Services with QK and authorize the City Administrator to execute all documents on behalf of City Council.

BACKGROUND:

Because of issues related to compliance with federal and state requirements, the contracted work needs to be segregated into two contracts. The first contract would cover projects that use federal and state funds. The second contract would cover projects that use local funding.

REASON FOR RECOMMENDATION:

The RFQs for On-Call Engineering Services for State and Federally funded projects and On-Call City Engineering Services were released on March 17, 2022, and the solicitation has been conducted in accordance with State and Federal regulations for Architectural and Engineering Services. These regulations require that proposers must be ranked based on qualifications only. Once the most qualified firm is identified, then negotiations on costs commence. If an agreement cannot be reached with the highest ranked firm, then negotiations commence with the second ranked firm. This process continues until an agreement can be reached with a proposer.

On April 18, 2022, the City received proposals from one firm: QK The proposal was reviewed by the City Administrator, the Director of Public Works, and the Director of Economic and Community Development.

All reviewers ranked QK as a qualified proposer. Accordingly, negotiations with QK were initiated, and staff believes that acceptable terms have been negotiated and recommends that the City Council approve the award of both contracts to QK
The scope of work identified in the RFQ includes, but is not limited to, the following:

City Engineering Duties:

• Prepare reports, investigations, studies and evaluations as, from time to time, may be required and directed by the City
• Consulting services to the City Council, Commissions, and Staff • Represent City on Boards and Advisory Groups
• Represent City to applicants and developers of constructions projects • Technical resource for grant and loan applications, and Utility Master Plans • Prepare all documents necessary to obtain "Authority to Use Grant Funds" • Technical resource for Capital Improvement projects including State and Federally funded projects and related assignments
Project-Specific Duties:

• Traffic engineering services, including preparation of traffic warrant studies, review of traffic impact studies, and recommendation of traffic control measures • Review of plans, specifications, estimates and bid documents for a variety of public work projects. provide bid assistance and construction support throughout project construction, and assist with project closeout activities as needed to comply with applicable reporting requirements related to State or Federal funding sources
• Inspections services for a variety of private development and capital improvement projects to ensure compliance with approved plans, specifications, City standards, and other applicable local, State, and federal requirements
• Research
• Check subdivision and parcel maps for compliance with California State Subdivision Map Act requirements. Stamp and sign subdivision maps, parcel maps, lot line adjustments, and other documents as necessary, as City surveyor
• Determine locations of property lines, boundaries, easements and rights-of-way • Construction surveys for Capital Improvement Projects • Establish and adjust benchmarks
• Establish and document street center lines
• Traditional topographic surveys and aerial topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features • Perform research and survey work related to property divisions and mergers • Perform research and survey work related to public and private land ownership, public and private easements, public improvements, construction, and historic information • Perform all survey-related, and some engineering-related, computations and drawings using traditional methods and/or using computer methods currently available within the City • Prepare and interpret deeds and descriptions
• Develop legal descriptions and plot maps
• Other engineering and survey-related tasks as necessary The following provisions are included in the contract:
• The base term for both contracts is for a three-year period with the ability to extend an additional two years. Federally funded on-call contracts are not permitted to go beyond a five-year period, so the term of both contracts has been made the same.
• QK will be the City’s single prime contractor responsible for all engineering related work. • All work will be executed through the task order process and will be approved by the Public Works Director.
• The Public Works Director will have approval authority over hourly rate adjustments over the life of the contract.
• The contract will have provisions to allow other consultants to perform work under separate contracts for the City without penalty (QK will not have exclusive rights to the work).

On-call consultants enable the City to increase project delivery capacity and execute projects in a timely and cost-effective manner. QK was deemed the most qualified applicant for the on-call engineering. Staff recommends that Council adopt the resolution authorizing the City Administrator to execute both professional service contracts (one for State and Federal funded work and the other one for all other locally funded projects).

FISCAL IMPACT:

All work to be performed under the proposed contract is programmed and appropriated in the current fiscal year budget. Since this will be a multiyear contract, future work will be included in future budgets. No work will be performed in excess of budgeted authority. Staff anticipates that engineering expenses on State and Federally-funded projects are reimbursable expenses.

ALTERNATIVES:

Not to approve the contract with QK, thereby leaving the City without engineering services.

ACTIONS FOLLOWING APPROVAL:

QK will assume City Engineer services effective June 1, 2022 and will begin working with Yamabe & Horn to begin the transition process between the two firms.

COUNCIL RESOLUTION # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING TWO AGREEMENTS WITH QK ENGINEERING, INC. FOR ON CALL CITY

ENGINEERING SERVICES AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE

AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, on March 17, 2022 the City released a Request for Qualifications (RFQ) seeking firms or individuals to provide on-call civil engineering services; and WHEREAS, on April 18, 2022, the City received one Statement of Qualification in response to the RFQ, which submission was then reviewed and rated according to their project understanding and approach and qualifications; and
WHEREAS, the submission from QK was found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is currently available in the FY 2022 budget and the remainder will be appropriated in FY 2023 budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. The Agreements between the City and QK, copies of which are on file with the City Clerk and referred to for particulars, is approved as submitted.

3. The City Administrator, or designee, is authorized to execute the agreements on behalf of the City.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of May, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor John Chavez
ATTEST:

Joann McClendon, CMC
City Clerk

Page 1 of 26 ends

CITY OF CHOWCHILLA

ON-CALL ENGINEERING SERVICES AGREEMENT

FOR STATE AND FEDERALLY FUNDED PROJECTS
This On-Call Engineering Services Agreement ("Agreement") is entered into between the City of Chowchilla, a California general law city ("City") and QK ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on June 1, 2022 ("Effective Date"), following approval by the City Council.

RECITALS
A. City desires to obtain on-call engineering services ("Services") more fully described in Exhibit B, which is incorporated herein by reference.

B. Consultant is engaged in the business of performing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. Consultant submitted a proposal for the Services, included herein as Exhibit C, as well as all required forms, bonds, certificates, and other documents (“Consultant’s Proposal”), that was approved by City for award of contract for the Services and is incorporated herein by reference.

D. City desires to award Consultant a non-exclusive contract for the Services, and Consultant desires to perform the Services as requested by City on a non-exclusive, as-needed basis, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Work. Consultant shall perform the Services described in the Recitals and detailed in Exhibit B on specific projects (“Work”) when requested by City in its sole discretion. This Agreement and performance of the Services and any Work hereunder are non-exclusive and City reserves the right to employ other consultants in connection with the Services and any Work while this Agreement is in effect.

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A. Task Orders. When City requests Consultant to perform any Work, City shall issue a written task order or other similar instrument (“Task Order”), as described in Exhibit B. The standard Task Order form is attached hereto as Exhibit A. Consultant shall perform the Work in strict compliance with the Task Order, which shall include a detailed scope, schedule, and any deliverables for the Work. Consultant shall furnish all labor, equipment and materials, including tools, implements, and appliances required, and perform all the Work in a good and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers.

B. Changes in the Work. Changes in this Agreement or in the Work to be done under a particular Task Order shall be made in writing. City reserves the right to change the Work as may be deemed by City to be necessary or advisable for the proper completion of the Work or construction of City projects, and the City reserves the right to require Consultant to perform such work. Changes in the Work, including the scope and/or deliverables produced, shall be made in writing and particularly describe the changes, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement, a Task Order, and/or Exhibit B conflict, the order of priority shall be the Task Order, this Agreement, and Exhibit B. No contractual terms and/or conditions found in Exhibit C shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services or Work performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on July 1, 2022 and Consultant shall be available to perform the Services beginning on that date. This Agreement shall continue for a period not exceeding three (3) years and terminate on June 30, 2025 (“Termination Date”), unless extended by mutual agreement of City and Consultant for not more than two (2) additional one-year terms. This Agreement may be terminated prior to the Termination Date pursuant to Section 23 herein.

Consultant shall perform the Work according to the schedule set forth in the applicable Task Order, if applicable. If no schedule is set forth in the Task Order, City and Consultant shall mutually agree on a schedule for performance of the Work and a date of completion. The schedule shall be subject to modification based on the City’s operational needs. City will notify Consultant in advance of any modification to the schedule.

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4. Payment for Work. Total amount payable to the Consultant shall not exceed Two Million dollars ($2,000,000). City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit C and for the amount(s) as agreed upon by the City and Consultant in each Task Order.

City shall pay Consultant for Work satisfactorily performed pursuant to this Agreement, inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Consultant shall submit monthly invoices to City containing detailed information regarding the Work performed by Consultant. City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services and the Work as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which the Services and the Work is being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services and Work under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services and Work required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services and the Work, and shall comply with all applicable laws, regulations, and industry standards. Consultant shall comply with all Labor Code requirements for public works projects applicable to Consultant’s work under this Agreement.

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement or a particular Task Order, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld.

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8. Subcontractor Provisions. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement; and (d) require the payment of prevailing wages in accordance with State and Federal law, if applicable.

9. [Reserved]

10. Licensing. Consultant shall maintain the licenses and certifications specified in Exhibit B throughout the performance of this Agreement. Consultant shall also obtain and maintain a City of Chowchilla Business License prior to commencing performance of the Services and Work.

11. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 23 of this Agreement, if any Work performed hereunder is not in conformity with the requirements of this Agreement, a Task Order, and other pertinent documents, City shall have the right to require Consultant to correct the Work in conformity with the requirements of this Agreement and the applicable Task Order at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Task Order. Remedy for noncompliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement. In the event Consultant fails to correct the Work or fails to take necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

12. Delay Damages. Time is of the essence with respect to this Agreement and the Work performed by Consultant under each Task Order. Consultant’s failure to timely complete the Work may result in the assessment of delay damages, if Delay Damages are expressed in a particular Task Order. The actual occurrence of damages and the actual amount of the damages which City would suffer for such delayed completion of a Task Order are impracticable and extremely difficult to calculate. Damages which City would suffer in the event of such delay include, but are not limited to, loss of the use of the other contractor’s work and the project, disruption of activities, costs of administration and supervision, and the incalculable inconvenience and loss suffered by the public. Accordingly, the parties agree that the amount set forth in the applicable Task Order shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the project is delayed.

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13. [Reserved]

14. [Reserved]

The Consultant and any subcontractor under the Consultant as a penalty to the City shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Consultant. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.

16. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

17. Record Keeping; Reports. Consultant shall keep complete records showing the Work performed.

Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all plans, drawings, specifications, and/or reports upon reasonable request by City and of all final plans, drawings, specifications, and/or reports prepared by Consultant under this Agreement.

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Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

19. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Work performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Work, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

20. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s Work under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

21. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Work or the Project which would affect Consultant’s or its employees’ performance of the Work and the completion of the Task Order. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Work. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Work under this Agreement. During the performance of the Work, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

22. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

23. Termination of Agreement. This Agreement shall terminate upon the Termination Date, or earlier pursuant to the following.

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a. Termination by City: For Convenience. City may, at any time, terminate this Agreement or any Task Order for convenience and without cause. The notice from City shall specify whether it is City’s intent to terminate the Agreement as a whole or an individual Task Order. Upon receipt of written notice from City of such termination, the Consultant shall (1) cease operations as directed by the City in the notice; (2) take actions necessary, or that the City may direct, for the protection and preservation of the Work; and (3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure to cure within that time period or commence reasonable steps to cure the breach. Consultant’s failure to perform the Work as required by this Agreement or failure to correct non-conforming Work shall constitute a material breach of this Agreement.
c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Work satisfactorily performed prior to notice of termination. As to any Task Order partially performed but for which the applicable portion of Consultant’s compensation has not become due, Consultant shall be paid the reasonable value of the Work performed. However, in no event shall such payment when added to any other payment due under the applicable part of the Task Order exceed the total compensation of such part as specified in Section 4 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement or a particular Task Order, Consultant shall: (i) promptly discontinue all Work affected, unless the notice directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement or the affected Task Order, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

24. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit D.

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relating to the performance of Work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's negligence or willful misconduct. Consultant’s duty to defend obligation shall be limited to Consultant’s proportionate percentage of fault, as described in Civil Code Section 2782.8. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

26. [Reserved]

27. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Work under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.

28. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

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c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

30. Entire Agreement. This Agreement, including the applicable Task Orders, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

31. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

32. [Reserved]

33. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

Consultant shall perform the Work required under this Agreement in the County of Madera, California.

Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Madera County.

35. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

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36. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

37. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

38. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation.

If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

A protected class includes but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

40. State and Federally Funded Projects. Consultant shall comply with all requirements, including state and federal statutes and regulations, that apply to state and federally funded projects, as the case may be, and satisfy all obligations thereunder. Consultant agrees to the provisions set forth in Exhibits E & F, and shall comply with any and all requirements therein.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

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CONSULTANT CITY OF CHOWCHILLA
By: __________________________ By: ______________________________ Rod Pruett, City Administrator
Date: __________________ Date: ______________________
Party Identification and Contact Information:
[Consultant] City of Chowchilla
Company Name Department Name
Attn: Name Attn: Name
Title Title
Address 130 S. Second Street
City, State Chowchilla, CA 93610
_________________ [E-Mail Address] _________________ [E-Mail Address] _________________ [Phone Number] _________________ [Phone Number] ATTEST
_______________________________
Joann McClendon, City Clerk

APPROVED AS TO FORM
_______________________________
Mary Lerner, City Attorney

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EXHIBIT A

TASK ORDER FORM

TASK ORDER
Pursuant to that Master Services Agreement dated ______________________________, between City and
_____________________________________ (“Consultant”).

Work Start Date _____________________
Estimated Completion Date _____________________
Description of Project: _________________________________________________________ _____________________________________________________________________________________ Description of work to be performed by Consultant(Please print clearly or type): __________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (If more space is needed, use back of form.)

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COMPENSATION
City shall pay Consultant for all Work provided under this Task Order shall include all labor, equipment, materials, costs and expenses, taxes, and overhead, to be paid for Work satisfactorily performed.

Total compensation, including expense reimbursement, shall not exceed:

CONTRACT TOTAL: $__________________

SCHEDULE
[If not included in the description above, include a detailed description of the schedule for Work here, including start date, completion/delivery date, timeline, and any benchmark dates. This part may be deleted if a schedule or deadlines are part of the description, above.] DELAY DAMAGES [This should be used when a Task Order must be completed by a specific date. Specify a dollar amount for delay damages. This amount should be reasonable and related to the costs/inconvenience City will experience due to the delay. Delete this section if not used.] Time is of the essence with respect to this Task Order and the Work to be performed by Consultant.

Consultant’s failure to timely perform the Work under this Task Order or failure to meet the benchmarks and delivery dates set forth in the schedule shall result in the assessment of delay damages at the rate of $_______ per day for each calendar day beyond the respective benchmark and delivery dates that the Work remain incomplete or not fully performed. The actual occurrence of damages and the actual amount of the damages which City would suffer for such delayed completion of the Work are impracticable and extremely difficult to calculate. Damages which City would suffer in the event of such delay include, but are not limited to, loss of the use of other contractor’s work, disruption of activities, costs of administration and supervision, and the incalculable inconvenience and loss suffered by the public. Accordingly, the parties agree that the amount set forth herein shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the Services is delayed.

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THIS TASK ORDER IS ISSUED, ACCEPTED AND ACKNOWLEDGED on this ____ day of _____________, 20___, by:
“City” “Consultant”
By: ________________________________ By: ___________________________________ Print Name: _________________________ Print Name: ____________________________ Title: ______________________________ Title: __________________________________ Phone Number: ______________________ Phone Number: __________________________ Please sign and return to City by fax or email to: ____________________________

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EXHIBIT B

REQUEST FOR QUALIFICATIONS

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EXHIBIT C
CONSULTANT’S PROPOSAL

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EXHIBIT D

INSURANCE REQUIREMENTS
Prior to commencement of the Work, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit D. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Work pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Work under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.
a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim, $2,000,000 aggregate. Said insurance shall be maintained at all times during Consultant's performance of Services under this Agreement, and for a period of five years following completion of Consultant's Services under this Agreement or termination of this Agreement. (ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

(iii) Worker's Compensation Insurance as required by the State of California. (iv) Business Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or

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Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to the insurance coverage required by this Agreement. Said additional insureds shall be identified as such on an endorsement(s) to the Consultant’s insurance. (ii) For any claims related to the Work performed pursuant to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

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Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

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EXHIBIT E

REQUIREMENTS FOR STATE AND FEDERALLY FUNDED

PROJECTS
I. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. Consultant agrees that the Agreement Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City.

II. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Government Code 8546.7; the Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. The City, Caltrans Auditor, Federal Highway Administration (FHWA), or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, subconsultants, and the Consultant’s Independent CPA that are pertinent to the Agreement for audits, examinations, workpaper reviews, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

III. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

IV. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. Consultant certifies to the best of his or her knowledge and belief that:

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1. No state, federal or local agency appropriated funds have been paid, or will be paid byor-on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal Agreement; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal Agreement, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal Agreement, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

V. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Gov. Code §12990 and 2CCR §8103.

B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age ,sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 et seq.) the applicable regulations promulgated there under (2 CCR §11000 et seq) the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing

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Commission implementing Gov. Code §12990 (a-f), set forth in 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The Consultant shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 – Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5 including employment practices and the selection and retention of subconsultants.

I. The Consultant agrees and shall comply with the requirements of Appendix E of Title VI Assurances, which is attached hereto as Exhibit E and incorporated by this reference.

VI. DEBARMENT AND SUSPENSION CERTIFICATION
A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Page 23 of 26 ends

B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

VII. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0% Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-01: Consultant Proposal DBE Commitment, or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Caltrans Form Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. The City, Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible

Page 24 of 26 ends

E. A DBE firm may be terminated only with prior written approval from City and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR §26.53(f). If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the City’s Contract Administrator.

G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime Consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Caltrans Form Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier subconsultants, certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Contract Administrator with the final invoice.

Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier subconsultants” is submitted to the Contract Administrator.

Page 25 of 26 ends

L. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Administrator within thirty (30) calendar days.

M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

Page 26 of 26 ends

EXHIBIT E
Appendix E of Title VI Assurances
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

CITY OF CHOWCHILLA

ON-CALL ENGINEERING SERVICES AGREEMENT
This On-Call Engineering Services Agreement ("Agreement") is entered into between the City of Chowchilla, a California general law city ("City") and ___________________ ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on ______________ ("Effective Date"), following approval by the City Council.

RECITALS
A. City desires to obtain on-call engineering services ("Services") more fully described in Exhibit B, which is incorporated herein by reference.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

4. Payment for Work. Total amount payable to the Consultant shall not exceed Five Hundred Thousand dollars ($500,000) per year. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit C and for the amount(s) as agreed upon by the City and Consultant in each Task Order.

Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services and the Work, and shall comply with all applicable laws, regulations, and industry standards.

Consultant shall comply with all Labor Code requirements for public works projects applicable to Consultant’s work under this Agreement.

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement or a particular Task Order, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors preapproved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld.

9. [Reserved]

12. [Reserved]

13. [Reserved]

14. [Reserved]

15. Prevailing Wages; Apprenticeship. When the Work performed under a particular Task Order constitutes a “public work,” the Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. The Consultant and any subcontractor under the Consultant as a penalty to the City shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Consultant. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.

17. Record Keeping; Reports. Consultant shall keep complete records showing the Work performed.

18. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Work, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

23. Termination of Agreement. This Agreement shall terminate upon the Termination Date, or earlier pursuant to the following.

24. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit D.

25. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant or its subcontractors relating to the performance of Work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole or active negligence or willful misconduct. Consultant’s duty to defend obligation shall be limited to Consultant’s proportionate percentage of fault, as described in Civil Code Section 2782.8. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

26. [Reserved]

29. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

31. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

32. [Reserved]

34. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Work required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

36. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

39. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the performance of the Work or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

APPROVED AS TO FORM
_______________________________
Mary Lerner, City Attorney
J:\wdocs\03326\001\AGT\00912194.DOC

EXHIBIT A

TASK ORDER FORM

TASK ORDER
Pursuant to that Master Services Agreement dated ______________________________, between City and
_____________________________________ (“Consultant”).

Work Start Date _____________________
Estimated Completion Date _____________________
Description of Project: _________________________________________________________ _____________________________________________________________________________________ __
Description of work to be performed by Consultant(Please print clearly or type):
__________________
_____________________________________________________________________________________ __
_____________________________________________________________________________________ __
_____________________________________________________________________________________ __
(If more space is needed, use back of form.)

Total compensation, including expense reimbursement, shall not exceed:

CONTRACT TOTAL: $__________________

Specify a dollar amount for delay damages. This amount should be reasonable and related to the costs/inconvenience City will experience due to the delay. Delete this section if not used.] Time is of the essence with respect to this Task Order and the Work to be performed by Consultant.

Accordingly, the parties agree that the amount set forth herein shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the Services is delayed.

EXHIBIT B

REQUEST FOR QUALIFICATIONS

EXHIBIT C
CONSULTANT’S PROPOSAL

EXHIBIT D

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Chowchilla. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Work under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

April 28, 2022
Jason Rogers
Director of Public Works
City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
Subject: Proposal for Contract City Engineering & Surveying Services Dear Mr. Rogers:

Thank you for meeting with me, Jeff Cowart, and Annalisa Perea last week to discuss how QK may assist the City of Chowchilla with extended professional services. The discussion considered the City’s needs as well as detailing a method and delivery plan to provide engineering, land survey, and other professional services. Below is the Background and Project Understanding, Approach/ Scope of Services, Schedule, Fee Estimate, Exclusions and Assumptions and Authorization of Services:

BACKGROUND AND PROJECT UNDERSTANDING
The City of Chowchilla and QK would like to enter into a contract for Engineering services to include the designated services of a City Engineer and City Surveyor.

Pursuant to Sections 6730.2 and 872.5 of the California Business and Professions Code, QK will submit documentation to the State of California to function as the designated City Engineer and City Surveyor serving under contract to Chowchilla and acting as an extension of your staff. This designated role will be to provide general engineering services, including items such as Capital Improvement Project coordination with the Public Works (PW) Director and City staff, assist with issuance of encroachment permits, development review for proposed commercial and residential development plans, and to function as a consultant to the City in general engineering or development matters. The City may utilize the QK team of professionals to perform design and/or monitor the construction of municipal projects, including roadway/street, water, storm drain, sewer, parks, GIS services, and other improvements within City right-of-way under individual Task Order authorizations.

APPROACH/SCOPE OF SERVICES
TASK 1.0 GENERAL CONTRACT CITY ENGINEERING & SURVEYING SERVICES Serving as an extension to City staff, QK will provide general contract City Engineering and Survey services to the City including, but not limited to, the following:
 Respond to inquiries from City staff in a timely manner. o As discussed, City will take the lead on incoming questions, and QK will provide a process including tracking and regular reporting on status and action items.  Provide consulting and professional services including project planning, design, engineering, land surveying, landscape architecture, construction management, and CAD drafting services. .

Jason Rogers, City of Chowchilla Page 2 of 4
April 28, 2022
 Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion.  Provide field surveys as requested.
 Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Chowchilla Municipal Code.  Review Subdivision Improvement Plans for compliance with the City of Chowchilla Improvement Standards.  Review developers’ site and utility plans.
 Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.  Provide maps and mapping services as requested.
 Prepare and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.  Update and maintain City Improvement Standards and Specifications.  Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research, and evaluation of same.
 Assist with presentations and/or recommendations to City staff administration, or City Council.  Provide Third-party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
 Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act.  Provide Environmental Services and Regulatory Agency Interactions.  Provide Grant Assistance.
 Provide other engineering and design services as requested.  Landscape Plan Review.
 Encroachment Permits.
 Construction Management.

It is assumed the City will rely on its own in-house staff to complete general daily coordination tasks. The City PW Director will be the primary presenter/ attendee representing City Engineer at regular City Council Meetings.

Attendance at City Council will be as necessary to address project specific items or by advance request of PW Director for other general engineering items.

In addition to the services above, QK’s contract City Engineer and City Surveyor will be responsible for, but not limited to, the following:
 Provide deliverables are clearly defined, and those criteria are (SMART) specific, measurable, attainable, realistic and time bound.
 Supervising, reviewing, monitoring, training, and directing QK’s and subconsultants’ personnel.  Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
 Administering personnel actions for consultant personnel and ensuring appropriate actions taken for subconsultant personnel
 Maintaining and submitting organized project files for record tracking and auditing.  Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.
 Implementing and maintaining quality control procedures  Follow established safety plans.
 Reviewing and providing invoices in a timely manner and providing monthly Contract expenditures.  Managing Subconsultants.
 Managing overall budget for Contract and provide report to the City Contract Administrator.  Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.

Jason Rogers, City of Chowchilla Page 3 of 4
April 28, 2022
All work performed under this Task will be completed under a separate Task Order for general, non-project specific engineering and surveying services. Services under this task will be broken out into various PW operations and funding categories (e.g., water, sewer, street, general fund, etc.) to aid the City in allocating appropriations and expenses.

Deliverables:
 As agreed upon by the City and QK in a general Task Order.

TASK 2.0 ON-CALL SERVICES FOR LOCALLY FUNDED OR SPECIAL PROJECTS All work performed for locally funded projects will also be issued through a Task Order. Task Orders will be prepared to identify and refine the scope of services and detail the tasks required for each particular project, schedule, and projected cost. Project costs will be prepared using QK’s current charge rate schedule, which will be updated annually.

The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed will be described in each Task Order.

Potential construction/design projects may vary in scope and size, and may encompass any type of capital improvements including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, construction of new facilities including water, sewer, and storm drain components.

Deliverables:
 As agreed upon by the City and QK in a Task Order for each project.

SCHEDULE
An agreed upon project schedule by the City and QK will be prepared and included in the Task Order for each project.

FEE ESTIMATE
Work completed for the City for non-State and Federally funded projects will be completed on an individual Task Order basis and billed per QK’s current charge rate schedule, which will be updated annually.

Task Description Fee Type Fee Amount

1.0 General Contract City Engineering & Surveying Services T&M $60,000.00

2.0 On-Call Services for Locally Funded or Special Projects TBD TBD Total Fee $60,000.00
Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed per our attached Charge Rate Schedule.

2. All fees will be invoiced monthly based on the level of effort in terms of hours compared to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

4. Fees for field surveying activities are subject to the payment of Prevailing Wages for Madera County.

EXCLUSIONS AND ASSUMPTIONS
 The City will rely on its own City staff to complete general daily coordination tasks.  Work completed for the City for State and Federally funded projects will be completed on an individual Task Order basis and billed per the LAPM 10-H forms provided in QK’s Statement of Qualifications for On-Call Services for State & Federally Funded Projects dated April 18, 2022.

Jason Rogers, City of Chowchilla Page 4 of 4
April 28, 2022
 Work completed for the City for non-State and Federally funded projects will be completed on an individual Task Order basis and billed per QK’s current charge rate schedule, which will be updated annually.

AUTHORIZATION OF SERVICES
In order to authorize services described herein, please send us your City Contract for review and contract execution.

Thank you for the opportunity to propose on this project. If you have any questions or would like to discuss this proposal further, please contact Amber Aguayo or Spencer Supinger at (209) 723-2066. We look forward to continuing our services as an extension of your staff.

Sincerely,
Amber Aguayo Spencer Supinger, PE, QSD/P
CFO/COO Branch Manager - Merced
Enclosures: Charge Rate Schedule
cc: Jeff Cowart, PE, QK
P220290
cl/aa
Charge Rate Schedule
QKinc.com | (209) 723-2066

CITY OF CHOWCHILLA

REQUEST FOR QUALIFICATIONS
On-Call Services For State And Federally Funded Projects This page intentionally left blank.

April 18, 2022
Noel Azcevedo
Administrative Analyst
City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
Subject: Request for Qualifications for
On-Call Services for State and Federally Funded Projects Ms. Azcevedo:

For 50 years, QK has partnered with public agencies throughout the Central Valley to provide the critical expertise required to support the projects that keep our communities moving forward. Our mission today is to be an equally indispensable partner for the City of Chowchilla; a partner who can be relied upon to deliver your most important transportation and municipal engineering projects. This Statement of Qualifications (SOQ) demonstrates our familiarity for the City’s needs, as well as capability to provide the comprehensive services necessary to deliver the transformative infrastructure required to move the City of Chowchilla forward.

QK and the City of Chowchilla share a history over the last 6 years, serving the City as the Contract City Planner, and ensuring award-winning projects such as the Chowchilla City Corporation Yard - New Well, Tanks, Booster Pump Stations and Pressure Sustaining Valves Project are completed successfully and to the City’s satisfaction.

To continue this relationship of success, the team presented in this SOQ has extensive experience engineering municipal transportation projects throughout California. As contract City Engineer for seven Valley Cities, we know the importance of outside State and Federal funding streams to support City infrastructure improvements and economic development opportunities. In providing Civil Engineering, Land Surveying, Planning, Environmental and Grant Funding services within our suite of services and in-house expertise, working with QK makes it easier for the City to work with just one consultant in the project funding and delivery process. Being focused on the City’s goals and objectives combined with our history of working together makes us uniquely informed and well-positioned to continue serving you in this capacity.

In addition to those professionals listed in our SOQ, QK has a diverse staff of 135 employees who daily and continually navigate projects through funding complexities. In addition to QK’s experience, we have included a team of subconsultants who have successful track records of completing similar projects, and who provide specialized services requested by the City.
 Cornerstone Structural Engineering Group – Structural Engineering  Blackburn Consulting – Geotechnical Engineering & Materials Testing  VRPA Technologies, Inc. (DBE) – Transportation Planning, Traffic Circulation & Engineering Analysis, Transportation Demand & Systems Management, Intelligent Transportation Systems (ITS) Planning & Integration, as well as Environmental Studies (Air Quality, Noise, Transportation/Traffic)  Willbanks Environmental Consulting, Inc. (DBE) – Environmental Engineering & Hydrogeology  Cogstone Resource Management Inc. (DBE) – Environmental Studies (Cultural Resources & Paleontological Resources)
 HCS Engineering, Inc. – Electrical Engineering
 Hamner Jewell & Associates: Right-of-Way Assistance
 West Valley Construction Company – Potholing
 Alert-O-Lite, Inc. (DBE) – Traffic Control Plan Review We understand best practices for effective coordination and decision making and as a local team with an office located in Merced less than 20 minutes from the City of Chowchilla, we can easily, and quickly, coordinate and respond. We will work closely with City staff to coordinate efforts assuring project completion is delivered in both a cost-effective and timely manner.

If you need additional information concerning this SOQ, please feel free to contact Project Manager and Merced Branch Manager Spencer Supinger, PE at the following:

QK
2816 Park Avenue
Merced, CA 95348
Ph: (209) 723-2066
Fx: (559) 733-7821
Email: [email protected]
Mr. Supinger will be the City’s Primary Point of Contact for this On-Call agreement. Additionally, Garth Pecchenino, PE, PLS, VP of Technical Services is authorized to contractually bind the firm.

Thank you for the opportunity to submit our qualifications for these services. We are extremely eager to continue working together with the City of Chowchilla to actualize your important municipal projects.

With appreciation,
Spencer Supinger, PE Garth Pecchenino, PE, PLS
Project Manager Principal-in-Charge
Merced Branch Manager Vice President of Technical Services Enclosure
P220192

CITY OF CHOWCHILLA
On-Call Services for State and Federally Funded Projects City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
April 18, 2022
P220192
© Copyright by Quad Knopf, Inc.

Unauthorized use prohibited
Statement of Qualifications
2816 Park Avenue
Merced, CA 95348
(209) 723-2066
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Greenfield County Water District SDWSRF Funded
Arsenic Mitigation Project – Bakersfield, CA
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Table of Contents
CONSULTANT INFORMATION, QUALIFICATIONS & EXPERIENCE ................................................... 3 Consultant Information.......................................................................................................................................3 Technical Qualifications......................................................................................................................................5 Experience .......................................................................................................................................................... 15 Familiarity with State & Federal Funding and Caltrans Local Assistance.............................................. 36 Caltrans Local Assistance andLocal Assistance Procedures Manual Experience............................... 37 ORGANIZATION & APPROACH...................................................................................................... 39 Roles and Organization of Proposed Team ................................................................................................. 39 Subconsultants.................................................................................................................................................. 40 Number of Staff................................................................................................................................................. 46 Facilities Available ............................................................................................................................................. 47 Experience of Team .......................................................................................................................................... 47 Project and Management Approach.............................................................................................................. 48 Project Team Resumes & References .......................................................................................................... 50 Roles and Availability of Proposal Project Team ........................................................................................ 51 CONFLICT OF INTEREST STATEMENT ......................................................................................... 55 LITIGATION .................................................................................................................................. 57 CONTRACT AGREEMENT ............................................................................................................. 59 Contract Revisions ............................................................................................................................................ 59 Proposal Statement ......................................................................................................................................... 60 FEDERAL-AID PROVISIONS ......................................................................................................... 61 COST PROPOSAL.......................................................................................................................... 63 CURRENT WORKLOAD .................................................................................................................. 65 PAST WORK PERFORMANCE WITH THE CITY............................................................................... 67

APPENDIX A
Key Staff Resumes

APPENDIX B
Federal-Aid Provision Forms
Clickable Table of Contents
2 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced QK has served the
City of Chowchilla
with programmatic
professional services
since 2006.
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Qualifications & Experience
Consultant Information
QK has a diverse staff of more than 130 employees in six offices – Merced, Clovis, Visalia, Hanford, Bakersfield, and Porterville. We provide:
• Civil Engineering
• Traffic Engineering
• Land Surveying
• Utility Coordination
• Construction Management
• Labor Compliance
• Urban Design
• Landscape Architecture
• Geographic Information Systems (GIS)
• Land Use Planning
• Environmental Planning
• Biological Resources
• Environmental Permitting
Since 1972, QK has successfully partnered with cities,
counties, state agencies, and other public agencies, to use our talents and services in the development of efficient solutions that have lasting positive impacts. These efforts result in the establishment of sustainable communities that offer a better quality of life.

QK provides:
• 50 years of service throughout California
• Key personnel with experience in working for local
government and affiliated agencies
• Professionally registered, licensed or certified staff in a variety of disciplines (PE, PLS, CFedS, CASp,

PMP, AICP, LLA, LEED AP, QSD/QSP, ENV SP,
CPSEC)
• A documented Quality Management Program
(QMP)
• Effective Project Management utilizing real-time
Deltek Vision® integrated management platform
and reporting
Additionally, QK is an award-winning professional services firm and has gained recognition many times through the
following:
• Tulare County Association of Governments (TCAG)
Local Motion Awards
• San Joaquin Valley Blueprint Awards
• American Public Works Association (APWA) Central
California Chapter Awards
• American Planning Association (APA) California
Central Section Awards
• American Society of Civil Engineers (ASCE)
California Fresno Branch and San Francisco Section
Awards
• American Council of Engineering Companies
(ACEC) California Engineering Excellence Awards
Consultant Information, Qualifications & Experience
4 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 4 New 750,000-gallon Water Storage Tank - City of Chowchilla, CA (800) 955-7599 | QKinc.com 5
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• Subdivision Design
• Commercial Land Development Design
• Project Specifications
• Bidding Assistance
• Construction Engineering, Observation & Monitoring,
Management & Permitting
• Development Plan Checking Services
• Grant Writing & Project Funding Assistance
• Grant Administration

CIVIL ENGINEERING
QK is a leader in providing civil engineering
services in the San Joaquin Valley. We’ve
been helping public and private sector clients
for nearly 50 years and our team of licensed
professionals has expertise in all critical subdisciplines of civil engineering.

Services:
• Preliminary Design Reports (PDRs)
• Water Storage, Distribution & Supply
• Streets & Roadway
• Sanitary Sewer Systems including Lift Station
Design
• Water & Wastewater Treatment
• Storm Drainage Systems including Lift Station
Design
• Water Systems including Well Design
• Water System Modeling Sewer & Storm Drainpipe
Modeling
• Well Monitoring
• Utility Planning, Design, & Coordination
• Infrastructure Master Plans
• Fee Studies
• Management Plans for Water, Sewer & Storm
Drainage
• Low Impact Drainage Design
• Storm Water Pollution Prevention Plans (SWPPP)
• Grading Design
• Grade Separation
• Roundabout Design
• Traffic Signal Design
• Signing, Striping & Pavement Delineation
Technical Qualifications
Magnolia Street Improvements - Woodlake, CA
Consultant Information, Qualifications & Experience
6 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced

ADVANCED UNMANNED AERIAL SYSTEM
(UAS) MAPPING
In recent years, emerging technologies in
robotics, and Global Navigation Satellite
Systems (GNSS) have been combined with
Unmanned Aerial Systems (UAS), and powerful computing
capabilities, to provide land surveyors and other mapping professionals with exciting new land measurement tools and solutions.

QK can help you benefit from this emerging technology
through our advanced UAS mapping capabilities that are
managed by our licensed Professional Land Surveyors (PLS), as well as Land Surveyors-in-Training (LSIT).

The use of low altitude, high resolution photogrammetry can provide significant benefits on a multitude of engineering and land surveying projects. QK has been at the forefront of research into this technology since 2016 and has proved mapping capabilities on a similar accuracy level with terrestrial GPS surveys and can provide orthomosaic with resolution of 1 cm or less.

LAND SURVEYING
QK employs a team of nine experienced licensed
land surveyors that operate both in the office
and field environment, allowing us to help clients
quickly with requests for service. The majority of
our clients have been public agencies needing
to address capital projects, legal issues and
construction activities. We help our client cities with survey services as their official City Engineer and/or City Surveyor. In addition to serving as the Surveyor of Record for these cities, QK acts as Surveyor of Record and performs topographic
surveys, ALTA surveys, boundary surveys, and construction control surveys on countless projects throughout California.

Services:
• Map Checking
• Construction Staking
• Boundary Surveys
• Topographic Surveys
• Right-of-Way Surveys & Maps
• Geodetic Control Surveys
• Aerial Photo Control Surveys
• Legal Descriptions
• ALTA Surveys
• Low-Altitude High Resolution Aerial
Photogrammetry
• 3D Modeling
• Record of Survey
QK licensed FAA Part
107 UAV/drone Pilot
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LANDSCAPE ARCHITECTURE
QK’s landscape architecture team
collaborates closely with our clients and
communities to develop thoughtful, creative
solutions centered around their unique
objectives and goals. Our planning and design process
includes strong integration between the QK practices, allowing the ability to tackle challenges that span ecology, planning, and civil infrastructure. With over 26 years of experience, our professional staff is proud to affect positive change within the unique climate of the San Joaquin Valley; resulting in the creation of resilient and engaging environments where people work, play, and visit.

Landscape Architecture
• Site Planning & Land Development
• Campus & Institutional Design
• Commercial & Industrial Design
• Residential Design
• Interpretive Design
• Landscape Improvements & Renovations
• Landscape Standard Updates
Construction Documentation
• Planting, Hardscape & Irrigation Design
• MWELO Irrigation Evaluations
Graphics and Visualizations
• Visual Impact Assessments for EIRs
• Visual Resource Analysis
• 3D Landscape Visualizations
Parks & Recreation
• Neighborhood & Regional Parks
• Pocket Parks
• Sports Parks
• Skate & Action Parks
• Tot Lots, Pre-teen & ADA Playgrounds
• Splash Pads
• Disc Golf Courses
Green Infrastructure
• Streetscapes
• Pedestrian & Bicycle Trails
• Pedestrian Malls
• Bioswales & Rain Gardens
• Habitat Restoration
• Safe Routes to Schools
Woodlake Downtown Plaza Courtyard - Woodlake, CA
Consultant Information, Qualifications & Experience
8 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced

ENVIRONMENTAL PLANNING
QK helps our clients by providing full array of
technical services to guide projects through
the everchanging landscape of local, State,
and federal entitlements and permitting.

Our environmental planning staff has prepared thousands of defensible California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents that help public agencies and private land developers meet project objectives and schedules while complying with ever-changing environmental regulations.

Many of our planners are former public-sector planners, and their experience has led to proactive strategies that can often streamline the environmental process and facilitate a positive outcome for complex and large projects.

They are also skilled in collecting public opinion through outreach efforts, and adept at making presentations to
Planning Commissions, Boards of Supervisors, City Councils, and Special District Boards.

Services
• Environmental Impact Reports (EIR)
• Initial Studies (IS)
• Negative Declarations/Mitigated Negative
Declarations (ND/MND)
• Categorical Exemptions (CatEx)
• Environmental Impact Statements (EIS)
• Environmental Assessments (EA)/Findings of No
Significant Impacts (FONSI)
• Categorical Exclusions (CE)
• Preliminary Environmental Assessments (PES)
QK also offers a full suite of subject matter experts to prepare technical documents to support the environmental review process.

QK Biologist conducting site visit for
SR99/233 Roundabout Project - Chowchilla, CA
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BIOLOGY
QK is a leader in providing biological services
within the San Joaquin Valley. Our senior biologists
have current State and federal permits and other
approvals that provide us with the ability to capture, handle and relocate many State and federal listed species. Most of our biologists are approved as Designated Biologists by the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service for protected plants and wildlife species and are approved under the Metropolitan Bakersfield Habitat Conservation Plan. Our biologists are considered by many to be experts for many species within the region.

The biologists at QK are results oriented and are experts in finding solutions for conflicting development needs and complex biological issues. They are active in the professional community and are often called upon by agencies and peer groups to provide training to other professional biologists. Our decades of experience in providing biological services, our balanced approach to projects and our use of cutting-edge technologies combine to make us one of the most efficient and cost effective firms with proven results in the region.

Services:
• Pre-construction surveys and construction
compliance, monitoring and reporting services
• Preparation of State and federal permits, avoidance
plans, mitigation plans, relocation plans, resource
management plans, and restoration plans
• Analyses of project impacts, adverse effects,
and development of avoidance and minimization
measures
• Delineations of State and federal wetlands and other
waters
• Analyses of wetlands functions and values
• Acoustical and visual bat identifications and bat
exclusions
• Stream characterizations and fisheries resource
surveys
• Revegetation planning and monitoring
• Protocol level special-status species surveys
• Biological constraints analyses and reconnaissancelevel biological surveys • Construction monitoring, implementation of
avoidance and mitigation measures, and relocation
of species
Permits:
• U.S. Army Corps of Engineers Section 404 & 404(1)
(b) permits
• U.S. Fish & Wildlife Service
o Section 7 Consultations, Endangered
Species Act
o Section 10(a)(1)(B) Habitat Conservation
Plans, Endangered Species Act
o Migratory Bird Treaty Act Compliance
• U.S. Forest Service and Bureau of Land
Management Biological Evaluations (BEs)
• Regional Water Quality Control Board Coordination
& Permitting
o Section 401 Permits, Clean Water Act
o Storm Water Pollution Prevention Plans
(SWPPPs)
o National Pollutant Discharge Elimination
System (NPDES) Permits
• California Department of Fish & Wildlife
o Section 2081, Incidental Take Permit
Applications
o Section 2080.1 Consistency Determination
• California Department of Transportation
Encroachment Permits
• Local Government Permit Compliance
o Preparation of Mitigation Monitoring &
Reporting Plans
o Implementation of Compliance &
Reporting Programs
o Applications for Local Project Permits
Consultant Information, Qualifications & Experience
10 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced

UTILITY COORDINATION
Utility coordination is often an area that causes
delays during construction if not initiated early
in the project. We help our clients by focusing
on these critical components during the project
planning phase to proactively address potential
issues.
• Submittals of Improvement Plans to Affected Utility
Company
• Preparation of Utility Company Applications
and Contract Reviews, and coordination with
Utility companies to get their designs and utility
construction schedules
• Coordination services for Subdivisions, Multifamily
and Commercial Developments
• Coordination of Relocations for Road Improvements
/ Widening Projects
• Coordination of Utility design plans with project
Design Engineers
• Coordination of New Power Connections for Well
Sites and Lift Stations
• Coordination of On-Site Upgrades with Local Power
Company
• Coordination of Rule 20A Underground projects
• Researching Utility Locations for Design and
Construction
• Research and Due Diligence Reports – Site Specific
• Coordination of Power Connections for New
Streetlights and Traffic Signals
• Coordination and Permitting / License Agreements
with Railroads
• Site Development, Site Acquisition and Zoning for
Cell Towers

CONSTRUCTION MANAGEMENT
QK’s highly qualified construction personnel
specialize in a full range of pre-construction,
construction, and post-construction-phase
services including construction procurement, observation and monitoring, resident project representation, construction management, and construction administration for all types of public and private projects. Our professional staff thoroughly understands the construction process to help our clients with the experience, knowledge, and insight needed to make informed decisions throughout the construction process.

Services
• Construction Procurement (Bidding Services)
• Construction Management
• Construction Observation & Monitoring
• Construction Quality Assurance
• Bid-ability and Constructability Reviews
• ADA Compliance Reviews
• Coordination & Inspection of Utility Relocations
• Project Coordination and Administration
• Construction Contract Administration and
Permitting
• Construction Closeout
• Construction Claim Analysis and Support
• State-approved Labor Compliance Program
• Resident Project Engineer, including Caltrans
Resident Engineering
• Resident Project Representative
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LABOR COMPLIANCE
QK’s knowledgeable Labor Compliance staff
understands that Labor Compliance Programs
(LCPs) are a necessary component of public
works construction projects as part of the effort to enforce the State’s Prevailing Wage Rates and the Federal government’s Davis-Bacon Wage Determinations.

QK’s LCP is applicable to all public works projects whether the project is funded with local, State, or federal funds. Our LCP coordinators are properly trained in executing the LCP process and the laws governing such programs to help 21st century clients navigate a jungle of regulations.

GEOGRAPHIC INFORMATION SYSTEMS (GIS)
Our user-based GIS approach helps clients
visualize, analyze, interpret, integrate, map, and
maintain clear pictures of their asset locations
in public works and engineering, telecommunications, utilities, and transportation. Up-to-date GIS data helps guide decisionmaking for capital improvements, urban and regional planning, natural resource management, environmental monitoring, oil/ gas/mineral exploration, and renewable energy. QK is an ESRI Partner and can use new or existing data to build web-based GIS services using ArcGIS Online.

Services:
• GPS Survey and Mapping
• Digitization and Data Conversion
• Database Development and Management
• Digital Elevation Model (DEM) Extraction and
Processing
• ArcGIS Python Automation and Scripting
• GIS Web Map Creation
• ArcGIS Online Website Development
• Viewshed and Line-of-Sight Analysis
• Geology, Soils, Vegetation, and Hydrologic Mapping
• City-wide Land Use Capacity Analysis
• Pavement Mapping
• Street Sign Survey, Mapping and Inventory
Labor Compliance and Construction in
Progress, Mulcahy Park - City of Tulare, CA
Consultant Information, Qualifications & Experience
12 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced More than 120 citizens attended QK's Parks Master Plan
Public Outreach Workshop #1 for the City of Los Banos, CA (800) 955-7599 | QKinc.com 13
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PUBLIC OUTREACH/STAKEHOLDER

PARTICIPATION
A successful planning document encourages
responsible growth, while avoiding additional
time and expense for future revisions. After
50 years of helping clients build and develop and live in the environments of their dreams, we have learned that winning the imagination of the community and its leaders is as
important as the project itself. Whether it is a Specific Plan or a comprehensive General Plan Update, our ability to envision what the community wants means planning documents get
approved with strong public support.

QK generates public awareness, understanding of, and general consensus of key planning decisions and preferences to help our clients get everyone on the same page.

Services:
• Task Force/Advisory Committee Meeting
Facilitation
• Stakeholder Interviews
• Public Engagement Plans
• Walking Tours/Bus Tours
• SWOT Analyses
• Surveys/Questionnaires
• TurningPoint Real Time Surveys
• Design Charettes
• Public Open Houses
• Visioning Workshops
• Public Hearings
Many communities often hold public events (street fairs, art shows, etc.) and we participate because is brings out crowds and it’s a great opportunity to get public input
Consultant Information, Qualifications & Experience
14 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Inerior of Booster Pump Station
Inside view of dome roof with one row of panels installed Pressure Sustaining Valve Installation
New Water Storage Tank (existing Elevated Tank in background) (800) 955-7599 | QKinc.com 15
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Experience
Consultant Information, Qualifications & Experience
City Corporation Yard - New Well,
Tanks, Booster Pump Stations,
and Pressure Sustaining Valves
Project
Chowchilla, CA
Contracting Agency:

Johnson Controls, Inc.

Project Manager/Contact Person:

Cary Smith, Operations Analyst
Ph: (414) 524-1200
Description: The City of Chowchilla (City) faces challenges familiar to many California small and rural cities, who often serve disadvantaged communities with limited resources. City officials and staff in these communities put their hearts and souls into their service, and as we see here in the Valley every day, this type of leadership can lead to great advances that benefit the public far into the future.

Since a previous infrastructure analysis for the City showed significant deficiencies in its water system, the City knew it needed to make a big change. But thinking forward, it didn’t seem enough to the Council and Staff to simply put a band-aid on the structural problems. They didn’t want to just fix things that needed immediate repair. They wanted to commit to the delivery of energy-efficient infrastructure across the board so that their constituents would know that their contributions as ratepayers are being wisely invested in their long-term future, instead of short-term remedies.

It was this total commitment to water and energy efficiency that led City leaders to find Johnson Controls, Inc. (JCI), who was then able to assist City staff not only in planning for a

PROJECT AWARDS
2020 American Council of Engineering Companies (ACEC)
California, Engineering Excellence Awards, Award of
Merit
2020 American Society for Civil Engineers (ASCE), San
Francisco Section, Small Project of the Year
2020 American Society for Civil Engineers (ASCE), Fresno Branch, Water Project of the Year
2019 American Public Works Association (APWA), Central
California Chapter, Public Works Project of the Year -
Small Cities/Rural Communities (Buildings/Structures
Category)
New Well and Tank Inlet Piping
16 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced clean and green future, but with the creative financing of that plan that included public funding.

Since City Council and Staff know that water is the lifeblood of their community, it was determined that an initial major step on the City’s path to sustainability should be in its water system.

The City is divided into two zones – the east and west sides of town, with HWY 99 running through the middle. Because the east side of town is positioned at a higher elevation than the west, the City was inundated with citizen complaints regarding the lack of pressure on that side.

The project design included drilling a new well and installing a 750,000-gallon storage tank at the City’s existing corporation yard that is filled at night and pumped during the day. The new well and new booster pump station is equipped with Variable Frequency Drive (VFD). The design also included installation of two Pressure Sustaining Valves (PSVs) – in the center of the two 12-inch main water lines that connect the east side to the west side. The PSVs only allow water to pass through in one direction unless certain pressure conditions are met ensuring the higher elevation side doesn’t lose pressure. Lastly, a solar panel array was installed on site to not only provide power to the new facilities but some of the existing City buildings as well.

In total, the combination of the new well, storage tank, booster pump station, PSVs, and solar panels ensure that the City’s water delivery system is operating efficiently, with the pressure necessary to satisfy the demands of its citizens, and the storage required to meet peak demands or to take the well offline for maintenance.

QK prepared an Initial Study/Mitigated Negative Declaration for the upgrade and renovation project. The IS/MND identified one or more potentially significant effects on the environment, but revisions to the Project were made or mitigation measures would be implemented that reduced all potentially significant impacts to less-than-significant levels. As a result, the City found that there was no substantial evidence that the Project would have a significant effect on the environment.

Contract Amount: $515,135 (including CEQA IS/MND)
Funding Source: Special funding from State through Johnson Controls, Inc.

Date of Contract: 07/2017
Date of Completion: 08/2020
Consultant Project Manager:

Spencer Supinger, PE, [email protected]
CEQA Consulting Services for
SR99/233 Roundabout Project
City of Chowchilla, CA
Contracting Agency:

City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
Project Manager/Contact Person:

Jason Rogers, Director of Public Works
Ph: (559) 665-8615
Description: The City of Chowchilla is working with the State of California Department of Transportation (Caltrans), which proposes to improve the State Route 99/233 interchange in the City of Chowchilla in Madera County. The State Route 99/233 Interchange Project (Project) was analyzed under California Environmental Quality Act (CEQA) with an Initial Study and Mitigated Negative Declaration (IS/MND) prepared in 2015.

Before the Project IS/MND was adopted in early 2016, the Project was put on hold. The City and Caltrans have decided to proceed with the Project, and QK is currently preparing a new IS/MND and other compliance documents.

Two roundabouts would be built at the ramp intersections in the first phase of the Project. Minor widening of the southbound SR 99 bridge over Ash Slough will be completed to accommodate realignment of the southbound off-ramp
to State Route 233. When funding becomes available, an
additional two-lane bridge crossing State Route 99 will be built. Phase I of the Project currently has no federal funding, (800) 955-7599 | QKinc.com 17
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although the future Phase II is expected to be at least partially funded with monies from federal sources. The City will be the Lead Agency under CEQA and QK will assist by analyzing impacts from both Phase I and Phase II in the new IS/MND.

QK is also assisting with preparation of technical documents needed under the National Environmental Policy Act (NEPA) so that no additional analyses will be needed if and when federal funding becomes available.

Through the City of Chowchilla, where the Project lies, State Route 99 is a four-lane facility with a posted speed limit of 65 miles per hour. In the project area, the travel lanes are 12 feet wide with 5-foot left and 10-foot right paved shoulders. A 46-foot-wide median divides the northbound and southbound travel ways.

The Project is programmed in the Madera County Regional Transportation Program and would be funded with local sales taxes earmarked for transportation projects. As noted above, the City is the CEQA lead agency and, if federal funds are eventually used, Caltrans will be the NEPA lead agency. The Project would be constructed by the City of Chowchilla. Ash Slough bounds the northern edge of the Project and may be affected by the Project, and therefore, QK will assist if permits are required by the California Department of Fish and Wildlife (CDFW), State Regional Water Quality Control Board (RWQCB), and/or U.S. Army Corps of Engineers (USACE).

QK planners reviewed the prior Caltrans draft environmental document and identified a path forward that would meet the objectives of completing the assessments quickly and costeffectively, while avoiding redundancy, and making maximum use the Caltrans work previously done. QK planners met with both City staff and Caltrans to propose the approach and received confirmation from both.

QK is providing environmental planning services for the Project, including completion of the CEQA IS/MND and
NEPA PES form, including technical studies (noise, biological assessments, waters delineation, traffic, air quality/GHG study, and others) to meet Caltrans, State, and federal requirements.

The focus of QK’s ongoing involvement is the completion of CEQA and NEPA documentation and public review, as
appropriate, and the completion of permit applications if necessary. In compliance with CEQA and based on the fact that Caltrans previously prepared a CEQA Initial Study and Negative Declaration, QK expects that the City will again determine that an Initial Study and Mitigated Negative
Declaration will be the appropriate level of CEQA compliance.

Additionally, it is expected that under NEPA the Project will qualify for a Categorical Exclusion with technical documents, based on the information provided to QK by Caltrans.

Contract Amount: $159,725
Funding Source: Measure T Funds and Local Funds
Date of Contract: 01/2020
Date of Completion: On-going
Consultant Project Manager(s):

Jaymie Brauer, [email protected]
Annalisa Perea, AICP, [email protected]
Consultant Information, Qualifications & Experience
Phase 1, Layout 1 - SR99/233 Roundabout Project -
Chowchilla, CA
18 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Multi-Phased Downtown Enhancement Project
City of Woodlake, CA
Contracting Agency:

City of Woodlake
350 N. Valencia Boulevard
Woodlake, CA 93286
Project Manager/Contact Person:

Ramon Lara, City Administrator
Ph: (559) 564-8055
Description: The Downtown Enhancement Project is a
multi-phased project that used local Measure R funding, along with state and Federal Transportation Enhancement (TE), Congestion Mitigation and Air Quality Improvement (CMAQ) Program, Public Transportation Modernization,
Improvement, and Service Enhancement Account (PTMISEA), and Department of Housing and Community Development
(HCD) funding, to provide for the engineering design and construction of various downtown beautification projects, the Whitney Transit Center, the Downtown Plaza, a Roundabout, and a Community Center – all of which provide an enhanced entrance into the City’s business district.

Due to extraordinary work that would have to be done in the heart of the City’s downtown business district, the City Council and City leaders engaged not only the business operators, but the residents as well. Several community workshops, town hall and City Council meetings were conducted during the planning stage to engage citizens and collaborate on the future development of Woodlake. As a result, the multiple projects were phased in an order that would lead to the least amount of disruption to the community as well as visitors.

The $13.4 Million multi-phased project involved the design and construction of decorative sidewalks and crosswalks, street lighting, landscaping, bicycle lanes, ADA compliant ramps, and bulb-outs that maintain traffic at safe speeds through the downtown area. LED lighting was incorporated to keep energy costs down and provide ample lighting for pedestrian safety.

Low maintenance drought tolerant landscaping installed to reduce future maintenance cost and low flow sprinklers heads were chosen for water conservation.

Woodlake Downtown Corridor Improvements
(800) 955-7599 | QKinc.com 19
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Whitney Transit Center
The new Whitney Transit Center provides connectivity to the Tulare County transit system which allows residents to travel to additional destinations that were not available previously.

The Whitney Transit Center includes two bus shelters, parking lot, decorative sidewalks, bulb-outs, ADA compliant ramps, decorative crosswalks, landscaping, irrigation, lighting, striping, and signage.

The Downtown Plaza provides a venue for community events such as music, plays, and other outdoor activities. A courtyard that connected the City’s main street, Valencia Boulevard, to the new Woodlake Plaza/outdoor stage and entertainment
area across from one of the city’s popular parks was also constructed as part of the Project.

Additional downtown improvements include a single lane, urban roundabout that replaces a four-way controlled
intersection that formerly was cause for the City’s worst traffic congestion. The roundabout keeps traffic moving, handles a large number of left turns, reduces the potential for broadside collisions, and reduces emissions from vehicles that would otherwise be idling at the intersection.

A $4 Million, 12,000 square foot Community Center was
completed and includes useable facilities for all Citizens including a senior center, commercial kitchen, community meeting room, gymnasium (multi-sport facility), City Council Chambers, and an outdoor reading plaza. Now that the
Community Center is open, the City has been able to expand their youth sports programming and offer exercise programs and English classes.

QK worked with the City from project conception to project completion. Service as Contract City Engineer, QK assisted the City in acquiring funding for each phase of the Project and completed the CMAQ grant application. QK’s engineering team provided the engineering design for the four phases of downtown beautification projects, the roundabout, Downtown Plaza and Courtyard, and the Whitney Transit Center. These projects installed 6,209 lineal feet of curb and gutter, 104,746 square feet of decorative sidewalk, 3,536 square feet of city standard sidewalk, a stage at the plaza, a kiosk building with 2 wood awnings at the transit center, 4,760 lineal feet of bicycle lanes and other striping, 39 decorative crosswalks, 32 bulbouts, 91 of ADA compliant ramps, 103 of tree wells, 32,425 square feet of landscape planters, 41 benches, 46 trash/ recycling receptacles, 10 bicycle racks, 45 drive approaches, 66 street lights, 108 of lighted pedestrian bollards, 3,220 lineal feet of storm drain pipe, and 130,255 square feet of paving.

Surveying services were also provided (topographic surveying and construction staking) for right of way acquisitions, along with processing this project through Caltrans since most of them were built along the State Routes 245 and
216. In addition, QK provided landscape architecture, utility coordination, environmental planning services, and bidding services, construction management/administration and close out of the Project with the City and Caltrans.

Contract Amount: $1,343,323
Funding Source: Measure R, State and Federal Transportation Enhancement (TE), Congestion Mitigation and Air Quality Improvement (CMAQ) Program, Public Transportation
Modernization, Improvement, and Service Enhancement
Account (PTMISEA), and Department of Housing and
Community Development (HCD).

Date of Contract: 05/2011
Date of Completion: 10/2018
Consultant Project Manager:

CITY OF WOODLAKE MULTI-PHASED DOWNTOWN ENHANCEMENT PROJECT AWARDS 2019 American Society for Civil Engineers (ASCE) – San
Francisco Section, 2019 Urban or Land Development
Project of the Year
2019 San Joaquin Valley Blueprint Award of Merit, Downtown Revitalization – City of Woodlake/City of Woodlake Staff and Council
2019 American Society for Civil Engineers (ASCE) – Fresno Branch, Outstanding Community Improvement Project,
Woodlake Multi-Phased Downtown Improvements
Project
2019 California Park & Recreation Society (CPRS) – District 7, Outstanding Facility – Woodlake Community Center
2018 California Park & Recreation Society (CPRS) Award
of Excellence, Community Center/Mixed Use Class 1:

Woodlake Community Center and Plaza
2018 American Public Works Association (APWA), Central
California Chapter Project of the Year, Small Cities/
Rural Communities, Building/Structures– Woodlake
Community Center (Team Member)
2018 California Parks and Recreation Society (CPRS), District 7, Outstanding Facility – Woodlake Downtown Plaza and
Courtyard
2018 American Council of Engineering Companies (ACEC)
California, Engineering Excellence Awards, Project of the Year Commendation Award (Transportation) – Woodlake
Multi-Phased Downtown Enhancement Project
2017 California Urban Forests Council, Designing with Trees:

Retail or Commercial Venues Award – Woodlake MultiPhased Downtown Enhancement Project 2017 Tree Fresno, Arbor Day Landscape Award – Woodlake
Multi-Phased Downtown Enhancement Project
2017 San Joaquin Valley Blueprint Award of Excellence,
Transportation Enhancement Project – Woodlake MultiPhased Downtown Enhancement Project 2017 Tulare County Association of Governments (TCAG)
6th Annual Local Motion Award for Innovative and
Sustainable Transportation – Woodlake Roundabout
2016 American Public Works Association (APWA), Central
California Chapter, Project of the Year - Small Cities/ Rural Communities Transportation – Woodlake MultiPhased Downtown Enhancement Project 2014 Tulare County Association of Governments (TCAG) Local Motion Award Winner, Bike and Pedestrian Project –
Woodlake Multi-Phase Downtown Enhancement Project
2014 San Joaquin Valley Blueprint Award of Merit,
Transportation Enhancement – City of Woodlake
Whitney Transit Center
2013 Tulare County Association of Governments (TCAG)
Local Motion Award Winner, Transit Category - Woodlake
Transit Center Project
Roundabout (SR 245-216)
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(800) 955-7599 | QKinc.com 23
Consultant Information, Qualifications & Experience
Woodlake Roundabout
City of Woodlake, CA
Contracting Agency:

City of Woodlake
350 N. Valencia Boulevard
Woodlake, CA 93286
Project Manager/Contact Person:

Ramon Lara, City Administrator
Ph: (559) 564-8055
Description: The City of Woodlake’s Roundabout Project
(Project) improves safety, accessibility, and aids traffic management, mobility, and connectivity through the City’s downtown business district.

The single lane, urban roundabout is located at the
intersection of State Route 245 and State Route 216 in
the City of Woodlake. The Project replaces a four-way stop controlled intersection (intersection of two state highways – SR 216 and SR 245) that formerly caused the City’s worst traffic congestion. The roundabout keeps traffic moving, handles a large number of left turns, reduces the potential for broadside collisions, and reduces emissions, such as ROG, NOx, and PM10, from vehicles that would otherwise
be idling at the intersection. The $4.3M Project was funded by a Congestion Mitigation and Air Quality Grant, Measure R Funds and Local Funds.

Design features included, ornamental street lighting, a pedestrian-friendly decorative sidewalk, decorative benches, and trash/recycling receptacles. Bulb-outs were used as traffic calming devices and decorative bollards, which
light up at night, were used to improve pedestrian visibility and safety. The addition of decorative crosswalks, ADA
accessible ramps and drive approaches were installed to give drivers and pedestrians visual cues that encourage safer vehicle speeds and pedestrian activity. A much-needed Class II bike lane and multi-use pedestrian and bicycle path was included through the roundabout to increase safety and transportation choices for the citizens of Woodlake.

To capture surface flow, storm drains were constructed along the street and connected to the existing storm drain system.

A water efficient irrigation system was also designed to sustain the plant material added to the new streetscape. This included intersection bulb-out planters with flowering shrubs and over 50 shade trees encased in brick tree wells along the downtown.

QK provided Contract City Engineering, civil engineering (design, bidding, and construction administration), traffic engineering, surveying (topographic surveying and
construction staking), construction administration, landscape architecture, utility coordination, and environmental planning services for the Project. Additionally, QK completed CEQA and NEPA documents, including technical studies (noise, biological assessments, and others) to meet Caltrans, State, and Federal requirements.

QK’s teaming partner, BCI, advanced four borings within the proposed overlay segments, collected bulk samples of subgrade soil, and performed R-value testing. BCI prepared a Pavement Data Report for design of the project that contained existing pavement section thickness data, subgrade conditions and R-value test results.

The Roundabout Project is one phase of The City of Woodlake’s multi-phased Downtown Enhancement Project which provides a more pleasing entrance into the downtown business district.

The downtown has gone through a complete transformation, fulfilling the City’s master plan concept to provide pedestrian, bicycle, and transit connectivity to shopping, living, office, and recreational destinations in the downtown area; and improves the aesthetic appearance and usefulness of downtown.

Contract Amount: $422,461
Funding Source: Congestion Mitigation and Air Quality Grant, Measure R Funds and Local Funds.

Date of Contract: 02/2012
Date of Completion: 08/2018
Consultant Project Manager:

City of Atwater
750 Bellevue Road
Atwater, CA 95301
Project Manager/Contact Person:

Lori Waterman, City Manager
Ph: (209) 357-6367
Description: The Atwater CMAQ Street Improvements Project involved reconstruction of the existing roads, sidewalks, curb, gutter, and drainage structures in the areas of Olive Avenue, Marguerite Street, Willow Street and Mitchell Road in Atwater.

The purpose of the project was to provide safe access for pedestrians to the nearby school and community park as well as improve the condition of the roadways. QK’s role was to assist during the design phase, generate the project plans & specifications, provide support during the bidding process, and perform construction phase services such as field visits, submittal review, and response to RFIs. QK also assisted the City with the various forms and procedures required by the Caltrans Congestion Mitigation and Air Quality Improvement (CMAQ) Program and the Local Assistance Procedures
Manual (LAPM), including submittal of progress payments.

The project was completed in June 2015.

Contract Amount: $18,490
Funding Source:

Congestion Mitigation and Air Quality Improvement (CMAQ) Program
Date of Contract: 06/2014
Date of Completion: 06/2015
Consultant Project Manager:

Spencer Supinger, PE, [email protected]
QK has provided grant application
and administration services to
Valley cities for a wide variety of
publicly funded projects:

CMAQ
RSTP
ATP
ARPA
HSIP
HIP
SDWRSF
SRTS
STIP
and more.

Additionally, it is our hope that as
cities begin to recover from the
COVID-19 pandemic, more funding
for infrastructure improvements
will become available. QK has
dedicated in-house staff who
track funding opportunities
and assist our clients with the
application process. We are
ready to serve Chowchilla in this
capacity now.
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Consultant Information, Qualifications & Experience
Bush Street Overlay Project
Lemoore, CA
Contracting Agency:

City of Lemoore
711 W. Cinnamon Drive
Lemoore, CA 93245
Project Manager/Contact Person:

Frank Rivera, Public Works Director
Ph: (559) 924-6700
In January 2020, an application was submitted to the Kings County Association of Governments (KCAG) for Highway
Infrastructure Program (HIP) funding to supplement this project. Bush Street is an arterial roadway that connects the heart of Lemoore with Highway 41 and West Hills College. The project will improve the roadway to handle the traffic between these destinations and the additional sidewalk will provide an integrated pedestrian pathway along Bush Street.

The project consists of constructing a minimum 0.2’ thick HMA overlay over the full width of existing pavement on Bush Street from 19th Avenue to 19-1/2 Avenue including the intersections. The project also includes some deep patching of existing pavement in project limits, pavement transition grinding along the curb and gutter and at each ends of the project, signing, striping and pavement markings, adjustment of existing manholes and valve covers, and replacement of traffic loops. The project will also include the construction of approximately 160 LF of curb, gutter, sidewalk and curb return ramp on the north side of Bush Street from the NE corner of W. D Street east to the existing terminus of curb, gutter and sidewalk.

Contract Amount: $63,200
Funding Source: Highway Infrastructure Program (HIP)
Date of Contract: 04/2020
Date of Completion: Ongoing
Consultant Project Manager:

City of Visalia
315 East Acequia Avenue
Visalia, CA 93291
Project Manager/Contact Person:

Rebecca Keenan, Senior Civil Engineer
Ph: (559) 713-4833
Description: The City of Visalia tasked QK with providing professional engineering services to prepare a complete set of construction plans, project specifications, and estimates of probable costs (PS&E) for accessible curb ramps at various locations within the City.

The City funded the project through their annual, formula-based Community Development Block Grant (CDBG) to improve
public accessibility in an identified, residential CDBG target area located in the northeast quadrant of the City. The project included 38 new and/or modified curb returns and ramps to meet the most current requirements of the Americans with Disabilities Act (ADA). The project also included pedestrian landing areas, sidewalk, valley gutters, pavement transitions, utilities, signing, and pavement delineation where necessary for the construction of the curb returns/ramps.

The design used a base map generated from a City provided topographic survey. Construction documents, including PS&E were provided to the City in compliance with current State and federal ADA requirements, as well as City Improvement Standards and Specifications. In addition, the PS&E package included various add-alternate bid items, so the City may successfully bid and construct either a portion or all the project depending on the bids received.

Each curb return/ramp design is different and unique. To meet ADA requirements and avoid utility or other conflicts within the existing right of way, the team conducted a site visit of each curb return/ramp location. Potential conflicts, including right of way, sidewalk widths, pavement slopes, utilities, drainage, and other issues that needed to be addressed were identified.

Key issues for this project include: utility location including utility poles within paths of travel, non-ADA-compliant pavement in front of ramps, sidewalk width less than four feet, fire hydrants within paths of travel, existing roll curbs, fences at the backs of sidewalks, non-ADA-compliant inlet grates, water and gas valves that need to be adjusted to grade, non-ADAcompliant cross-gutters, drive approaches near curb returns, possible sign relocations.

Contract Amount: $125,438
Funding Source: Community Development Block Grant
(CDBG)
Date of Contract: 09/2018
Date of Completion: 02/2019
Consultant Project Manager:

Monique Mello, PE, [email protected]
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Play Area - McNamara Park
Vine Street Trail Project
Lemoore, CA
Contracting Agency:

City of Lemoore
711 W. Cinnamon Drive
Lemoore, CA 93245
Project Manager/Contact Person:

Frank Rivera, Public Works Director
Ph: (559) 924-6700
Description: This project involved complete PS&E and bidding services for a pedestrian trail running north-south along Vine Street (18 ½ Avenue) and along the west side of the Lemoore Golf Course. The trail will extend north about 1700 feet beginning at the north side of Caddie Loop and merging into the existing completed trail about 100-feet south of Green Lane. In addition to trail design plans, QK prepared Legal Description required to transfer the area from the Golf Course to the Vine Street right-of-way.

Contract Amount: $39,900
Funding Source: Congestion Mitigation and Air Quality
(CMAQ) Improvement Program
Date of Contract: 04/2020
Date of Completion: Ongoing
Consultant Project Manager:

Jeff Cowart, PE, [email protected]
Vine Street Trail Project. Image taken by QK Surveyor with Unmanned Aerial Vehicle – Lemoore, CA
28 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced South Farmersville Boulevard Safe Routes to Schools Project Farmersville, CA
Contracting Agency:

City of Farmersville
909 W. Visalia Road
Farmersville, CA 93223
Project Manager/Contact Person:

Mario Krstic, Chief of Police/Former Interim City Manager Ph: (559) 747-1243
Description: The City of Farmersville’s South Farmersville Boulevard Project is a pedestrian and bicycle improvement project, as well as a transit project. The Project improves pedestrian and bicycle safety by addressing deficiencies near places of employment, schools, and neighborhoods. The
Project’s location is South Farmersville Boulevard, the main north-south arterial in the City and extends from just south of Visalia Road to the southern City limits, approximately ½-mile.

The Project is in the direct vicinity of Snowden Elementary (approximately 450 students in grades 2 and 3). Roy Park and a senior housing community are also adjacent to the Project, as well as commercial and residential uses. A lack of contiguous sidewalks at this location forced students and others, including seniors, into the street or shoulder with no vehicular separation such as a raised curb. There was a narrow shoulder and no safe clearance for pedestrians or bicycles.

Contract Amount: $190,345
Funding Source: Active Transportation Program (ATP),
Tulare County Measure R, and Local Funds
Date of Contract: 02/2015
Date of Completion: 11/2017
Consultant Project Manager:

Monique Mello, PE, [email protected]
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Palm Street Reconstruction and Overlay
Exeter, CA
Contracting Agency:

City of Exeter
100 North C Street
Exeter, CA 93221
Project Manager/Contact Person:

Daymon Qualls, Director of Public Works
Ph: (559) 592-3318
Description: Currently providing engineering and
environmental compliance services for a full-depth
reconstruction and overlay of one-half mile of Palm Street in the City of Exeter. The project also consists of new ADAcompliant curb returns and ramps, alley access improvements, and Class II bike lanes. Project challenges included numerous existing infrastructure and utility conflicts and limited right of way for ADA ramp installation.

Contract Amount: $227,474
Funding Source: Surface Transportation Block Grant
Program (STBGP)
Date of Contract: 12/2017
Date of Completion: 12/2020
Consultant Project Manager:

City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Project Manager/Contact Person:

Travis Reed, Public Works Director/Acting City Engineer Ph: (760) 499-5080
Description: This project consists of the extension of South Sunland Street from Bowman Road to Dolphin Avenue. Funding for the project is provided through the CMAQ program. QK is providing design services for the project including preparation of the construction documents and processing the request for authorization for construction with Caltrans and Kern COG, as well as construction management services.

Contract Amount: $146,755
Funding Source: Congestion Mitigation and Air Quality
(CMAQ) Improvement Program
Date of Contract: 03/2017
Date of Completion: 04/2020
Consultant Project Manager:

Cathy Williams, PE, QSD/QSP, ENV SP,
[email protected]
Graaf Avenue Improvements
Ridgecrest, CA
Contracting Agency:

City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Project Manager/Contact Person:

Travis Reed, Public Works Director/Acting City Engineer Ph: (760) 499-5080
Description: QK provided street surface improvement
design and construction management services to the City of Ridgecrest for improvements to Graaf Avenue along an east-west segment from North Sierra View to North Norman Street, both two-lane roads, using a CMAQ grant. Paving was completed for the southern 16-foot-wide dirt section adjacent to the 0.25-mile-long roadway segment. The northern portion of the Graaf Avenue segment was used for parking, forcing drivers to the unpaved section adjacent to the roadway. The grant application for the project, also prepared by QK, included collision and countermeasure analyses, preliminary design layouts, construction cost estimates, and project schedules.

Construction of this project was completed in 2017.

Contract Amount: $139,965
Funding Source: Congestion Mitigation and Air Quality
(CMAQ) Improvement Program
Date of Contract: 10/2014
Date of Completion: 06/2017
Consultant Project Manager:

Greg Thompson, PE, QSD/QSP, CASp,
[email protected]
Graaf Avenue Improvements – Ridgecrest, CA
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Consultant Information, Qualifications & Experience
Safe Drinking Water State Revolving
Fund Arsenic Mitigation Project
Bakersfield, CA
Contracting Agency:

Greenfield County Water District
551 Taft Highway
Bakersfield, CA 93307
Project Manager/Contact Person:

Nick Cooper, General Manager
Ph: (661) 301-3823
Description: The Greenfield County Water District is a small water District on the South side of Bakersfield. All the water is provided from wells spread throughout the District. Arsenic has been detected in the water of all the wells, and two of the five wells have concentrations that are at or above the Maximum Containment level (MCL), depending on the time
of the year and the water level. QK was contracted to assist Arsenic Remediation Project – Greenfield County Water District the District in filing the Planning and Construction applications with the State Water Resources Control Board (SWRCB) and to provide a design and prepare construction documents in order to address the excessive levels of arsenic and comply with the SWRCB regulations. QK prepared a blending study, preliminary engineering report, final plans and specifications in accordance with Planning Funding Agreement SR11PX101.

Qk also provided bid services, award services, construction management services, and labor compliance monitoring
services for the project. QK acted as Owner Representative for the District in regard to construction of the work.

Contract Amount: $410,172
Funding Source: Safe Drinking Water State Revolvoing Fund (SDWSRF)
Date of Contract: 06/2012
Date of Completion: 06/2020
Consultant Project Manager:

City of Dos Palos
2174 Blossom Street
Dos Palos, CA 93620
Project Manager/Contact Person:

Dewayne Jones, City Manager
Ph: (209) 392-2174
Description: In June of 2020, the water treatment plant in the City of Dos Palos became clogged with algae throughout its filtration system. A temporary filtration system and additives to reduce algae concentration were installed, and QK has been working through the emergency with the State Water Resources Control Board on a permanent solution to the
problem.

QK’s engineering team assisted the City with a grant
application and in December 2020, the City was approved for an $11 million funding package to replace its existing water treatment plant (WTP) with a new 4 million gallons per day (MGD) WTP. The new WTP consists of a pretreatment facility designed with coagulant and powdered activated carbon
(POC) feeding facilities to remove Total Organic Carbon (TOC) in the source water and chlorine contact chamber(s) with higher baffling factors to reduce disinfection byproduct (DBP) formation. Our team is currently completing the project design which also includes:
• New pumping facility;
• Operations and treatment building;
• Chemical storage enclosure, tanks, and pumping
equipment;
• Equalization tank and clarifier for backwash;
• Sludge equipment consisting of a holding tank,
screw press skid, and conveyor;
• Standby generator with fuel tank;
• Field instrumentation controls and integration for
supervisory control and data acquisition (SCADA);
• Solar panels; and
• Screening structure and traveling screens at
Aqueduct.

QK is also providing construction project management
services for the project.

Contract Amount: $2,900,000
Funding Sources: Prop. 1, Water System Infrastructure
Improvements - Safe Drinking Water; Prop. 68 Water Quality/ Safe Drinking Water Program; Others State Funding Sources Date of Contract: 03/2017
Date of Completion: On-going
Consultant Project Manager:

Garth Pecchenino, PE; [email protected]
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North Valencia Boulevard
Improvements Project
City of Woodlake, CA
Contracting Agency:

City of Woodlake
350 N. Valencia Boulevard
Woodlake, CA 93286
Project Manager/Contact Person:

Ramon Lara, City Administrator
Ph: (559) 564-8055
Description: QK was successful in obtaining a Safe Routes to School grant and completing preliminary engineering and design services for the City of Woodlake through the new ATP. This project was the widening of a portion of North Valencia Boulevard/SR 245 to Sierra Avenue and installation of curb, gutter, and sidewalk to provide pedestrian and bicycle improvements to and from school sites in Woodlake.

Road improvements extended 840 feet west along North
Valencia Boulevard/SR 245 through the intersection with Sierra Avenue. Sidewalk improvements, and no road improvements, were made 155 feet west of Sierra Avenue and 140 east of Sierra Avenue. The project included the provision of pedestrian crossings on all legs at Sierra Avenue, which will be designed to meet ADA requirements. The project also included
appropriate signing, pavement delineation, installation of new flashing beacons, landscape repair, and the relocation of power poles along Sierra Avenue. Prior to completion of the project, there was no designated curb, gutter, and sidewalk along North Valencia Boulevard. Pedestrians walked in the unpaved shoulders, which was lined on both sides of the road with mature palm trees and sporadic hedges or other landscape installed by property owners. The project design included removal of the palm trees and leveling and grading of the proposed sidewalk areas. Six-foot wide sidewalks, ADA compliant pedestrian ramps, driveway approaches, storm
drainage, curbs and gutters were installed, and Class II bicycle lanes designated.

The project was part of Woodlake’s master plan concept
to provide pedestrian, bicycle and transit connectivity to shopping, living, office and recreational destinations in the downtown area, and to improve the aesthetic appearance and usefulness of downtown. The purpose of the project was to provide safe access to pedestrians and bicyclists going to and from the City’s schools from the surrounding residential neighborhoods, as well as from the downtown area south of the Project. Nearby projects, including one south of Whitney Avenue along SR 245, were constructed as Transportation Enhancement projects that did not require road widening or the installation of curbs and gutters.

QK provided engineering design and drafting, land surveying, ROW, utility coordination, bidding assistance, and construction administration, as well as assisted the City with administering the ATP funds and processing the project through Caltrans.

Consultant Information, Qualifications & Experience
34 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced QK’s environmental team prepared a Preliminary Environmental Scoping (PE) as well as several Caltrans-required technical documents to comply with NEPA requirements in order for the City to receive federal funding for the project. In addition, an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared to meet CEQA requirements. Additionally, QK conducted the NEPA-required biological surveys (nesting bird and bat) due to the removal of 10 palm trees lining the eastern side of North Valencia Boulevard and the removal of various vegetation within the City right of way.

Contract Amount: $105,400
Funding Sources: Safe Routes to School (SRTS) and Active Transportation Program (ATP)
Date of Contract: 03/2018
Date of Completion: 02/2019
Consultant Project Manager:

Monique Mello, PE, QSD/QSP; [email protected]
Lobo Avenue Street Upgrade
County of Merced, CA
Contracting Agency:

County of Merced
345 W. 7th Street
Merced, CA 95341
Project Manager/Contact Person:

Joe Giulian, Project Engineer
Ph: (559) 385-7601
Description: Road Improvements including curb/gutter,
sidewalks, AC paveout and drainage facilities on the north side of Lobo Avenue to improve pedestrian/student access from Franklin Road to Drake Avenue. Project is a Caltrans funded ATP project and involves coordination of design with a PG&E Rule 20A utility undergrounding project with the same limits.

QK services include surveying, design and improvement
plans, monument preservation, descriptions for property acquisitions/dedications, construction administration, asbuilts, and coordination with utilities.

Contract Amount: $182,108
Funding Sources: Active Transportation Program (ATP)
Date of Contract: 09/2016
Date of Completion: On-going
Consultant Project Manager:

Spencer Supinger, PE; Spencer. [email protected]
2018 SB1 Local Streets and Road
Resurfacing, Rehabilitation, and
Reconstruction
City of Delano, CA
Contracting Agency:

City of Delano
1015 Eleventh Avenue
Delano, CA 93216-3010
Project Manager/Contact Person:

Roman Dowling, Public Works Director/City Engineer
Ph: (661) 720-2219
Description: QK completed design services and preparation of the Plans, Specification and Estimate (PS&E) package for public bid for improvements to approximately 12 miles of portions of streets throughout the City of Delano. The project improved circulation safety by overlaying the existing structural pavement that was in distressed condition. The project included survey of curb returns without ramps along with design of curb ramps to comply with ADA requirements.

The project also included design of AC pavement overlay, location and raising of manhole lids, water valve lids and survey monument lids, and re-striping at the following locations:
• Lexington Street between Woollomes Ave and
Schuster Road
• Kensington Street between Cecil Ave and 6th Ave
• 22nd Ave between Girard Street and Oxford Street
• Dover Place between Garces Highway and 9th Ave
• Dover Place between 10th Ave and 12th Ave
(800) 955-7599 | QKinc.com 35
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Consultant Information, Qualifications & Experience
• Dover Street between Garces Highway and 12th Ave
• Clinton Street between Cecil Avenue and 20th Ave
• Belmont Street between Garces Highway and 8th
Ave
• Belmont Street between 11th Avenue and 14th Ave
• Asti Street between 1st Avenue and Garces HWY
• Austin Street between Garces Highway and 8th Ave
• Belmont Street between Cecil Avenue and 20th
Street
QK also provided topographic surveying and environmental compliance (CEQA Categorical Exemption), assisted with
bidding, and provided design support as needed by the City during the construction of the project.

Contract Amount: $155,000
Funding Source: Senate Bill 1 (SB1)
Date of Contract: 03/2018
Date of Completion: 01/2019
Consultant Project Manager:

Jeff Cowart, PE; [email protected]
36 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Many of our staff members proposed for this project have received training through the “Federal-Aid Project Development Training for Local Agencies,” hosted by Caltrans. This training is intended to train local agency personnel, including contract staff such as QK, to successfully process their federally funded projects from inception to completion. QK continues to send our staff to these trainings to remain current on any changes to the forms and/or process. This helps our clients have confidence in our staff as we assist them in processing their federal- and state-funded projects.

Related Federal- and State-Funded Project Highlights

FEDERAL FUNDS GRANTED TO STATE
• Highway Safety Improvement Program
(HSIP)
• Congestion Mitigation and Air Quality
Program (CMAQ)
• Safe Routes to Schools Program (SRTS)
• Community Development Block Grants
(CDBG)
• Transportation Alternatives Set-Aside
Program
• Regional Surface Transportation Program
(RSTP)

FEDERAL PROGRAMS
• Economic Development Administration
• U.S. Department of Agriculture (USDA)
• Federal Transportation Improvement
Programs (FTIP)
• Economic Development Block Grants
(EDBG)
• American Rescue Plan Act of 2021
(ARPA)
FEDERAL AND STATE – COMBINED:
• Drinking Water State Revolving Fund
• Clean Water State Revolving Fund
• Active Transportation Program (ATP)

STATE PROGRAMS
• SB 1 Local Streets and Roads Program
(SB-1)
• State Revolving Funds
• Proposition 50 and 84 Funding
• State Transportation Improvement
Programs (STIP)
Familiarity with State & Federal Funding and Caltrans Local Assistance Federal and State Funding Experience
For decades, QK has successfully assisted public agencies in developing and completing their projects with a variety of funding sources. QK and our proposed team have worked with numerous funding programs for a variety of project types. State- and federally funded projects completed have used funds from the following sources:
• Highway Safety Improvement Program (HSIP)
Grant – Delano, CA
• Cycle 6 HSIP Derby/SR 223 Intersection
Improvements, Arvin, CA
• HSIP Various Locations Road Improvements –
Kings County, CA
• Cycle 6 HSIP Tehachapi Boulevard Improvements –
Tehachapi, CA
• South Farmersville Boulevard Safe Routes to
Schools Project – Farmersville, CA (ATP)
• East Walnut Avenue Improvements – Farmersville,

CA (ATP)
• W. Walnut Avenue Reconstruction and Safe Routes
to School Project – Farmersville, CA (ATP & STP)
• Palm Street Improvement Project – Exeter, CA
(STP)
• Glaze Avenue Project – Exeter, CA (CMAQ)
• Visalia Road (Avenue 280) Improvements –
Farmersville, CA (STIP)
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(800) 955-7599 | QKinc.com 37
• Multi-Phased Downtown Enhancement Projects –
Woodlake, CA (TE, CMAQ, PTMISEA)
• North Valencia Boulevard Street Improvements
Project – Woodlake, CA (ATP)
• Castle Rock Safe Routes to School Project –
Woodlake, CA (ATP)
• CMAQ & ARRA Funded Overlay Projects –
Corcoran, CA
• Ramps, Curb, Gutter and Sidewalk Improvements –
Delano, CA (CDBG)
• Graaf Avenue Improvements – Ridgecrest, CA
(CMAQ)
• North Warner Street Improvements – Ridgecrest,

CA (CMAQ)
• South Sunland Avenue Street Improvements –
Ridgecrest, CA (CMAQ)
• Downs Street Rehabilitation – Ridgecrest, CA
(RSTP)
• Franklin Street Improvements (ATP) – Arvin, CA
• Varsity Avenue RSTP Reconstruction Project –
Arvin, CA
Caltrans Local Assistance and
Local Assistance Procedures
Manual Experience
QK team members have extensive experience in working with Caltrans District 6 and have good relationships with local assistance engineers and staff. We know how to manage
and stay in compliance with the LAPM process from project initiation through completion. In addition, our project team leads including Jeff Cowart, Monique Mello, Spencer Supinger, and Kevin Gross serve some Valley cities as contract City Engineer, where part of their role is to be the LAPM advisor to the cities they serve.

As the City of Chowchilla pursues more public funding, we are happy to help unburden you from this often cumbersome process.

QK HAS PARTNERED

WITH ALL OF OUR LISTED

SUBCONSULTANTS ON

MANY PROJECTS OVER
THE YEARS.

OUR TEAMS HAVE

WORKED TOGETHER

THROUGH COUNTLESS

INFRASTRUCTURE

CHALLENGES AND

EACH TEAM MEMBER

HAS SUCCESSFULLY

PROVIDED THESE

REQUIRED SERVICES

TO MUNICIPALITIES

THROUGHOUT THE
STATE OF CALIFORNIA.
(800) 955-7599 | QKinc.com 39
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Organization & Approach
Organization & Approach
Roles and Organization of Proposed Team
For this contract, we have selected a team of professionals with extensive experience in providing similar services for public agencies. In addition, each team member has either worked for a local government agency in the past or has a substantial history of providing consulting services to public clients, including City of Chowchilla. This core team, led by Merced Branch Manager Spencer Supinger, PE (Project Manager/Primary Contact) and VP of Technical Services Garth Pecchenino, PE, PLS (Principalin-Charge), is supported by a larger group of innovative and experienced professionals who deliver a coordinated approach for all the interrelated technical services needed to deliver successful projects to the City.

The following organizational chart describes the roles and organization of the proposed project team, including subconsultants, that will be responsible for ensuring all necessary tasks are completed for City projects. • Project Management & Agency Coordination
• Preliminary Engineering Studies
• Surveys and Mapping
• Landscape Architecture
• Hydraulics
• Environmental Studies & Documentation
• Utility Coordination
• Right of Way Phase & Determination
• Design
• Coordination with Adjacent Properties
• Construction Phase Authorization
• Bid Process
• Construction Management
• Grant Administration
• Geotechnical
Engineering
• Electrical Engineering
• ROW Assistance
• Environmental
Engineeiring
• Hydrogeology
• Environmental Studies:
- Cultural Resources
- Paleontological
Resources
DBE
• Traffic Control
Plan Review
DBE
DBE
• ITS
• Traffic Operations
• Signing & Striping
• Environmental
Studies:
- Air Quality Analysis
- Greenhouse Gas
Analysis
- Noise Analysis
- Traffic Impact
Assessments
• Structural
Engineering
• Potholing
DBE
40 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Subconsultants
The following subconsultant teaming partners will assist QK in providing all services necessary under this on-call services contract.

Subconsultant Firm Name Project Role
Cornerstone Structural Engineering Group Structural Engineering Blackburn Consulting Geotechnical Engineering
VRPA Technologies, Inc. (DBE) Traffic Operations
ITS
Signing & Striping
Environmental Studies:

Air Quality/Greenhouse Gas Analysis
Noise Analysis
Traffic Impact Assessments
Cogstone Resource Management, Inc. (DBE) Environmental Studies:

Cultural Resources & Paleontological Resources
Willbanks Environmental Consulting, Inc. (DBE) Environmental Engineering Hydrogeology
HCS Engineering, Inc. Electrical Engineering
Hamner Jewel & Associates ROW Assistance
West Valley Construction Company Potholing
Alert-O-Lite, Inc. (DBE) Traffic Control Plan Review
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BCI’s materials testing staff are certified by Caltrans, International Code Council (ICC), and the American Concrete Institute (ACI). Many of our field staff are certified special inspectors in Reinforced Concrete, Masonry, and Structural Steel through ICC and have experience performing source inspection. Each staff member is familiar with Caltrans Standard Specifications and the frequency of testing required by the Caltrans Construction Manual and Local Assistance Procedures Manual (LAPM). BCI’s materials testing staff provide the experience and the professionalism to navigate contractor issues and implement the construction standards and design team’s vision.

VRPA TECHNOLOGIES, INC. (DBE/WBE/UDBE)
– TRAFFIC OPERATIONS, ITS, SIGNING &

STRIPING, ENVIRONMENTAL STUDIES
VRPA Technologies, Inc. uniquely combines engineering
expertise and professionalism with creative thinking and innovative problem solving. The result is an extraordinary transportation engineering and planning firm that possesses the essential expertise as well as the ability to look across disciplinary boundaries for solutions others may overlook.

This innovative approach is evident by the expanse of
services available to VRPA Technologies diverse clientele, which includes both the public and private sectors consisting of state governments, regional agencies, counties and cities, as well as private planning/engineering firms. Each client receives what VRPA Technologies is known for…on time, on target, on budget professional service.

VRPA Technologies, Inc. offers comprehensive consulting services throughout the State of California, other Western States, and the East Coast. Specialized fields of service include transportation planning/modeling, circulation and traffic engineering analysis, transportation demand and systems management, infrastructure financial planning, Intelligent Transportation Systems (ITS) planning and integration, as well Organization & Approach

CORNERSTONE STRUCTURAL ENGINEERING
GROUP – STRUCTURAL ENGINEERING
Cornerstone Structural Engineering Group has been providing structural engineering design services on transportation projects to public agencies, developers, and other professional clients on a wide variety of bridge and infrastructure projects since 2004. As a registered Small Business Enterprise (SBE) with offices in Fresno and San Francisco, we have intentionally chosen to focus our Transportation practice on structural design, preferring to work with project-specific civil engineering subconsultants or local agency staff to perform the roadway design. Our senior staff members are all licensed Structural Engineers and bridge design experts trained to emphasize technical design, economy, and constructability on all of our projects. Our current growing staff of 26 includes six licensed SE’s, 13 licensed PE’s, as well as support staff. Our extensive portfolio of work, combined with the accessibility and
outstanding communication skills of our Project Managers makes us an ideal fit for your project.

BLACKBURN CONSULTING, INC. –

GEOTECHNICAL ENGINEERING
Blackburn Consulting (BCI) formed
in 1998 with a commitment
to excellence. BCI provides
geotechnical/geo-environmental
consulting, materials testing, and
construction inspection services. We
are a certified small business with offices in Fresno, Auburn, and West Sacramento, California. BCI is committed to public sector projects and stays current with state and local agency requirements. This translates into efficient analysis, less review time, and practical solutions. BCI specializes in bridges, roadways, tanks, pipelines, water/wastewater treatment
plants, landslide mitigation, levees, and dams. We have a strong reputation for quality because we take the time to do things right.
42 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced

WILLBANKS ENVIRONMENTAL
CONSULTING, INC. (DBE) - ENVIRONMENTAL

ENGINEERING/HYDROGEOLOGY
Established in 2014, Willbanks Environmental Consulting (WEC), Inc. is a professional services firm specializing in environmental project management, environmental
engineering, permitting, and compliance. WEC offers
comprehensive, professional services to both private- and public-sector clients and have a proven track record of successful project completions. WECs main focus includes environmental consulting, project site assessments,
remediation system design and construction, environmental compliance, and site closeouts.

WEC’s team is comprised of professionals with a vast range of experience in various environmental fields with over 30 years combined environmental, geology, and civil engineering project management experience. WEC navigates regulatory, technical, and logistical challenges to develop and implement practical solutions by:
• Conducting a thorough evaluation of current site
conditions to develop an effective plan to achieve
site closure;
• Negotiating cleanup goals with regulatory agencies
during project development;
• Applying regulatory knowledge and acting as the
client advocate;
• Considering standard traditional approaches as well
as innovative alternatives;
• Assessing and managing client risk;
• Efficiently executing site clean-up strategies.

WEC Professionals have extensive knowledge and experience in the following areas:

Site Assessments:
• Soil, soil vapor, and groundwater investigations,
monitoring, and remediation
as mass transportation, bicycle, non-motorized, and aviation planning and design. Furthermore, VRPA Technologies, Inc. has extensive experience in public outreach, land use modeling, regional housing needs assessment, environmental analysis, and air quality and noise planning and modeling. VRPA has been very successful with development of complicated and controversial transportation projects because we also handle the public outreach components for those same projects
with well-seasoned staff from around the State. In a position to utilize this broad experience base is an energetic staff equipped with the necessary tools and “can do” attitude to ensure a successful outcome to every challenge undertaken.

Georgiena Vivian, President/Principal, founded VRPA
Technologies, Inc. in 1988. Under Ms. Vivian’s leadership, the firm has completed over 1,000 successful transportation planning/modeling, environmental, air quality planning, engineering and Intelligent Transportation Systems (ITS) projects.

VRPA Technologies is a registered Disadvantaged Business Enterprise (DBE) under the California Unified Certification Program, certified as a Women Business Enterprise (WBE), qualifying as an Underutilized Disadvantaged Business
Enterprise (UDBE), and is also a State of California Small Business/Microbusiness.
(800) 955-7599 | QKinc.com 43
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COGSTONE RESOURCE MANAGMENT, INC. -

CULTURAL/PALEONTOLOGICAL RESOURCES
Cogstone Resource Management, Inc. (Cogstone) is
a California corporation and DBE that specializes in
paleontology, archaeology, and history. Established in 2001, the firm maintains its headquarters in Orange, California.

Cogstone has additional offices in San Diego, Riverside, Morro Bay, Sacramento, and Arizona. Cogstone has provided quality environmental services to assist clients in meeting project compliance requirements for federal, state, and local regulations, including the California Environmental Quality Act (CEQA), the National Environmental Protection Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), the Native American Graves Protection and Repatriation Act (NAGPRA), among others.

Cogstone recognizes the importance of producing thorough and defensible work products that stand up to both industry review and legal challenge. This includes every facet of the cultural resource management process, from initial
review and client consultations through implementation of mitigation programs during construction to reporting and public outreach. They offer our clients a highly skilled team of in-house scientists and field personnel; a management staff of experienced leaders; and laboratory facilities needed for effective scientific investigation. We deliver timely, thorough, and cost-effective solutions. Key personnel meet the standards outlined in Attachment 1 to Caltrans Section 106 Programmatic Agreement with the FHWA; and Chapter
1, Volume 8, on paleontology and Chapter 2 on cultural
resources, of the Caltrans Standard Environmental Reference.

Cogstone has managed over 1,000 projects which have
included transportation projects and task orders for Caltrans District 6, 9, and 10 and various other regional transit agencies and municipalities. Cogstone has completed technical reports, significance evaluations, planning documents, mitigation plans, mitigation monitoring, testing and data recovery on Organization & Approach
Water Quality/Supply:
• Water well design and installation, water quality
• Assessments
Permitting/Compliance:
• Waste Discharge Requirements
• National Pollutant Discharge Elimination Systems
Permits, Building Permits
• Storm Water Pollution Prevention Plans
• Spill Pollution Prec
• Control and Countermeasure Plans, Public Water
Supply Permits
General Environmental Compliance:
• Regional Water Resources Control Board,
Department of Toxic Substances Control,
Environmental Protection Agency, State of California
and local municipal requirements.

HAMNER, JEWELL & ASSOCIATES -

RIGHT OF WAY ASSISTANCE
Hamner, Jewell & Associates is a
specialized real estate consulting
firm that has provided right
of way and governmental real
estate acquisition, appraisal, and
relocation services specifically to
local public agencies since 1977.

Their extensive client list includes public utilities, municipalities, counties, school districts, special districts, redevelopment agencies, nonprofit housing organizations, private developers, and engineering firms. Hamner, Jewell & Associates has
extensive experience working on federally funded projects, completing right of way and property acquisition in
conformance with Caltrans Local Assistance requirements per the Local Assistance Procedures Manual. They have completed numerous bridge projects that utilized HBP federal funds, highway projects under FHWA/Caltrans, and have acquired transit maintenance sites under FTA funding. Hamner, Jewell & Associates has acquired right of way for the High-Speed Rail Project under FRA requirements. They have also acquired avigation easements under FAA funding requirements and have recently been working on property acquisitions for the Santa Barbara County Flood Control District that are being funded by FEMA. Thus, their experience in acquiring property rights for federally funded projects is extensive. They also provide performance and budgetary reports to support our client’s funding documentation needs.

Hamner, Jewell & Associates’ primary specialization is
acquiring real property rights, including easements and other partial interests, and providing mandated relocation assistance to property occupants on behalf of entities with the authority to acquire property by eminent domain. Their services are designed with the specific intent of successfully acquiring property by agreement, minimizing the instances in which eminent domain action might otherwise be required, but
preserving the acquiring agency's right to initiate such action should it become a necessity.
archaeological, architectural or paleontological resources for small and large-scale public works projects involving improvements and new construction for roads, freeways,
interchanges, bridges, and countless other infrastructural facilities.

HCS ENGINEERING, INC. –

ELECTRICAL ENGINEERING
Led by Richard C. Smith, Principal Electrical Engineer and Company Owner, the staff at HCS combines for decades
of engineering experience with a diversity of backgrounds which has enabled them to complete an extensive portfolio of engineering projects in Northern California.

HCS’s Stockton location gives them easy access to projects throughout the San Joaquin Valley.

HCS Engineering provides the following electrical engineering consulting services:
• Parking Lot & Exterior Lighting
• Water/Wastewater Pump Station Design
• Substation & Utility Distribution Systems
• Lighting Design
• Substation Design
• Lighting Surveys/Studies
• Electrical Power & Load Studies
• Building Electrical System Design
• Coordination of Protective Devices
• Industrial Control System Design
• Parking Lot and Exterior Lighting
• Electrical Distribution System Design
• Short Circuit Calculations
• Energy Compliance Documentation
• Solar Power Integration
• Sports Field & Park Lighting Design
• Fire Alarm Systems Design
(800) 955-7599 | QKinc.com 45
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ALERT-O-LITE, INC. (WBE/SBE/DBE/UDBE) -

TRAFFIC CONTROL PLAN REVIEW
Alert-O-Lite, Inc. is the Central Valley’s leader in construction supplies, equipment rental and services, regulatory and custom signs, barricade and shoring rentals, sales and
services. Located in Fresno, California, Alert-O-Lite provides traffic control services, plans and equipment to Contractors, Municipalities, School Districts, Hospitals, Governmental Agencies, Caltrans, Private Businesses, Homeowners, and others. In addition, they are a full-service dealer for many manufacturers including Stihl, Wacker, Yamaha, Multiquip, Partner, Addco, Allmand, and many more.

Alert-O-Lite is a certified Women Business Enterprise (WBE), Small Business Enterprise (SBE), Disadvantaged Business Enterprise (DBE), and Underutilized Disadvantaged Business Enterprise (UDBE) and is licensed by the State of California as a traffic control and sign contractor.

Organization & Approach
Hamner, Jewell & Associates has acquired temporary and
permanent easements or fee interests for roadways, bridges, sewer lines, waterlines, well sites, utilities, greenbelts, parks and construction areas. They have also acquired access
rights, air rights, slope easements, drainage easements, and properties for redevelopment projects and capital improvement projects such as parks, public parking lots, bridges and sewer expansion projects. All of their work is done in accordance with the professional and ethical standards of the International Right of Way Association (IRWA) and in accordance with the provisions of the California Government Code, the federal Uniform Act, Caltrans and FHWA policies and procedures, and other applicable statutes and guidelines. They are familiar with, trained and experienced in implementing Caltrans and FHWA right of way acquisition requirements, and we routinely work with projects that are subject to Caltrans monitoring, oversight, and approvals.

WEST VALLEY CONSTRUCTION COMPANY -

POTHOLING
West Valley Construction Company (WVCC) is the
underground utility construction specialist. Founded in 1958, West Valley Construction has been delivering solid, consistent performance for over 58 years. WVCC has developed a
reputation for conducting business in an ethical, conservative manner, focusing on doing the work they do well.

WVCC has extensive experience in all types of underground utility construction projects including water, gas, power, storm water, waste water and telecommunications infrastructure. In addition, WVCC offers a full-range of options to increase the time-and cost-efficiency of any job, from pre-construction and design-build services to flexible annual contracts.
46 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Number of Staff
QK has a diverse staff of more than 135 employees including the following in-house professionals:

QK is a multi-disciplined professional services firm and employs engineers, land surveyors, planners, landscape architects, construction managers, biologists, and environmental compliance professionals, who work together to provide solutions to our clients’ most complex infrastructure projects. Our diverse team of subject-matter experts takes pride in helping California’s communities live richer, healthier lives while minimizing our environmental impact. We are dedicated to providing a phenomenal Client Experience from concept through completion. 25 REGISTERED PROFESSIONAL ENGINEERS
15 SURVEYORS (8 PLS)
14 FAA-CERTIFIED DRONE PILOTS
15 LAND USE

AND ENVIRONMENTAL PLANNERS
4 CONSTRUCTION MANAGERS
2 LICENSED LANDSCAPE ARCHITECTS
10 ASSOCIATE/ASSISTANT ENGINEERS
15 ENVIRONMENTAL SCIENTISTS
2 GIS SPECIALISTS
10 CADD TECHNICIANS/DESIGNERS
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Organization & Approach
Facilities Available
Work for the City of Chowchilla will be managed by Merced Branch Manager/Senior Engineer Spencer Supinger, PE who is located in QK’s Merced office. Our proposed project team members are located throughout QK’s six California offices in Merced, Clovis, Visalia, Porterville, Bakersfield, and Hanford (formerly Zumwalt-Hansen & Associates).

Experience of Team
As a firm, QK has served the City of Chowchilla for more than 6 years. Our team’s experience is more clearly defined in the resumes included as Appendix A.

QK Office
Full-time Remote Staff
City of Chowchilla
48 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Project and Management Approach
Project Management
QK employs a rigorous project delivery strategy that includes an early focus on identifying our client’s expectations for each project and identification of specific strategies that the team can adopt to achieve those expectations. This process is thoroughly documented and followed through to the
completion of the project.

Understanding they play a critical role in ensuring client success, our project managers, as well as all staff members, utilize the Deltek® Vision system as the primary tool for comprehensive project management. The system allows for project planning, reporting, monitoring, and billing — all in real time. With the information provided, the project manager can monitor the scope, schedule, budget, staffing levels, and critical funding requirements. For the City of Chowchilla, this means that information can be provided when it is needed – accurately and timely. This tool allows QK the consistent ability to be flexible and responsive.

In addition, all QK project managers follow a detailed schedule to monitor each project. This basic schedule includes, at a minimum, the following:
• Weekly Reports: Project summary, deliverables,
and schedule
• Bi-weekly Reports: Accounts receivable
• Monthly Reports: Executive review of all work in
process, invoices, and project/client updates Real-Time Project Tracking
Project Planning
Budget
Schedule
Communication
Quality
Team
Project Management
In addition to corporate general accounting
procedures, QK uses Deltek® Vision project-andcost-tracking software to manage each project. The system provides up-to-the-minute tracking capabilities
including budget, schedule, and human and capital
resources.
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Quality Management Program
QK has implemented a formal Quality Management Program
(QMP) which outlines the key mandatory quality assurance and quality control procedures required for all projects undertaken by the company. A project management plan is prepared for every project. This plan includes the quality control and quality assurance (QA/QC) process to be utilized for each project.

The quality assurance procedure involves collaboration
between the project manager and the reviewers to assure that all comments made as a part of the review have been addressed to the satisfaction of the person making the review.

After a review has been completed, affected team members are assembled to discuss comments. This meeting identifies opportunities to resolve problems early, and allows the team to improve the company’s processes and knowledge sharing.

If appropriate, “best practices” may be identified that should be considered for adoption on a company-wide basis.

QK's QMP is a
n o - e x c e p t i o n s
c o m p a n y - w i d e
policy.

Independent
Third Party Required:

Qualified individual not involved in
design or preparation of the plans
or documents being reviewed.

Individual Quality Pledge:

Annually, each team member is
required to sign a Quality Pledge
agreeing to uphold the company’s
QMP process.

No Exceptions:

QMP review takes priority over
all other project considerations,
including schedule and budget.

Accountability:

Reviewer must sign off on the
final deliverable before it leaves
the office.

Specific Area of Review
Identified:

Responsibility of reviewer
specified in advance. All areas
of the QMP must be covered for
every project.

Qualified Reviewer:

Must be, at a minimum, peer level
or higher (experience) possessing
skills appropriate for the area
being reviewed.

Quality
Management
Program [ QMP ]
Organization & Approach
50 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Team Member Title Role
QK
Garth Pecchenino, PE, PLS Vice President of Technical Services/ Principal Engineer/Principal Surveyor
Principal-in-Charge/
Project Engineer (Hydraulics)
Spencer Supinger, PE Merced Branch Manager
Project Manager/Primary Contact/
Project Engineer (Hydraulics)/
Grant Administration
Jeff Cowart, PE Vice President of Municipal Services
& Quality Control / Principal Engineer QA/QC Review/Grant Administration Monique Mello, PE, QSD/QSP Senior Project Manager Project Engineer/Grant Administration Kevin Gross, PE Senior Project Manager Project Engineer Brian Shoener, PE Senior Engineer Project Engineer (Water/Wastewater) Rebekah Godett, PE Senior Associate Engineer Engineering Design Support (Hydraulics) John McGee, LLA Senior Landscape Architect Landscape Architect Tony Ignacio, LLA, LEED AP (BD+C) Senior Landscape Architect Landscape Architect Antonio Westerlund, PLS, CFedS Senior Land Surveyor Land Surveying/Mapping/ROW Determinations Jaymie Brauer Principal Planner Environmental Compliance (CEQA/NEPA) Annalisa Perea, AICP Senior Planner Environmental Compliance (CEQA/NEPA) Curtis Uptain Principal Biologist Biological Resources
Gaelle Collin Assistant Project Manager/
Utility Project Coordinator Utility Coordination
Greg Thompson, PE, CASp, QSD/QSP Senior Construction Manager ADA Compliance (CASp)/Bidding Assistance/ Construction Management
Kelly Riddle, PMP Director of Construction Project
Management Construction Management
Ismail Niazzy, EIT Associate Engineer Construction Observation Cathy Williams, PE, QSD/QSP, ENV SP Senior Engineer/Assistant Branch Manager - Bakersfield Project Engineer/Grant Administration Project Team Resumes & References
QK professional and technical staff work collaboratively to deliver programmatic services to our municipal clients, including the City of Chowchilla.

While our key staff have references listed on their resumes, we submit the following firm references whom we invite you to call to discuss the quality of the team.
• Jennifer Gomez, City Manager, City of Farmersville, Ph: (559) 747-0458 • Roman Dowling, Public Works Director/City Engineer, City of Delano, Ph: (661) 720-2219 • Ramon Lara, City Administrator, City of Woodlake, Ph: (559) 564-8055 Resumes for the following team members are located in Appendix A to this SOQ. (800) 955-7599 | QKinc.com 51
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Team Member Title Role
Cornerstone Structural Engineering Group
Shawn M. Cullers, SE Principal-in-Charge Principal-in-Charge - Structural Engineering Mark A. Weaver, SE Senior Engineer Structural Engineering Blackburn Consulting
Robert B. Lokteff, CE, GE Principal Geotechnical Engineer Geotechnical Engineering & Materials Testing David J. Morrell, PE, GE Senior Project Manager Geotechnical Engineering & Materials Testing Robert L. Sandquist, PE Senior Engineer Geotechnical Engineering & Materials Testing Laura Long, Geo-Environmental Engineer Geotechnical Engineering VRPA Technologies, Inc. (DBE)
Georgiena Vivian President Principal-in-Charge - VRPA
Erik O. Ruehr, PE Director of Traffic Engineering Transportation & Traffic Engineering Willbanks Environmental Consulting, Inc. (DBE)
Noelle A. Willbanks, PE Principal Engineer Environmental Engineering Burton E. Gilpin, PG, CEG, CHG Professional Geologist Hydrogeology Cogstone Resource Management, Inc. (DBE)
Molly Valasik Task Manager Project Manager - Cogstone
John Gust Principal Investigator for Archaeology Archeology Shannon Lopez Architectural Historian Cultural Resources Kim Scott Principal Investigator for
Paleontology Paleontology
HCS Engineering, Inc.

Richard C. Smith, PE Principal Electrical Engineer Electrical Engineering Hamner Jewell & Associates
J.T. Katavich Right of Way Agent ROW Acquisition
Organization & Approach
Roles and Availability of Proposal Project Team
QK does its best to utilize our professional and technical staff at a rate of 95% of total time. As shown in the table on the following page, this is demonstrated by the projected availability for each team member to be assigned to projects specifically for the City of Chowchilla under this new on-call contract, as well as the projected amount of time we expect to have them allocated on other projects for other clients at that same time.

Because of QK’s investment in Deltek® Vision project planning and management software, as well as our deep bench of professionals at all levels, we can, and do, adjust planned work and reallocate staff as needed to support the needs of the City at the time of contract for individual projects.
52 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Team Member Title Role
% Available to
serve the City
of Chowchilla
under this
contract
Current
Workload:
% of time
allocated
to existing
projects
QK
Garth Pecchenino, PE, PLS
Vice President of Technical
Services / Principal Engineer /
Principal Surveyor
Principal-in-Charge/
Project Engineer
(Hydraulics)
30% 65%
Spencer Supinger, PE Merced Branch Manager
Project Manager/Project
Engineer (Hydraulics)/
Grant Administration"
50% 45%
Jeff Cowart, PE
Vice President of Municipal
Services & Quality Control /
Principal Engineer
QA/QC Review/
Grant Administration 30% 65%
Monique Mello, PE, QSD/
QSP Senior Project Manager Project Engineer/
Grant Administration 30% 60%
Kevin Gross, PE Senior Project Manager Project Engineer 30% 65% Brian Shoener, PE Senior Engineer Project Engineer (Water/ Wastewater) 40% 55%
Rebekah Godett, PE Senior Associate Engineer Engineering Design Support (Hydraulics) 40% 55%
John McGee, LLA Senior Landscape Architect Landscape Architect 30% 65% Tony Ignacio, LLA, LEED AP
(BD+C) Senior Landscape Architect Landscape Architect 30% 65% Antonio Westerlund, PLS,
CFedS Senior Land Surveyor Land Surveying/Mapping/
ROW Determinations 50% 45%
Jaymie Brauer Principal Planner Environmental Compliance (CEQA/NEPA) 40% 55%
Annalisa Perea, AICP Senior Planner Environmental Compliance (CEQA/NEPA) 40%
55% allocated
aside from
time spent
on projects
for City of
Chowchilla
Curtis Uptain Principal Biologist Biological Resources 40% 55% Gaelle Collin Assistant Project Manager/
Utility Project Coordinator Utility Coordination 70% 25% Greg Thompson, PE, CASp,
QSD/QSP Senior Construction Manager
ADA Compliance (CASp)/
Bidding Assistance/
Construction Management
40% 55%
Kelly Riddle, PMP Director of Construction Project
Management Construction Management 60% 35%
Ismail Niazzy, EIT Associate Engineer Construction Observation 70% 25% (800) 955-7599 | QKinc.com 53
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Team Member Title Role
% Available to
serve the City
of Chowchilla
under this
contract
Current
Workload:
% of time
allocated
to existing
projects
Cathy Williams, PE, QSD/

QSP, ENV SP
Senior Engineer/Assistant
Branch Manager - Bakersfield
Project Engineer/
Grant Administration 25% 70%
Additional QK Resources
Aastha Goyal, PE Senior Associate Engineer Engineering Design Support 70% 25% Alejandro Ortega, PE Senior Associate Engineer Engineering Design Support 50% 45% Chris Bender, PE Senior Associate Engineer Engineering Design Support 70% 25% Haley Miller, PE Senior Associate Enginer Engineering Design Support (Hydraulics) 50% 45%
Ryan Jackson, PLS Senior Associate Surveyor Land Surveying/Mapping/ ROW Determinations 50% 45%
Jennifer Salazar, LSIT Senior Associate Surveyor Land Surveying/Mapping 50% 45% William Kenik, PE Senor Construction Manager Construction Management 60% 35% Michael Hernandez Associate Construction
Manager Construction Observation 70% 25%
Trevor Stearns Senior Associate Planner Environmental Compliance (CEQA/NEPA) 40% 55%
Martina Pernicano, PhD Principal Environmental
Scientist Biological Resources 40% 55%
Cornerstone Structural Engineering Group
Shawn M. Cullers, SE Principal-in-Charge Principal-in-Charge - Structural Engineering 10% 80%
Mark A. Weaver, SE Senior Engineer Structural Engineering 40% 50% Blackburn Consulting
Robert B. Lokteff, CE, GE Principal Geotechnical Engineer Geotechnical Engineering & Materials Testing 30% 60%
David J. Morrell, PE, GE Senior Project Manager Geotechnical Engineering & Materials Testing 30% 60%
Robert L. Sandquist, PE Senior Engineer Geotechnical Engineering & Materials Testing 30% 60%
Laura Long Geo-Environmental Engineer Geotechnical Engineering 30% 60% VRPA Technologies, Inc. (DBE)
Georgiena Vivian President Principal-in-Charge - VRPA 30% 60% Erik O. Ruehr, PE Director of Traffic Engineering Transportation & Traffic Engineering 30% 60%
Willbanks Environmental Consulting, Inc. (DBE)
Noelle A. Willbanks, PE Principal Engineer Environmental Engineering 30% 60% Burton E. Gilpin, PG, CEG,
CHG Professional Geologist Hydrogeology 30% 60%
Organization & Approach
54 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Team Member Title Role
% Available to
serve the City
of Chowchilla
under this
contract
Current
Workload:
% of time
allocated
to existing
projects
Cogstone Resource Management, Inc. (DBE)
Molly Valasik Task Manager Project Manager - Cogstone 30% 60% John Gust Principal Investigator for
Archaeology Archeology 30% 60%
Shannon Lopez Architectural Historian Cultural Resources 30% 60% Kim Scott Principal Investigator for
Paleontology Paleontology 30% 60%
HCS Engineering, Inc.

Richard C. Smith, PE Principal Electrical Engineer Electrical Engineering 30% 60% Hamner Jewell & Associates
J.T. Katavich Right of Way Agent ROW Assistance 30% 60% West Valley Construction Company (Staff information available on request for Potholing) Alert-O-Lite (DBE) (Staff informaton available on request for Traffic Control Plan Review) (800) 955-7599 | QKinc.com 55
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Conflict of Interest Statement
Conflict of Interest Statement
QK will comply with Section 4 of the RFP and disclose any conflicts of interest throughout the term of the contract if awarded. 56 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced This page left intentionally blank.
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Litigation
Litigation
QK is not currently, nor have we been involved in any litigation related to our professional services in the past 5 years. 58 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced This page left intentionally blank.
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Contract Agreement
Contract Agreement
Contract Revisions
QK has reviewed the RFQ Attachment A - Sample Contract Agreement and proposes modifications to the language as follows:

12. Delay Damages. Time is of the essence with respect to this Agreement and the Work performed by Consultant under each Task Order. Consultant’s failure to timely complete the Work may result in the assessment of delay damages, if Delay Damages are expressed in a particular Task Order. The actual occurrence of damages and the actual amount of the damages which City would suffer for such delayed completion of a Task Order are impracticable and extremely difficult to calculate. Damages which City would suffer in the event of such delay include, but are not limited to, loss of the use of the other contractor’s work and the project, disruption of activities, costs of administration and supervision, and the incalculable inconvenience and loss suffered by the public. Accordingly, the parties agree that the amount set forth herein shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the project is delayed. There is no amount listed and Delay Damages are not applicable unless specified in a Task Order.

18. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other tangible work product generated by or produced for Consultant or its subcontractors in connection with the Work, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Any re-use by the City of the Work Product in completed or uncompleted form will be at the City’s sole risk and without liability to Consultant. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work products shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

25. Indemnity and Defense. Consultant hereby agrees to indemnify, including the cost to defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant or its subcontractors relating to the performance of Work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole or active negligence or willful misconduct. Consultant’s duty to defend obligation shall be limited to Consultant’s proportionate percentage of fault, as described in Civil Code Section 2782.8. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

34. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into 60 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced by City and Consultant in the County of FresnoMadera, California. Consultant shall perform the Work required under this Agreement in the County of FresnoMadera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in FresnoMadera County.

Proposal Statement
QK’s proposal shall remain in effect for ninety (90) days following the date proposal submittals were due (April 18, 2022). (800) 955-7599 | QKinc.com 61
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Federal-Aid Provisions
Federal-Aid Provisions
QK staff is familiar with Caltrans design standards and specifications, the Local Assistance Procedures manual (LAPM), DBE, and other general bidding/award requirements. The RFQ-required Caltrans LAPM forms listed below are included in Appendix B. • Disclosure of Lobbying Activities (LAPM 10-Q)
• Consultant in Management Support Role Conflict of Interest and Confidentiality Statement (LAPM 10-U) • Local Agency Proposer DBE Commitment (LAPM 10-O1)
• Consultant Annual Certification of Indirect Costs and Financial Management System (LAPM 10-K) • A&E Consultant Financial Document Review Request Letter (LAPM 10-A) *Note - Sample Cost Proposal Form (LAPM 10-H) is included in a separate sealed envelope as directed in the RFQ. 62 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced This page left intentionally blank.
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Cost Proposal
Cost Proposal
Per direction in the RFQ, the LAPM 10-H Cost Proposal documentation is included in a separate sealed envelope. 64 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Woodlake Plaza Entrance - City of Woodlake, CA
(800) 955-7599 | QKinc.com 65
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Current Workload
Current Workload
Current workload is noted on pages 52-54 alongside availability to serve the City of Chowchilla under this on-call contract.

Because of QK’s investment in Deltek® Vision project planning and management software, as well as our deep bench of professionals at all levels, our Project Managers are able to monitor and adjust planned work and reallocate staff as needed to support individual projects. In addition, workload meetings are held weekly to ensure current commitments and client deliverables are kept on track. Monthly meetings are also held with QK's Senior Management Team and Project Managers to review each project's status.

By using the tools and processes above, QK has the ability to prioritize projects completed for the City of Chowchilla under this on-call services contract so they are successfully completed to the City's satisfaction 66 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Construction of new tank foundation - City of Chowchilla Corporation Yard. Existing elevated tank in background. (800) 955-7599 | QKinc.com 67
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Past Work Performance with the City
Past Work Performance with the City
As demonstrated throughout this document, QK considers our relationship with the City to be strong.

Merced Branch Manager Spencer Supinger, PE has provided engineering services to the City for various municipal projects, including the award-winning Chowchilla Corporation Yard New Well, Tanks, Booster Pump Stations, and Pressure Sustaining Valves Project. .

Since 2016, Senior Planner Annalisa Perea, AICP has served as the City of Chowchilla’s contract City Planner. As a result, Ms.

Perea has completed Form 10-U which is included in our submittal. As City Planner, Ms. Perea serves as an extension of City staff and provides technical planning services to the City Planning Commission and City Council. Her essential ongoing duties and responsibilities include approximately 20 hours per week of front counter planning staff representation for the City’s Community Development Department. Additional tasks include:
• On-site public assistance at the Planning Counter
• Review of CEQA documents
• Processing of CUPs, Tentative Subdivision Maps, and Site Plan Reviews • Planning research
• Reports and updates to City Manager
Additionally, members of the QK team have assisted both Mr. Supinger and Ms. Perea with providing consultant services to the City as needed for various projects.

Because of these current relationships – there is no firm better positioned to help the City with projects under this on-call agreement.

The following is a sampling of work they performed for the City of Chowchilla:

Project Name City Contact QK Fee Start Date End Date
Chowchilla 2020 UWMP Update Jason Rogers $ 29,990.00 8/5/2021 Ongoing 2016-2022 Chowchilla Planning Services Mark Hamilton $ 223,247.00 7/1/2021 Ongoing Prosperity Blvd. Tentative Parcel Map Mark Hamilton $ 5,000.00 3/18/2021 6/22/2021 McDougal Parcel Merger (1012 & 1016 Kings Ave) Rod Pruett $ 2,500.00 3/17/2021 4/8/2021 Tire Shredding CUP Rod Pruett $ 4,500.00 2/5/2021 8/27/2021 LEAP Grant - General Plan Amendment Rod Pruett $ 52,000.00 1/14/2021 Ongoing PG&E EV Charging Site Plan Review Rod Pruett $ 3,500.00 1/14/2021 2/12/2021 TF Tires Site Plan Review Rod Pruett $ 3,500.00 1/13/2021 6/22/2021 Oleander Terrace Tentative Subdivision Map Rod Pruett $ 5,000.00 12/30/2020 5/12/2021 General Plan Circulation Diagram Update Mark Hamilton $ 7,450.00 9/22/2020 7/21/2021 Chowchilla SB2 Cottage Homes Program Mark Hamilton $ 4,500.00 7/7/2020 Ongoing Togo's Site Plan Review Rod Pruett $ 1,500.00 6/9/2020 7/16/2020 Pistachio Site Plan Review Mark Hamilton $ 1,500.00 6/5/2020 7/16/2020 Orchard Bar & Grill with ABC License CUP Rod Pruett $ 2,000.00 4/29/2020 7/16/2020 68 Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced Project Name City Contact QK Fee Start Date End Date
Rancho Calera Environmental Review Mark Hamilton $ 70,616.00 2/6/2020 4/11/2022 CEQA Consulting Services for SR99/233 Roundabout
Project Jason Rogers $ 107,465.00 1/8/2020 Ongoing
CA HSR Central California Wye Supplemental EIR/
EIS Review Rod Pruett $ 23,250.00 5/8/2019 12/4/2019
Chowchilla Housing Element Implementation
Actions Mark Hamilton $ 32,802.00 9/19/2019 4/7/2020
Chowchilla Housing Element 2020-2023 Update Mark Hamilton $ 35,031.00 8/13/2019 4/24/2020 Chowchilla Water Tank/Pump Station/PSV's Project Brian Haddix $ 31,500.00 7/17/2018 11/21/2018 Chowchilla Corp Yard CEQA Brian Haddix $ 61,040.00 9/3/2017 9/11/2017 Chowchilla Subdivision/Zoning Ordinance Update Brian Haddix $ 105,000.00 7/14/2017 12/4/2018 Chowchilla Industrial Specific Plan Mark Hamilton $ 150,000.00 5/31/2017 5/2/2019 Chowchilla WWTP Solar IS/MND Brian Haddix $ 32,500.00 2/16/2017 7/6/2017 Chowchilla Downtown Design Guidelines Update Brian Haddix $ 29,928.00 9/22/2016 10/2/2017 2016-2020 Chowchilla Housing Element Update Brian Haddix $ 73,247.00 3/31/2016 5/11/2018 Pistachio Site Plan Review Mark Hamilton $ 1,500.00 6/5/2020 7/16/2020 Orchard Bar & Grill with ABC License CUP Rod Pruett $ 2,000.00 4/29/2020 7/16/2020 Additional project completed for the City of Chowchilla as a subconsultant to Johnson Controls, Inc. include:
• Chowchilla - Fairmead Grant Study
• Chowchilla City Corporation Yard Civil Engineering
• Chowchilla Police Station Project
• 2015 Chowchilla UWMP
• Chowchilla Phase 1 Facilities Improvement Measures: Prepare Water & Wastewater Grants • Chowchilla Phase 1 Facilities Improvement Measures: Water Main Upgrades or Replacements • Chowchilla Phase 1 Facilities Improvement Measures: Water Tank @ Corporation Yard • Chowchilla Phase 1 Facilities Improvement Measures: Water Master Plan • Chowchilla Phase 1 Facilities Improvement Measures: New Well @ Corporation Yard • Chowchilla Phase 1 Facilities Improvement Measures: Corporation Yard Building & Site Plan • Chowchilla Phase 1 Facilities Improvement Measures: Review & Evaluation of Existing Well Pumps • Chowchilla Phase 1 Facilities Improvement Measures: SCADA System for Existing City Wells • Chowchilla Corporation Yard and Water System Upgrades Appendix A
Appendix A
Key Staff Resumes
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QK Team

REFERENCES
 Joe Giulian, Deputy Director, Merced
County Department of Public Works,
Ph: (209) 385-7601
 Dwayne Jones, City Manager, City of
Dos Palos, Ph: (209) 392-2174
 Greg Thompson, Public
Works/Community Developer Director,
City of Atwater, Ph: (209) 357-6367

AREAS OF EXPERTISE
 Water Well Design
 Water Tank Design
 Hydraulic Analysis and Design
 Project Management
 Water System Design
 Design and Coordination of Service Utilities
 Sewer and Storm Drain Design
 Boundary Research
 Roadway Design

EDUCATION
 BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 52678
 Registered Agricultural Engineer, State of
California, No. 492
 Professional Land Surveyor, State of
California, No. 7825
 California Water Audit Validator, American
Water Works Association (AWWA),
California-Nevada Section

PROFESSIONAL ORGANIZATIONS
 Member, American Society of Agricultural
Engineers
 Member, Irrigation Water Supply and
Conveyance Committee
 Member, American Society of Civil
Engineers
 Member, Advisory Council for Agricultural
Engineering Department at Cal Poly
Garth A. Pecchenino, PE, PLS Vice President of Technical Services/ Principal Engineer
Mr. Pecchenino is a professional engineer, and professional land surveyor and Certified Water Audit Validator, and has more than 33 years of experience in civil engineering and land surveying projects with an emphasis in hydraulic and water resources for public agencies. His engineering project experience includes permitting/ application process, specification writing and design of new irrigation facilities, water wells, wastewater treatment facilities, and storm drainage facilities. Land surveying experience includes ALTA/NSPS, parcel, final maps and record of survey maps, title research for property due diligence stage of parcel development, property ownership and impacts to parcel by easements or agreements.

Mr. Pecchenino currently serves as District Engineer for Le Grand Community Service District, Midway Community Service District, South Dos Palos Community Service District, and Merquin Water District; and City Engineer for Dos Palos.

PROFESSIONAL EMPLOYMENT
2016 – Present QK, Principal Engineer/Vice President
of Technical Services
2013 – 2016 FPP - A Quad Knopf Company,
Principal Engineer/Merced Branch
Manager
1992 – 2013 Fremming, Parson & Pecchenino,
Project Manager/Chief of Surveys
1989– 1992 Merced Irrigation District, Senior
Engineer

PROJECT EXPERIENCE
Madera Integrated Regional Water Management Plan (IRWMP) 2018 Update, Madera Regional Water Management Group –
Madera County, CA. Principal/QA-QC Review.

Groundwater Sustainability Plan, Gravelly Ford Water District – Madera, CA. Principal/Report Author.

Bakersfield College New Science & Education Building, Kern Community College District – Bakersfield, CA. Principal/QA-QC Review.

Cricket Hollow Boat Ramp – Reedley, CA. Project
Manager/Design Engineer.

Tavares Agricultural Bridge – Plainsburg, CA. Project
Manager/Design Engineer.

Road Realignment and New Bridge – Merced County, CA.

Project Manager.

QK Team

REFERENCES
 Jason Rogers, Director of Public Works,
City of Chowchilla, Ph: (559) 665-8615
 Daymon Qualls, Director of Public
Works, City of Exeter, Ph: (559) 592-
3516
 Leandro Maldonado, General Manager,
Delhi County Water District,
Ph: (209) 585-3003

AREAS OF EXPERTISE
 Water, Sewer, & Storm Drainage
Systems
 Land Development
 Construction Administration
 Project Management

EDUCATION
 BS, Civil Engineering, Brigham Young
University, Provo

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 75909

PROFESSIONAL ORGANIZATIONS
 Member, American Society of Civil
Engineers (ASCE)

AWARDS / RECOGNITION
 2019 APWA Project of the Year Award
(Small Cities/Rural Communities) for
City of Chowchilla New Well, Tank,
Booster Pump Station, and Pressure
Sustaining Valves

CONTINUING EDUCATION
 Pump System Design
 Sustainable Infrastructure
 ADA Laws and Regulations

PUBLICATIONS / INSTRUCTION
 Institute for Sustainable Infrastructure
(ISI) Approved Trainer for ENV SP
Accreditation Workshops
Spencer A. Supinger, PE Senior Engineer/Branch Manager - Merced Mr. Supinger is a registered civil engineer and project manager with over 13 years of experience. He has extensive experience designing water, sewer, and storm drain improvements, including distribution mains, booster pumps, wells, storage tanks, and lift stations.

Mr. Supinger currently acts as District Engineer for the Dehi County Water District and the Hilmar County Water District and as contract City Engineer for the City of Exeter and Assistant City Engineer for the City of Dos Palos. He has performed engineering services and system studies for a variety of water, sewer, and storm drain projects, including fee ordinances, master plans, engineers’ reports, water assessments, and grant applications.

PROFESSIONAL EMPLOYMENT
2013 – Present QK, Project Engineer/Branch Manager -
Merced
2006 – 2013 Fremming, Parson & Pecchenino, Project
Engineer/Project Manager

PROJECT EXPERIENCE
City Corporation Yard Civil Engineering, Johnson Controls, Inc. – Chowchilla, CA. Project Manager.

Fairmead Grant Study, JCI – Chowchilla, CA. Project Manager.

Lobo Avenue Street Upgrade Project – County of Merced, CA. Project Manager.

Contract City Engineering Services – City of Exeter, CA. City Engineer.

Contract City Engineering Services – City of Dos Palos, CA.

Assistant City Engineer.

District Engineer, Hilmar CWD & Delhi CWD – Hilmar and Delhi, CA.

District Engineer.

New Water Treatment Facility – City of Dos Palos, CA. Project Engineer.

Rehabilitation/Replacement of Applegate Wastewater Pump Station – City of Atwater, CA. Project Manager.

Proposition 1 Flouride Contamination Planning Project No. 1500475-002, Krista Mutual Water Company – Frazier Park, CA.

Project Engineer.

Proposition 84 Arsenic Exceedance Remediation Project, Village Mobile Home Park – Lancaster, CA. Project Manager.

Water Meter Conservation Project, Le Grand CSD – Le Grand, CA.

Project Manager.

Engineering Design Services for Installation of Water Meters – City of Woodlake, CA. Design Engineer.

Administration Building – County of Merced, CA. Design Engineer.

Parsons Avenue Extension – City of Merced, CA. Design Engineer.

QK Team

REFERENCES
• Frank Rivera, Public Works Director,
City of Lemoore, Ph: (559) 924-6700
• Loren Culp, City Engineer, City of
Ridgecrest, Ph: (760) 499-5080
• Roman Dowling, Public Works
Director/City Engineer, City of Delano,
Ph: (661) 720-2219

AREAS OF EXPERTISE
• Municipal Engineering
• Project Management
• Road/Street Design
• Storm Drainage Systems
• Water Distribution Systems
• Sewer System Design
• Master Plans

EDUCATION
• BS, Civil Engineering, California Polytechnic
State University, San Luis Obispo

REGISTRATIONS / CERTIFICATIONS
• Professional Civil Engineer, State of
California, No. 41964

PROFESSIONAL ORGANIZATIONS
• Member, American Public Works
Association (APWA)
• Member, American Society of Civil
Engineers (ASCE)
• Member, American Council of Engineering
Companies (ACEC-CA)
Jeffery S. Cowart, PE
Principal Engineer/Vice President of Quality
Control & Municipal Services
Mr. Cowart has 30 years of civil engineering and project management experience. He currently serves as Principal Engineer, and Vice President of Quality Control and Municipal Services, providing design and construction administration services for large-scale infrastructure improvement projects for a number of public agencies. Mr. Cowart’s responsibilities have included providing project management services for surveying, planning, design, contract administration, and construction inspection for public works projects and site improvements erected by private developers.

As an engineer with the Engineering Division of the City of Visalia, Mr.

Cowart was responsible for the design of storm drainage, bikeway, sanitary sewer, and street projects. He also provided project management including survey, planning, design, contract administration, and construction inspection projects. With QK, he has been providing city engineering services to many of our city clients for which we serve as contract City Engineer, such as the Cities of Farmersville, Exeter, Lemoore and Corcoran. Mr. Cowart currently serves as Principal-in-Charge for City Engineering Services for the City of Delano and Contract City Engineer for the Cities of Lemoore and Lindsay.

PROFESSIONAL EMPLOYMENT
1998 – Present QK, Inc., Principal Engineer
1986 – 1998 City of Visalia, Engineer
1983 – 1986 Wayne F. Harris & Associates, Senior
Associate Engineer/Materials Testing
Technician – Lab & Field

PROJECT EXPERIENCE
Contract City Engineer – Cities of Lemoore and Lindsay, CA. City Engineer.

Various Projects – City of Lemoore, CA. Principal-inCharge/Project Manager. • Bush Street Overlay Project
• Vine Street Trail Project
• 2021 Street Projects (SB-1)
• Sanitary Lift Station 9A Project
• North Water Line Replacement Project
• Daphne Storm Drain Improvement Project
• HIP & CMAQ Application Assistance
• Phased Drainage Evaluation & Remediation Project
• Well #15 - Interim Wellhead Grading Project
• Cimarron and Thomas Lift Station Rehabilitation Projects • Bush Street 10" Sewer Line Repair Project
South Sunland Street Project (Phases 1 & 2) – City of Ridgecrest, CA. Principal-In-Charge.

QK Team

REFERENCES
 Jason Waters, Community Services
Director, City of Woodlake,
Ph: (559) 564-8055
 Jeff Dowlen, Public Works Director, City of
Farmersville, Ph: (559) 747-0458
 Ramon Lara, City Administrator, City of
Woodlake, Ph: (559) 564-8055

AREAS OF EXPERTISE
 Residential Design
 Municipal Design
 Commercial Site Design
 Shoulder Stabilization
 Road Construction and Reconstruction
 Specification Preparation
 Project Management
 Construction Administration
 Safe Routes to School
 Roundabouts

EDUCATION
 BS, Civil Engineering, California State
University, Fresno

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 74523
 Qualified SWPPP Developer (QSD) and
Qualified SWPPP Practitioner (QSP),
Certificate No. 22554

PROFESSIONAL ORGANIZATIONS
 Member, American Public Works
Association (APWA), Central California
Chapter
 Member, ACEC, Sequoia Chapter, Visalia

AWARDS / RECOGNITION
 2019 American Society for Civil Engineers
(ASCE) – San Francisco Section, Urban or
Land Development Project of the Year,
Woodlake Multi-Phased Downtown
Improvements Project
Monique Mello, PE Senior Engineer/Branch Manager – Visalia Ms. Mello, a Senior Engineer at QK, has provided considerable management and design support to a variety of projects. Ms.

Mello’s professional design experience ranges from residential subdivision development to municipal infrastructure design.

She has been involved in managing, designing, and
administering multiple public works projects from the master plan stage through construction. Ms. Mello currently serves as the contract City Engineer for the City of Woodlake and Assistant City Engineer for the City of Exeter.

As Branch Manager, Ms. Mello provides oversight of all projects managed and services provided through the Visalia office. This includes the substantial amount of public works infrastructure projects being managed by Visalia project managers and
technical professionals.

PROFESSIONAL EMPLOYMENT
2022 – Present QK, Branch Manager - Visalia
2019 – 2021 QK, Senior Project Manager
2001 – 2018 QK, Senior Associate Engineer

PROJECT EXPERIENCE
City Engineer – City of Woodlake, CA. City Engineer.

Multi-Phased Downtown Enhancement Project – City of
Woodlake, CA. Project Manager and City Engineer.

Woodlake Roundabout Project – City of Woodlake, CA. Project Manager and City Engineer.

North Valencia Street Improvement Project - City of Woodlake, CA. Project Manager and City Engineer.

South Valencia Street Improvement Project - City of Woodlake, CA. Project Manager and City Engineer.

Castle Rock Street Safe Routes to Schools Project – City of Woodlake, CA. Project Manager and City Engineer.

Palm Street Reconstruction Project – City of Exeter, CA. Project Engineer.
2018 Accessible Curb Ramps at Various Locations (CDBG) – City of Visalia, CA. Project Engineer.

Center Avenue and Hall Street Traffic Signal and Street Improvements – City of Visalia, CA. Project Engineer.

Ben Maddox Way and Douglas Avenue Traffic Signal and Street Improvements – City of Visalia, CA. Project Engineer.

Hurley Avenue and Shirk Street Intersection Traffic Signal and Street Improvements – City of Visalia, CA. Project Engineer.

Tehachapi HSIP Improvements – City of Tehachapi, CA. Project Engineer.

City-Wide Water Meter Installation Project – City of Woodlake, CA. Project Manager and City Engineer.

QK Team

REFERENCES
 Jennifer Gomez, Farmersville City
Manager, 559-747-0458
 Eric Bons, City of Visalia – Senior Civil
Engineer, 559-713-4350
 Jeff Dowlen, Farmersville Public Works
Director, 559-747-3330

AREAS OF EXPERTISE
 Transportation Engineering
 Project Management
 Municipal Design
 Commercial Site Design
 Utility Coordination
 Construction Administration

EDUCATION
 BS, Civil Engineering, California State
University, Fresno

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 90901

PROFESSIONAL ORGANIZATIONS
 Board Member, American Council of
Engineering Companies (ACEC) – San
Joaquin Chapter (2021- Present)
 Member, American Society of Civil
Engineers (ASCE), Young Members
Forum (2013-Present)
 Adjunct Professor – Engineering
Department, Clovis Community College
(2019-Present)
 Local Chapter Board Member,
International Transportation Engineers
(2016-2018)
Kevin Gross, PE Project Engineer
Mr. Gross currently serves as contract City Engineer for the City of Farmersville. Prior to joining QK, Mr. Gross was a Civil Engineer for the City of Clovis. His duties included project design and management for a variety of civil improvement projects from preliminary design to final punch list items; assisting with the environmental & right of way processes including direct contact with property owners and businesses; heavy involvement with construction management including progress payments, change orders, field issues, and weekly meetings; coordination with local agencies including the County of Fresno, City of Fresno, Fresno Irrigation District (FID), Fresno Metropolitan Flood Control District (FMFCD), Caltrans, PG&E, AT&T, and Comcast; and public
outreach for the community through public meetings, city council presentations, local news interviews, and other media outlets.

PROFESSIONAL EMPLOYMENT
2020 – Present QK, Project Engineer
2018 – 2020 City of Clovis, Civil Engineer
2014 – 2018 Mark Thomas, Design Engineer II
2013 – 2014 Westech Systems, Design Engineer I

PROJECT EXPERIENCE
Downtown Pavement Rehabilitation Project – City of Visalia, CA.

Project Engineer.

Design Services for Downtown Street Light Project – City of Visalia, CA. Project Engineer.

Willow Widening Project (Shepherd Ave-Copper Ave) – City of Clovis, CA. Project Manager.

Leonard Bridge Replacement (Leonard Ave and Bullard Ave) – City of Clovis, CA. Project Manager.

Veterans Boulevard Interchange – City of Fresno, CA. Design Engineer.

Oakhurst Mid Town Connector, County of Madera – Oakhurst, CA. Design Engineer.

Oakland Underground Utility Mapping, PG&E – Oakland, CA.

Project Manager.

Watts Valley Bridge Replacement – County of Fresno, CA.

Design Engineer.

Farmersville 2021 General Engineering Services – City of Farmersville, CA. Senior Project Manager.

Engineering Services for New Elementary School Project for Sanger Unified School District – Sanger, CA. Senior Engineer.

Woodlake Town Center Development Project – City of
Woodlake, CA. Senior Engineer.

QK Team

REFERENCES
 Jeff Dowlen, Director Department of
Public Works, City of Farmersville , Ph:
(559) 747-3330
 Ramon Lara, City Administrator, City of
Woodlake, Ph: (559) 564-8055
 Karina Winje, Construction Program
Quality Manager, California Water
Service, Ph: (310) 257-1486 x71486

AREAS OF EXPERTISE
 Water/Wastewater Design
 Permitting
 Construction Management
 Treatment Plant Optimization

EDUCATION
 BS, Chemical Engineering, Purdue
University

REGISTRATIONS / CERTIFICATIONS
 California Registered Professional
Engineer, No. CH5129

PROFESSIONAL ORGANIZATIONS
 Member, American Water Works
Association (AWWA)
 Member, California Water Environment
Association (CWEA)

PRESENTATIONS
 Shoener, B.G., “Local Limits Development,”
presented at California Water Environment
Association Annual Conference, 2012.
 Shoener, B.G., “Challenges in Collection
System Data Gathering,” presented at
California Water Environment Association
P3S Annual Conference, 2012.
 Shoener, B.G., “Plant Optimization for DBP
Reduction and Fe/Mn Removal,” presented
at CA-NV AWWA Spring Conference, 2011.
 Shoener, B.G.; Olmstead, K.P., “Thermal
Impact Modeling,” presented at WEFTEC,
2003.
 Shoener, B.G., “Locating and Eliminating
Sources of Mercury Discharging to
POTWs,” presented to Ohio Water
Environment Associations, 2002.

Brian Shoener, PE Senior Engineer
Mr. Shoener has more than 28 years of experience in managing and designing water and wastewater treatment plants. His comprehensive experience includes design of water systems, design of wastewater treatment processes, review during construction of improvements, and pilot studies for water treatment. Mr. Shoener’s experience also includes resolving issues between industrial facilities and control authorities, wastewater master plans, and drinking water compliance.

PROFESSIONAL EMPLOYMENT
2019 – Present QK, Senior Engineer
2010 – 2019 Provost & Pritchard, Principal Engineer
2005 – 2010 URS, Project Manager
2000 – 2005 Veolia, Project Manager
1991 – 2000 City of Los Angeles
Bureau of Sanitation, Project Engineer

PROJECT EXPERIENCE
Engineering Design Services for Woodlake Sewer Improvements – City of Woodlake, CA. Senior Engineer.

Constructability Review Services for Mid-Peninsula Station 22 Redevelopment, California Water Service – San Mateo, CA.

Senior Engineer.

WWTP Sewer Line Replacement Project – City of Farmersville, CA. Senior Engineer.

Water & Sewer Master Plan Update – City of California City, CA.

Project Manager.

Goshen CSD Sewer Rate Study, Goshen Community Services
District - Goshen, CA. Project Manager.

Woodlake: Stormwater Drain Pipeline – City of Woodlake, CA.

Project Manager.

Lemoore: Fox Ditch Pipeline – City of Lemoore, CA. Senior Engineer.

Lemoore WWTF - Antidegradation Analysis – City of Lemoore, CA. Senior Engineer.

Water System Consolidation/Central HS West, Central Unified School District - Fresno, CA. Senior Engineer.

Detailed Design of Septic System – Kings River RV Resort, LLC - Kingsburg, CA. Project Manager.

Water System Improvements, Plainview Mutual Water Company – Plainview, CA. Senior Engineer.

Water System Improvements, East Orosi Community Services District – East Orosi, CA. Senior Engineer.

QK Team

AREAS OF EXPERTISE
 Master Plans for Sewer, and Storm Water
 Subdivision Improvements
 Commercial Developments
 Dust Control Plans

EDUCATION
 BS, Civil Engineering, California Polytechnic
State University, San Luis Obispo, 2004

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 82845

PROFESSIONAL ORGANIZATIONS
 Member, American Society of Civil
Engineers (ASCE)
 Member, Society of Hispanic Professional
Engineers (SHPE)

CONTINUING EDUCATION
 San Joaquin Valley Air Pollution Control
District Compliance Division, Regulation
VIII- Dust Control Training
Rebekah Godett, PE Project Engineer
Ms. Godett is a Project Engineer with 18 years of engineering experience. Her professional background includes taking subdivisions from Tentative Map stage through construction as well as commercial and street improvement projects. Ms. Godett is very proficient in the drafting and designing of improvement plans, roadways, water, sewer and storm drainage systems for public works and private clients. She is also experienced in writing Dust Control Plans for both residential and commercial applications.

PROFESSIONAL EMPLOYMENT
2004 – Present QK, Inc., Project Engineer

PROJECT EXPERIENCE
Apollo Solar Project, Lend Lease US) Energy Development, LLC – Kern County, CA. Design Engineer.

Survey Services for the Eagle Solar Site, GL Eagle, LLC – Kern County, CA. Design Engineer.

Survey, Engineering and Planning Services for the Jazmin Solar Site, Apex Energy Solutions, LLC – San Bernardino County, CA.

Design Engineer.

Arsenic Mitigation – City of Delano, CA. Assistant Design Engineer.

Water System Upgrades, Frazier Park Public Utility District – Frazier Park, CA. Assistant Design Engineer.

T-4 3MG Water Storage and Booster Station Project – City of Fresno, CA. Assistant Design Engineer.

Fluoride Remediation Project, Piñon Pines Mutual Water
Company – Frazier Park, CA. Assistant Design Engineer.

Water System Improvements for Pershing and Central West High Schools, Central Unified School District – Fresno, CA.

Assistant Design Engineer.

Dublin Well Site Improvements, Greenfield County Water District – Bakersfield, CA. Assistant Design Engineer.

S. Union Ave. and Berkshire Rd. Water Main, Greenfield County Water District – Bakersfield, CA. Design Engineer.

Lieb Lane Water Main, Greenfield County Water District – Bakersfield, CA. Design Engineer.

QK Team

AREAS OF EXPERTISE
• Landscape Architecture
• Conceptual Design
• Design Presentation
• Irrigation Design
• Planting Design
• Hardscape Design
• Project Management
• Construction Documents
• Construction Administration

EDUCATION
• BS, Landscape Architecture, California
Polytechnic University, Pomona

REGISTRATIONS/CERTIFICATIONS
• Licensed Landscape Architect,
State of California, No. 4454
• Council of Landscape Architectural
Registration Boards Certification, No. 5915

PRESENTATIONS
• Water Conservation Community Workshop
for Low-Income Homeowners, South
East San Diego, CA
John McGee, LLA Senior Landscape Architect
Mr. McGee is a licensed Landscape Architect more than 20 years of experience in the field of landscape architecture covering a wide array of design projects from both private and public sectors. His professional experience includes landscape and amenity design for projects such as downtown streetscapes, office complexes, educational facilities, parks and recreational areas, walking trails, and bicycle paths.

As a well-rounded Landscape Architect, Mr. McGee provides an expert eye to site design solutions. From a basic hand sketch to convey an initial concept to final turnover walks at the completion of construction, Mr. McGee provides QK Landscape Architecture a guiding hand to our client’s needs.

PROFESSIONAL EMPLOYMENT
2020 – Present QK, Senior Landscape Architect
2018 – 2020 Sitescapes, Inc., Landscape Designer
2007 – 2013 McGee Landscape Architecture, Principal
2005 – 2007 Howard Associates, Inc.,
Senior Associate/Team Leader
2001 – 2005 Garbini & Garbini Landscape
Architecture, Inc., Senior Associate
1999 – 2001 Ivy Landscape Architects, Job Captain

PROJECT EXPERIENCE
Lamont Elementary School District: Myrtle Avenue Elementary School - Kindergarten and General Classroom New Construction Project, Perkins Eastman Architects – Lamont, CA. Landscape Architect.

Lamont Elementary School District: Lamont Elementary School Modernization Project, Perkins Eastman Architects – Lamont, CA. Landscape Architect.

Mendota Unified School District: McCabe Elementary School Improvements, SIM-PBK Architects – Mendota, CA. Landscape Architect.

Off-Site Improvements for New Dublin High School, Dublin Unified School District – Bakersfield, CA. Landscape Architect.

Dublin High School Parking Lot Addition, Dublin Unified School District – Bakersfield, CA. Landscape Architect.

Sequoia High School Landscape & Irrigation Design Services, DJK Architects – Visalia, CA. Landscape Architect.

Woodlake Park West – City of Woodlake, CA. Landscape
Architect.

QK Team

AREAS OF EXPERTISE
• Interpretive Landscapes
• Project Management
• Green Infrastructure

EDUCATION
• Master of Landscape Architecture,
California State Polytechnic University,
Pomona
• MPA/MSES, Environmental Systems
Analysis & Modeling, Indiana
University – School of Public and
Environmental Affairs
• BA, Marine Science, University of San
Diego

REGISTRATIONS / CERTIFICATIONS
• Licensed Landscape Architect, State
of California, No. 5800
• LEED AP (BD+C), No. 10659427

PROFESSIONAL ORGANIZATIONS
• Member, American Society of
Landscape Architects (ASLA),
California, Sierra Chapter

AWARDS / RECOGNITION
• Honor Award in Analysis and Planning,
National Student ASLA, 2009
Tony Ignacio, LLA, LEED AP (BD+C) Senior Landscape Architect Mr. Ignacio is a motivated Landscape Architect who brings more than 14 years of progressive experience in landscape design and planning for public and private projects. His portfolio includes residential, parks & recreation, transit, education, and other sustainable design projects. He is skilled/experienced in design, planning, project management, client relationship management, visual impact analyses/visualizations and public education.

In addition to Mr. Ignacio’s full-time work experience, he’s a national award winner and has served as a graduate-level Landscape Architecture lecturer at Cal Poly Pomona (4+ years).

PROFESSIONAL EMPLOYMENT
09/2021 – Present QK, Senior Landscape Architect
08/2020 – 09/2021 AECOM, Senior Federal Planner /
Landscape Architect
12/2010 – 08/2020 Environmental Forms, Landscape Architect 01/2019 – 08/2020 Cornerstone Studios, Landscape Architect 01/2014 – 03/2018 Cal Poly Pomona, Landscape Architect
Lecturer
02/2013 – 01/2015 RJM Design Group, Landscape Architect Consultant
07/2007 – 01/2013 Cornerstone Studios, Landscape Designer 06/2003 – 09/2003 U.S. Environmental Protection Agency
(OH), Research Fellow

PROJECT EXPERIENCE
Iron Ridge Park and Trail – City of Visalia, CA. Landscape Architect.

Dakota Temporary Park – City of Fresno, CA. Landscape Architect.

Woodlake Landscape Standards – City of Woodlake, CA. Landscape Architect.

Ag Sports Complex Improvements – City of Los Banos, CA.

Landscape Architect.

Colorado Park Rural Recreation & Tourism Grant Support – City of Los Banos, CA. Landscape Architect.

McFarland Community Garden – City of Los McFarland, CA.

Landscape Architect.

Installation Development Plans – Air National Guard – Various, USA. Senior Federal Planner.

San Francisco VA Construction Master Plan – Department of Veterans Affairs – San Francisco, CA. Senior Federal Planner.

Fresno Air National Guard Base Feasibility Study – California Air National Guard – Fresno, CA. Senior Federal Planner.

QK Team

AREAS OF EXPERTISE
• Boundary Resolution
• Subdivision Map Act (Final Maps, Parcel
Maps, Lot Line Adjustments)
• Professional Land Surveyors Act
• Subdivision Layout
• ALTA/NSPS Land Title Surveys
• Public Land Survey System
• Records of Survey
• Legal Descriptions & Plats
• Easement Surveys and Recovery
• Right-of-Way Mapping
• Entitlements
• Encumbrances
• Site Plans
• Map Review

EDUCATION
• BS, Geomatics Engineering, California
State University, Fresno, 2012
• AS, Forestry, Columbia College, Sonora, CA
• AA, Mathematics, Columbia College,
Sonora, CA
• AA, Liberal Arts, Columbia College, Sonora,
CA

REGISTRATIONS / CERTIFICATIONS
• Professional Land Surveyor, State of
California, No. 9399
• Certified Federal Surveyor, No. 1712

PROFESSIONAL ORGANIZATIONS
• Member, California Land Surveyors
Association (CLSA)
• Past President of CSU, Fresno CLSA
Student Chapter (four semesters)
• Past President, Lambda Sigma Geomatics
Engineering Honors Society, Fresno State
Chapter
Antonio Schroeder Westerlund,
PLS, CFedS Senior Land Surveyor
Mr. Westerlund is a California Professional Land Surveyor and Certified Federal Surveyor with nearly ten years of experience and extensive knowledge in many aspects of land surveying and mapping. As a Project Land Surveyor, he oversees field crews on a variety of public and private surveying projects.

Mr. Westerlund currently serves as the Contract City Surveyor for the Cities of Woodlake, Exeter, and Lemoore, and the Assistant City Surveyor for the Cities of Farmersville and Lindsay.

PROFESSIONAL EMPLOYMENT
2021 – Present QK, Senior Land Surveyor
2018 – 2021 QK, Senior Associate Surveyor
2014 – 2018 Wood Rogers, Inc., Project Land
Surveyor
2010 – 2014 Johnson-Frank and Associates, Inc.,
Senior Survey Technician

PROJECT EXPERIENCE
Topographic Survey and Reports for the Clovis Avenue
Improvements Project - CIP 20-11 (Alluvial to Nees Avenues), City of Clovis, CA. Project Surveyor.

Topographic Survey and Reports for the Armstrong & Nees Traffic Signal Project - CIP 20-13, City of Clovis, CA. Project Surveyor.

Aerial Topographic Surveying for Lacey Boulevard Corridor, Zumwalt Hanson Associates – City of Hanford, CA. Senior Associate Surveyor.

Main Street Reconstruction – City of Porterville, CA. Project Surveyor.

Pipeline Replacement Project, Lindsay-Strathmore Irrigation District – Tulare County, CA. Project Surveyor.

Avenue 424 Traver Canal Bridge, Moffat & Nichol –Tulare County, CA. Project Surveyor.

CarMax Dealership Site Due Diligence – Visalia, CA. Surveyor-inCharge.

Fresno County Department of Social Services (DSS) Campus, Cook Land Development - Clovis, CA. Project Surveyor.

Gerald Desmond Bridge Replacement – Long Beach, CA.

Assistant Surveyor.

City of Irvine Map Checking/Review – Irvine, CA. Assistant Surveyor.

QK Team

AREAS OF EXPERTISE
 Environmental Planning
 Land Use/Permitting
 CEQA/NEPA Compliance
 Agency Coordination
 California Department of Education Title 5
Requirements

EDUCATION
 MA, Anthropology (Zoology minor),
University of Texas, Austin
 BA, Anthropology (English/Biology minors),
Purdue University, West Lafayette, Indiana
(with Honors)

PROFESSIONAL ORGANIZATIONS
 Member, Association of Environmental
Professionals (AEP)
Jaymie L. Brauer Principal Planner
Ms. Brauer currently serves as a Principal Planner following a position as a senior level Planner with the Kern County Planning and Community Development Department (Planning), a position she held for almost seven years. While working in Planning’s Operations Unit, Ms. Brauer worked at the County’s planning counter handling questions and issues related to land use permits and zoning. She also successfully managed a number of industrial and commercial projects requiring General Plan Amendments, Zone Changes, Precise Development Plan,
Conditional Use Permits, as well as Parcel Maps and Lot Line Adjustments.

Ms. Brauer has over 13 years of experience with CEQA
compliance, and manages environmental documentation efforts for public agencies and private interests. She has worked as a Project Manager on a number of large projects involving the preparation of CEQA documents such as Environmental Impact Reports (EIR), Addendum EIRs, and Mitigated Negative
Declarations (MND), and her specialties include Central Valley issues such as road improvement/highway safety, renewable energy, municipal infrastructure, and waste recycling/industrial projects.

PROFESSIONAL EMPLOYMENT
2017 – present QK, Principal Planner/Group Leader
2013 – 2017 QK, Senior Planner/Group Leader
2007 – 2013 Kern County Planning & Community
Development, Planner 3
2004 – 2007 Pacific Pulmonary Services, Manager
2000 – 2004 Community Action Partnership of
Kern, Senior Analyst

PROJECT EXPERIENCE
Chowchilla Corporation Yard Environmental Review (CEQA
Initial Study/Mitigated Negative Declaration) – City of Chowchilla, CA. Project Manager.

CEQA Consulting Services for SR99/233 Roundabout Project – City of Chowchilla, CA. Project Manager.

On-Call Environmental Services for Caltrans Districts 6 & 9, Parson Transportation Group, Inc. – Central Valley, CA. Project Manager/Principal Planner.

On-Call Planning and CEQA Services – City of California City, CA. Project Manager/Principal Planner.

On-Call Environmental Services, Kern County Roads
Department – Kern County, CA. Project Manager/Principal Planner.

On-Call Environmental Assistance, Regulatory Permitting, and Project Management, Water Resources Department – City of Bakersfield, CA. Project Manager/Principal Planner.

QK Team

AREAS OF EXPERTISE
 Project Requirement Compliancy
 Project Visioning/Modeling
 LEED Standards Compliancy
 CEQA/NEPA Compliance
 Client Liaison

EDUCATION
 BS, City and Regional Planning, Cal
Poly, San Luis Obispo
 Architecture & Urbanism Study Abroad,
Universidade Federal do Rio de Janiero,
Brazil

REGISTRATIONS / CERTIFICATIONS
 Certified Planner, American Institute of
Certified Planners (AICP), No. 29661
 LEED AP (Leadership in Energy and
Environmental Design), No. 10659427
Specialty Path: Neighborhood
Development
 Certified Regulation VIII Dust Control
Plan Preparer - SJVAPCD

PROFESSIONAL ORGANIZATIONS
 Area 5 Trustee, State Center
Community College District
 Member, Association of Environmental
Professionals (AEP)
 U. S. Green Building Council, Board of
Directors
 Member, Creative Fresno
 Former Member, Tree Fresno Board of
Directors, 2010 – 2011
 Fresno Tower District Design Review
Committee
 Leadership Fresno, Class 31, Fresno
Chamber of Commerce
 Historical Fresno High Neighborhood
Streetscape Committee

CONTINUING EDUCATION
 California Governor’s Office of Planning
and Research (OPR), General Plan
Guidelines Update, February 2018
Annalisa Perea, AICP,
LEED AP-ND Senior Planner
Ms. Perea brings expertise in community design and planning, where she maintains a comprehensive and interdisciplinary approach to design that makes her versatile and diverse in her skills. Her experience has spanned the full spectrum from largescale urban planning assignments to the detailed design of 3D visionary landscape and urban design driven concepts. Ms. Perea has worked in both the private and public sectors, and over the years, has been involved in her community at several levels. She has vast experience with government agency and stakeholder coordination.

She conducts environmental analysis and prepares documentation in compliance with CEQA on a variety of environmental issue areas (e.g., agricultural resources, biology, geology and soils, hazards and hazardous waste, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, and utilities and service systems). She performs qualitative and quantitative analysis, as well as computerized air quality modeling in support of such
documentations. Ms. Perea has prepared numerous CEQA
compliance documents for projects including highway and road improvements, residential developments, commercial
developments, waste water treatment plants, solar facilities, school facilities, and industrial processing plants.

PROFESSIONAL EMPLOYMENT
2013 – Present QK, Senior Planner
2010 – 2013 Precision Civil Engineering, Planner

PROJECT EXPERIENCE
Contract City Planning Services – Cities of Chowchilla and Selma, CA. Senior Planner/ Contract City Planner.

Chowchilla Corporation Yard Environmental Review (CEQA Initial Study/Mitigated Negative Declaration) – City of Chowchilla, CA.

Senior Planner.

CEQA Consulting Services for SR99/233 Roundabout Project – City of Chowchilla, CA. Senior Planner.

Chowchilla Downtown Design Guidelines – City of Chowchilla, CA.

Senior Planner.

Multi-Phased Downtown Enhancement Project – City of Woodlake, CA. Senior Planner.

Comprehensive Parks and Recreation Master Plan (2020-2035) – City of Los Banos, CA. Senior Planner/Public Outreach.

Chowchilla Industrial Park Specific Plan – City of Chowchilla, CA.

Senior Planner.

Chowchilla Zoning Ordinance Update – City of Chowchilla, CA.

Senior Planner.

QK Team

AREAS OF EXPERTISE
• Endangered Species Surveys and
Research
• Environmental / Biological Documentation
• State and Federal ESA Consultations
• Restoration of Arid Lands
• Wetlands Delineations

EDUCATION
• MA, Zoology, California State University,
Fresno, 1983
• BA, Biological Sciences, California State
University, Fresno, 1978

REGISTRATIONS / CERTIFICATIONS
• ESA Section 10a(1a) recovery permit for
capturing and handling federally
threatened and endangered species,
#119861-2, 2007, 2015, and 2016. Valid
through 2021.
• California State MOU to capture and
handle state threatened and endangered
species, 2007, 2012, 2015, and 2018. Valid
through 2021.
• California State Scientific Collecting Permit
# SCP-2797. Valid through 2021.
• Certified in fairy shrimp identification,
USFWS, 2001, 2006, and 2011.
• Certified Associate Wildlife Biologist,
Wildlife Society, 1983

THREATENED AND ENDANGERED

SPECIES PERMITS
• Listed fairy shrimp and tadpole shrimp
• California tiger salamander
• California red-legged frog
• Giant kangaroo rat
• Fresno kangaroo rat
• Tipton kangaroo rat
• Mohave ground squirrel
• San Joaquin antelope squirrel
• Buena Vista Lake shrew
Curtis Uptain Principal Biologist
Mr. Uptain has specialized in conducting biological resource inventories and studies in the southwestern United States for more than 25 years, with a focus on federally- and state-listed endangered species of the San Joaquin Valley and Mojave Desert. Mr. Uptain has more than five years of experience with restoration of arid lands. Mr. Uptain has been involved in a wide variety of projects that include housing and urban development, transportation, pipelines and transmission lines, cogeneration plants, solar and geothermal, mining and waste treatment, and restoration and management of retired farmlands. Mr. Uptain has documented the results of research, surveys, and biological analyses in various types of technical reports and CEQA and NEPA documents and has prepared Incidental Take Permit
applications, Mitigation and Monitoring Plans, and Habitat Conservation Plans.

Mr. Uptain currently holds federal and State permits to trap and handle many threatened and endangered species of the San Joaquin Valley and Mojave Desert.

PROFESSIONAL EMPLOYMENT
2005 – Present QK, Principal Biologist
1997 – 2005 California State University, Stanislaus,
Assistant Director, Endangered Species
Recovery Program
1983 – 2002 CWESA (biological consulting firm
specializing in research and surveys
for threatened and endangered
species), Owner/Sole proprietor
1981 – 1982 California Department of Fish and Game,
Naturalist
1980 E.G. and G, Elk Hills, Biologist

PROJECT EXPERIENCE
Cartago Wildlife Area, Caltrans – Inyo County, CA. Principal Biologist.

Endangered Species Recovery Program, Habitat Management Demographic Study, Department of Defense, U.S. Navy – Tulare County, CA. Project Coordinator.

Loves Travel Center – City of Madera, Madera County, CA.

Principal Biologist.

Endangered Species Recovery Program, Madera Irrigation District Small Mammal Trapping, Jones & Stokes – Madera County, CA.

Assistant Director.

QK Team

AREAS OF EXPERTISE
 Utility Coordination
 Project Management
 Native French Speaker
 Microsoft Project

EDUCATION
 Diploma of higher specific,
education Control of urban
rehabilitation's works - University
of Artois – Bethune, France
 Master's degree of Civil
Engineering - University of La
Rochelle, France
 Bachelor's degree of Civil
Engineering- University of La
Rochelle, France
 Diploma in Civil Engineering (2
years technical degree) - UT de
Rennes, France

CONTINUING EDUCATION
 2000 - 2009: Training CNFPT,
GC22 et CG 15 (Security in Public
Buildings, procurement, planning,
software ADT, MARCO, CARENE)
Gaëlle Collin Assistant Project Manager/Utility Coordinator As an Assistant Project Manager and Utility Project Coordinator, Ms.

Collin is responsible for coordinating utility services for both public agency and private land development clients. With nearly 20 years of combined utility and agency coordination experience, Ms. Collin has a comprehensive knowledge of the necessary details involved in the planning and orchestration of those services in a timely and efficient manner. Her experience includes working for French Public Agencies to study, prepare for bidding projects of remodeling / renovation of miscellaneous public buildings including middle schools. As an assistant project manager with QK, Ms. Collin assists project managers with engineering submittals with a heavy emphasis on utility coordination.

PROFESSIONAL EMPLOYMENT
2017 – Present QK, Assistant Project Manager
2015 – 2017 Sequoia National History Association, Park
Store Associate
2007 - 2009 Conseil General du Cantal a Aurillac, Engineer 2005 - 2007 Conseil General du Canta! in Aurillac:, Works Controller
2000 - 2005 Conseil General des Cotes d'Armor in St
Brieuc, Works Controller

PROJECT EXPERIENCE
Main Street Reconstruction Project – City of Porterville, CA. Utility Coordinator.

Prosperity Avenue/West Street Traffic Signal Improvements – City of Tulare, CA. Utility Coordinator.

Shirk Capacity Enhancement Project from School Avenue to Riggin Avenue – City of Visalia, CA. Utility Coordinator.

Traffic Signal and Intersection Improvements at Shirk Street & Walnut Avenue – City of Visalia, CA. Utility Coordinator.

Visalia Downtown Pavement Rehabilitation Project – City of Visalia, CA. Utility Coordinator.

North Valencia Extension Project – City of Woodlake, CA. Utility Coordinator.

Castle Rock Street & Sierra Avenue Roundabout – City of Woodlake, CA. Utility Coordinator.

Cameron Creek Trail Feasibility Study from Santa Fe Trail to Mooney Grove – City of Visalia, CA. Utility Coordinator.

Bush Street Overlay PS&E – City of Lemoore, CA. Utility Coordinator.

Vine Street Trail Project – City of Lemoore, CA. Utility Coordinator.

Summer 2019 Street Projects – City of Lemoore, CA. Utility Coordinator.

West Walnut Avenue SRTS Project – City of Farmersville, CA.

Assistant Project Manager.

QK Team

AREAS OF EXPERTISE
 Construction Management
 Construction Quality Assurance /
Quality Control
 Qualified SWPPP Developer
 Qualified SWPPP Practitioner
 Certified Access Specialist

EDUCATION
 M.Eng., Construction Engineering
Management, University of British
Columbia, Vancouver, British
Columbia, Canada
 B.A.Sc., Civil Engineering, University of
Waterloo, Waterloo, Ontario, Canada

REGISTRATIONS / CERTIFICATIONS
 Registered Civil Engineer, State of
California, No. 63219
 Qualified SWPPP Developer/Qualified
SWPPP Practitioner, California
Stormwater Quality Association, No.
00501
 California Certified Access Specialist
No. CASp-800.

PROFESSIONAL ORGANIZATIONS
 Member, ASCE Construction Institute
 Member, Certified Access Specialist
Institute (CASI)

AWARDS / RECOGNITION
 2018 Tulare County Association of
Governments (TCAG) 7th Annual
Local Motion Awards for Bicycle and
Pedestrian Project, City of
Farmersville South Farmersville
Boulevard ATP Project
 Sandford Fleming Award, 1986

CONTINUING EDUCATION
 Constructing Quality Asphalt
Pavements, Asphalt Academy, 2020
 CalCASp Academy, 2016
Gregory Thompson, PE, CASp Senior Construction Manager
Mr. Thompson has over 30 years of progressive experience in building technology, construction techniques, contract delivery methods and management experience. He has managed public works projects for over 20 years in municipal wastewater, road construction, pipeline, military and school projects; each project was completed on time and on budget. Mr. Thompson has worked directly and extensively with clients throughout his career, developing strong, trusting relationships to ensure all requirements are met to their satisfaction.

PROFESSIONAL EMPLOYMENT
2015 – Present QK, Senior Construction Manager
2001 – 2015 A.J. Diani Construction/Diani Building Corp., Construction Manager/Project
Manager/Quality Control Manager,
Estimator, Site Safety Officer
1996 – 2001 Associated Engineering (B.C.) Ltd, Resident Engineer, Assistant Resident Engineer
1993 – 1996 Thompson Consulting (Self Employed),
Construction Software Consultant
1989 – 1993 Softworks Data Systems, Construction
Software Consultant
1988 – 1989 Jaemar Construction, Estimator
1987 Ministry of Transportation, Toronto,
Management Trainee/Assistant Project
Superintendent

PROJECT EXPERIENCE
W. Graaf Avenue Improvements – City of Ridgecrest, CA. Project Manager.

N. Warner Avenue Improvements – City of Ridgecrest, CA. Project Manager.

South Farmersville Boulevard Street Improvements Project – City of Farmersville, CA. Construction Manager.

Resurfacing and Rehabilitation Project – Delano, CA. CASp Review.

Woodlake Community Center – City of Woodlake, CA. Construction Manager.

STK STA 016 - Station Rebuild, Part 2, California Water Service Company – Stockton, CA. Project Manager.

Farmersville Community Park Phases 3 & 4 (Sequoia
Gateway/Freedom Field) Construction Management Services – City of Farmersville, CA. Project Manager/Construction Manager. 2018 Accessible Curb Ramps at Various Locations (CDBG) – City of Visalia, CA. CASp Review.

Farmersville Wastewater Treatment Facility Expansion and Upgrades Project – City of Farmersville, CA. Engineer-of-Record and Construction Manager.

Varsity Avenue Reconstruction – City of Arvin, CA. Resident Engineer.

QK Team

AREAS OF EXPERTISE
• Project Management
• Program Management
• Educational Facilities
• Municipal Facilities
• Utility Facilities
• Medical Facilities
• Commercial Facilities

EDUCATION
• BA, Management and Organizational
Development, Fresno Pacific University,
1997

REGISTRATIONS / CERTIFICATIONS
• Project Manager Professional (PMP) –
Pending

PROFESSIONAL ORGANIZATIONS
• Member, Coalition for Adequate School
Housing (CASH)
• Member, California Association of School
Board Officials (CASBO)
• Member, Civil Engineers and Land
Surveyors of California (CELSOC)
• Member, American Public Works
Association (APWA)
• Member, American Water Works
Association (AWWA)

AWARDS / RECOGNITION
• CELSOC Merit Award for the City of
Corcoran Water Treatment Plant 2007

PUBLICATIONS / INSTRUCTION
• Co-author “Tiger Creek Microfiltration
Water System & Repairs,” Presentation of
Paper at the 1999 American Water Works
Association Convention, Chicago, IL
Kelly S. Riddle Director of Construction Project Management Ms. Riddle brings over 32 years of considerable program management, project management, construction management and resource management experience. As Director of
Construction Project Management, Ms. Riddle provides
oversight for all aspects of the construction process for a variety of projects, including: municipal facilities, utilities facilities, land development, medical facilities, commercial facilities and educational facilities. Additionally, her professional
management activities have encompassed the oversight and monitoring of contractors, coordinating quality control, preparing contract documents, negotiating project costs and master scheduling. She has managed pre-construction activities such as plan review, permitting, constructability and bid-ability reviews, authoring of specifications, and budget preparation. Ms.

Riddle has unique expertise in taking charge of troubled/crisis projects and getting them organized by allocating and
coordinating the needed resources to get projects back on schedule and delivered on time.

Ms. Riddle began her professional career in the US Airforce, managing construction and operationalization of a network of special-purpose facilities around the globe. Following her service, she has worked extensively in the education and medical industries and has over 10 years California DSA experience in K14 school design and construction.

PROFESSIONAL EMPLOYMENT
2021 – Present QK, Director of Construction Project
Management
2004 – 2007 Quad Knopf, Inc., Construction Services
Director
2001 – 2004 Harris & Associates, Inc., Vice President
and Regional Manager
1999 – 2001 Program Management Associates, Inc.,
Regional Manager
1991 – 1999 Pacific Gas & Electric Company, Senior
Project Manager
1986 – 1991 United States Air Force

PROJECT EXPERIENCE
McFarland Community Garden – City of McFarland, CA. Project Manager.

Design of a 100,000-gallon Water Storage Tank, South Kaweah Mutual Water Company – Three Rivers, CA. Project Manager.

Castle Rock Street and Sierra Avenue Roundabout – City of Woodlake, CA. Project Manager.

Design Services for Downtown Street Light Project – City of Visalia, CA. Project Manager.

QK Team

AREAS OF EXPERTISE
• Construction Observation
• QA/QC Plan Implementation and Quality
Inspection
• OSHA Safety Standards and Practices
• Materials and Equipment Cost Estimating
• International Building Code (IBC)
Compliance
• Multi-lingual (English/Pashto/Farsi/Hindi)

EDUCATION
• BS, Civil Engineering, Albironi University,
Afghanistan

REGISTRATIONS / CERTIFICATIONS
• Engineer-in-Training,
State of California No. 167078

CONTINUING EDUCATION
• U.S. Army Corps of Engineering Naval
Facility Engineering Command Training
Course - Construction Quality
Management for Contractors #784
• United Nations Office for Project Services
– Vertical Structures Unit, Trainee Engineer
Internship
Ismail Niazzy, EIT Field Construction Observer
Ismail Niazzy is a quality control professional with more than 10 years’ experience working in construction management. Quality control and assurance are top priorities for Mr. Niazzy as he delivers our QA/QC program to clients. He has experience with demolition, concrete placement, and hot/cold weather planning, as well as operations and maintenance training plans. Mr. Niazzy conducts construction observation with a ‘safety first’ mindset, and ensures reports are completed on time and with the utmost accuracy.

PROFESSIONAL EMPLOYMENT
2017 – Present QK, Field Construction Observer
2015 – 2016 Assist Consultants Inc. (Afghanistan)
Quality Control Manager
2014 – 2015 Liberal Construction Co. (Afghanistan)
Quality Control Manager
2012 – 2014 State Corps of Engineering
(Afghanistan) Quality Control Manager
2010 – 2011 TLO – The Liaison Office (Afghanistan)
Quality Control Engineer
2008 – 2009 UNOPS (Afghanistan) Trainee Engineer

PROJECT EXPERIENCE
Construction Management Services, STK STA 066 - Station Upgrade, California Water Service Company – Stockton, CA.

Field Construction Observation.

Construction Management Services, STK STA 007 - Station Rebuild, California Water Service Company – Stockton, CA. Field Construction Observation.

Project Material Take-offs, California Water Service Company – Various Locations, CA. Estimator.

Dickenson Ferry Road over Bear Creek – Dos Palos, CA.; Civil Design Improvements for Harney Lane Migrant Center, Villa Real, Inc – Lodi, CA.; and Family Dollar Site Work, Family Dollar Stores – Dos Palos, CA. Field Construction Observer
Civil Design Improvements for Harney Lane Migrant Center, Villa Real, Inc – Lodi, CA. Field Construction Observer.

Dickenson Ferry Road Over Bear Creek, Bardini Consulting, LLC – Merced County, CA. Field Construction Observation.

Assessment of Gravity Sewer Lines, Planada Community
Services District – Planada, CA. Field Construction Observation.

Keyes 19 North & South & Keyes at Norma Way Subdivisions, Keyes Community Services District – Keyes, CA. Field
Construction Observation.

QK Team

AREAS OF EXPERTISE
 Project Management
 Grading Design
 Hydrologic Analysis
 Hydraulic Analysis

EDUCATION
 BS, Civil Engineering, San Diego State
University

REGISTRATIONS / CERTIFICATIONS
 Professional Engineer, State of California,
No. 75489
 CASQA certified Qualified SWPPP
Developer and Qualified SWPPP
Practitioner, No. 22393
 Envision Sustainability Professional,
ENV SP

PROFESSIONAL ORGANIZATIONS
 Member, Home Builders Association (HBA)
 Member, American Council of Engineering
Companies (ACEC)
 Member, Greater Bakersfield Chamber of
Commerce
 Member, American Society of Civil
Engineers (ASCE)

CONTINUING EDUCATION
 Subdivision Map Act
 XL Insurance Design Professional Liability
Education Program – Time Management
and Project Initiation
 Regional Water Quality Control Board
Construction General Permit, Order 2009-
009-DWQ workshop

PRESENTATIONS
 Spill Prevention, Control, and
Countermeasure training for Sequoia
Beverage Company employees
Cathy Williams, PE, QSD/QSP,
ENV SP Senior Project Manager/Assistant Branch
Manager - Bakersfield
Ms. Williams has over 20 years of land development experience with a vast array of large and small scale residential, commercial and retail developers. She has an in-depth knowledge of designing public and private civil engineering projects in the areas of grading, traffic improvements, water quality, drainage and sewer design. She also has experience in the entitlement of master planned communities. Her responsibilities include client and agency coordination, civil engineering design, and
supervision of project design. Ms. Williams currently serves as District Engineer for Greenfield County Water District.

PROFESSIONAL EMPLOYMENT
2009 – Present QK, Senior Project Manager/Assistant
Branch Manager – Bakersfield
2005 – 2009 McMillin Land Development, V.P.

Engineering
1996 – 2005 ODay Consultants, Project Engineer
1994 – 1995 Otay Water District, Assist. Engineer

PROJECT EXPERIENCE
Safe Drinking Water State Revolving Fund (SDWSRF) Arsenic Mitigation Project, Greenfield County Water District –
Bakersfield, CA. Project Manager.

South Sunland Avenue Street Improvements - Phase 2 – City of Ridgecrest, CA. Project Manager.

Downs Street and Sunland Street Rehabilitation – City of Ridgecrest, CA. Assistant Project Manager.

Fluoride Removal Project, Pinon Pines Mutual Water Company – Frazier Park, CA. Project Manager.

Water System Improvement Project, Frazier Park Public Utility District – Frazier Park, CA. Assistant Project Manager.

Well and Tank System, South Fork School – Weldon, CA.

Assistant Project Manager.

Water Wells 34 to 38 – City of Delano, CA. Assistant Project Manager.

Garces Highway Sewer Line Replacement Project – City of Delano, CA. Project Manager.

Stormwater Pollution Prevention Plans (SWPPPs) – California Qualified SWPPP Developer (QSD).

Third Party QSP Services – California Qualified SWPPP
Practitioner (QSP).

Certified Small Business #41279
www.cseg.com
Mr. Cullers has over sixteen years of
professional engineering and project
management experience and has
been with Cornerstone Structural
Engineering Group since it was
founded in 2004. Mr. Cullers has
worked on and managed many of
the firm’s largest and most complex
projects, including several large river
bridges. He is the past chair of the
ACEC/Caltrans Structures Liaison
Committee and past co-chair of
the ACEC/Caltrans Structures BIM
Subcommittee.

Education
California State University, Fresno
Fresno, California
B.S. Civil Engineering
B.S. Construction Management
Registration
California Structural License
No. S5561
California Civil License
No. C71542
Professional Associations
ACEC - Caltrans Structures Liaison
Committee (Past Chair)
American Society of Civil Engineers
Avenue 416 Bridge over the Kings River
Tulare County, California
Project Manager for the replacement of the existing 23-span, 850-foot long bridge. With a new state-of-the-art structure that is significantly wider than the existing structure (four lanes and a median versus two existing lanes) to accommodate traffic projections and the widening of Avenue 416.

City of Fresno High Speed Rail Plan Check
City of Fresno, California
Project Manager for the independent review for all new and impacted City infrastructure resulting from the construction of CP-01 of the California High Speed Rail including review of all city-owned structures constructed by the High Speed Rail design builder for CP-01 to ensure conformance with City, State, Federal and industry design standards.

Cartmill Avenue Interchange at State Route 99
City of Tulare, California
Project Manager for the design of a new interchange over State Route 99 in Tulare. Project includes the replacement of existing T-girder bridge with a cast-in-place posttensioned concrete box girder bridge approximately 253- foot long by 128-foot wide and approximately 1,000 lineal feet of Type 1 and MSE retaining walls.

Ellis Street Bridge over State Route 99
City of Madera, California
Structures Representative for a new six-span cast-in-place post-tensioned box girder overcrossing over State Route 99, Golden State Boulevard, and the Union Pacific Railroad. The project included coordination with Caltrans, CHP, and Union Pacific Railroad during construction. The project also included coordination with PG&E and Kinder Morgan due to the presence of high pressure gas and petroleum lines immediately adjacent to the proposed bridge foundations.

Additional Bridge Projects
Betty Drive Grade Separation at UPRR, Tulare County
Geary Avenue over Central Canal No. 23, Fresno
Goodfellow Ave. at Byrd Slough, Fresno County
Goshen Pedestrian Overcrossing at State Route 99, Goshen Hollister Avenue at UPRR, Santa Barbara
Jensen Avenue Overhead at UPRR, Fresno
Kings River Bridge at Goodfellow, Fresno County
References
County of Tulare Resource Management Agency, Jason Vivian (559) 624-7134 City of Fresno, Randall Morrison (559) 621-8703
Relevant Experience
Shawn M. Cullers, SE
Principal-in-Charge
Certified Small Business #41279
www.cseg.com
Mr. Weaver is a senior engineer
with over twelve years of experience
in the structural design of bridge
and building structures. He has
played key roles in the design,
independent check and construction
administration of numerous award
winning projects during the course
of his career. He is an active board
member for multiple professional
organizations showing his
commitment to his community and
his profession.

Education
California State University, Fresno
Fresno, California
B.S. Civil Engineering
University of California, Berkeley
Berkeley, California
M.S. Structural Engineering
Registration
California Structural License
No. S6424
California Civil License
No. C79235
Professional Associations
American Council of Engineering
Companies - San Joaquin Valley
Vice President
ASCE Fresno Branch
Vice President
ASCE Fresno Younger Members
Forum
Past President
Lyles College of Engineering
Alumni Board
Past President
Golden State Blvd Overcrossing at North Ave Barrier Rail Repair City of Fresno, California
Project Manager for the damage assessment and subsequent repairs to the Golden State Boulevard Overcrossing at North Avenue. While performing railroad maintenance, a BNSF railroad crane operating adjacent to the overcrossing fell onto the structure blocking all lanes of traffic and causing impact damage to the concrete pedestrian rails, sidewalks, and deck overhangs. The City requested that Cornerstone perform an immediate site review to determine if the structure was jeopardized by the impact, perform a qualitative structural assessment of localized damage, and provide recommendations and cost estimates for repair of these components.

Russell Avenue at CCID Outside Canal Bridge Replacement Fresno County, California
Project Manager for the design of a new cast-in-place reinforced concrete box culvert to replace the existing bridge which is under pressure flow due to extreme subsidence in this region of Fresno County. Project includes significant approach roadwork to accommodate a profile grade increase to account for subsidence. Additionally, construction had to accommodate construction of the new box culvertand underneath existing overhead telephone and elecrical lines as well as an existing utility bridge located immediately west of the roadway.

West Branch Alamo Creek Pedestrian Bridge at Gale Ranch City of San Ramon, California
Project Manager for the design of bridge foundations for a new four span prefabricated steel truss pedestrian and sewer bridge over the West Branch Alamo Creek in San Ramon. Cornerstone was retained to assume responsibility as the Structural Engineer of Record for the bridge foundations due to challenges faced by their prior out-of-state structural consultant’s design receiving plan approval from Contra Costa County. Cornerstone optimized the prior consultant’s design to improve constructability and reduce cost, and to conform to California seismic codes and standards.

Additional Projects
Fulkerth Avenue Interchange at State Route 99, Turlock
Central Galt Interchange at State Route 99, City of Galt City of Fresno High Speed Rail Plan Check, Fresno
Elliot Road and Koster Road Barrier Rail Replacements, San Joaquin Road 425B over China Creek, Madera County
Fresno County BPMP Joint Seal Replacement, Fresno
References
County of Fresno, Mohammad Alimi, Ph.D., PE (559) 600-4505 County of Fresno, Wendy Nakagawa, PE (559) 600-4265
Relevant Experience
Mark A. Weaver, SE
Senior Engineer
Robert B. Lokteff, CE, GE
Principal Geotechnical Engineer
With Blackburn
Since 1998
Education
 California State
University, Sacramento,
MS Civil Engineering
(Geotechnical
Concentration)
 California State
University, Sacramento,
BS Civil Engineering,
Registrations
 Professional Engineer,
Civil, CA #59558
 Professional Engineer,
Geotechnical, CA #2589
Affiliations
 CalGeo – California
Geotechnical Engineers
Association
 ASCE - American Society
of Civil Engineers
 SAME – Society of
American Military
Engineers
 APWA – American Public
Works Association
Reference
Vin Cay, PE
Supervising Engineer
City of West Sacramento
1110 West Capitol Ave,
1st Floor
West Sacramento, CA
95691
(916) 617-4850
Geotechnical
Geo-Environmental
Forensics
Construction Services
Mr. Lokteff has devoted his 31-year professional career to geotechnical engineering and has been with Blackburn Consulting for 21 of those 31 years. He has provided detailed geotechnical engineering services for roadway widening and rehabilitation projects, Caltrans highways and bridges, pipelines, communication towers, schools, heavily loaded buildings, master planned communities, soil stabilization, geologic hazards, and landslide analysis/mitigation. Mr. Lokteff specializes in pavement design, deep and shallow foundation design, levee engineering, forensic engineering and value engineering including determination of cost-effective pavement rehabilitation alternatives.

Representative Experience
Fresno Bus Rapid Transit Project, Fresno, CA
Principal-in-Charge for geotechnical design services for 13.8 miles of the Fresno BRT system that improved transit service between N. Fresno and the Southeast Growth Area.

Blackburn’s services included subsurface exploration, laboratory testing, evaluating existing pavement conditions, asphalt coring, engineering analysis for station structures, and pavement rehabilitation recommendations.

Sacramento Federal Aid Roadway Rehabilitation Projects, Sacramento, CA Served as Principal Geotechnical Engineer during preparation of pavement design/rehabilitation reports for portions of Elk Horn Boulevard, Winters Street, and X Street. Field services including pavement coring and deflection testing.

Woodland Federal Aid Roadway Projects, Woodland, CA
Managed and prepared pavement design/rehabilitation reports for several roadways in the downtown Woodland area, including portions of Main Street, Cottonwood Street, East Street, Third Street and E. Gibson Road.

State Route 132 West Expressway, Modesto, CA
Served as Principal-in-charge for Blackburn’s geotechnical and environmental services for the Project Approval and Environmental Document (PA & ED) phase of SR 132 West Expressway project. Blackburn provided a Preliminary Geotechnical Design Report and Materials Report, Structures Preliminary Geotechnical Report, and Geotechnical/Geologic Summary for the alignment improvement alternatives and proposed structures.

Cosumnes River Blvd. Overcrossing at Interstate 5, Sacramento, CA Served as Principal in Charge during this project. Blackburn provided subsurface exploration and laboratory testing program, performed lateral and vertical pile foundation analysis, and completed the Caltrans-reviewed Foundation Report for a new 3-span concrete box girder bridge over Interstate 5. Key design elements included LRFD design for Bent foundation and evaluating and providing recommendations to protect an existing high-pressure gas line and large diameter sewer line from damage during foundation installation. Blackburn also completed Caltrans-reviewed Geotechnical Design and Materials Reports for the interchange.

Highway 80 Landslide, Nevada County, CA
Managed the geotechnical subsurface investigation, surface reconnaissance, laboratory testing, and preparation of mitigation alternatives for a landslide along Highway 80, west of Truckee. The work was performed for Caltrans under the emergency repair project.

Work included slope stability analysis, and evaluation of mitigation alternatives.

David J. Morrell, PE, GE
Senior Project Manager
With Blackburn
Since 2002
Education
 University of Nevada,
Reno, BS Geological
Engineering, 1989
Registrations
 Professional Engineer,
Civil, CA #60578
 Professional
Geotechnical Engineer,
CA #2843
Affiliations
 ASCE - American Society
of Civil Engineers
Reference
Blossom Scott-Heim,PE
Supervising Engineer
Tuolumne County
2 South Green Street
Sonora, CA 95370
(209) 533-5633
David Morrell has over 32 years of geotechnical engineering experience. Mr. Morrell’s work on the Sacramento Railyards Redevelopment Bridge Infrastructure Improvements earned Blackburn Consulting a project of the year award from the California Geotechnical Engineering Association (CalGeo). His current work on the Hills Ferry Road Bridge Replacement Project in Stanislaus County contributed to Caltrans’ recently revised Memo to Designers 20-15 (Lateral Spreading Analysis for New and Existing Bridges).

Representative Experience
Kings County HISP Various Locations, Kings County, CA
Managed and prepared the Pavement Design Report for this project. The project will construct safety and operational improvements at intersections in northern Kings County near the cities of Lemoore and Hanford. The intersection improvements consisted of installing right turn lanes on the main thoroughfares to allow vehicles to decelerate without impeding through traffic.

SR 99/120 Interchange Connector Phase 1A, San Joaquin Council of Governments, CA Managed and prepared a Caltrans reviewed Geotechnical Design Report, Foundation Report and Materials Report for design of the connector project that includes a 7-span new bridge over State Route 99, several miles of new roadway/freeway improvements, new and/or modified stormwater infiltration basins, and other drainage improvements. Blackburn’s services included field infiltration testing to determine appropriate infiltration rates for basin design.

Hills Ferry Rd Bridge Seismic Retrofit Project, Stanislaus County, CA Manages Blackburn’s geotechnical services for this ongoing seismic retrofit project that became a “pilot project” for Caltrans development of their updated May 2017 Memo to Designers 20-15 (Soil Liquefaction and Lateral Spreading Analysis for New and Existing Bridges). Prepared a preliminary foundation report for the retrofit project and evaluated “pile pinning effects” for existing and new pile foundations to limit lateral spread movements to acceptable levels. Caltrans recently approved the retrofit strategy and Blackburn is currently performing final geotechnical design services for the project.

West Capitol Ave Roadway Rehabilitation, West Sacramento, CA Managed and prepared a Geotechnical Report for rehabilitation of nearly 3 miles of West Capitol Avenue and ¼ mile of Jefferson Boulevard. The report included recommendations for new pavement, pavement reconstruction and overlay, and underground utility improvements.

Road 16.5 and Road 23 Bridge Replacements, Madera County, CA Prepared foundation reports for replacing two bridges with single-span structures.

Blackburn completed subsurface exploration, laboratory testing, engineering evaluation and analysis to provide foundation Reports consistent with Caltrans guidelines including recommendations for driven pile foundations.

County Road 27 Pavement Rehabilitation, Yolo County, CA Served as Senior Reviewerfor preparation ofthe pavement design reportforrehabilitation of about 1 mile of County Rd 27. Blackburn evaluated the existing pavement section and subgrade properties and provided recommendations for rehabilitation using Full-Depth ReclamationwithCement(FDR-C).

Hardin Flat Road Bridge Replacement, Tuolumne County, CA Managed and prepared a foundation report for replacement of a multi-span timber bridge over the Tuolumne River that sustained fire damage during the recent RIM Fire. Blackburn recommended CIDH piles for bridge support due to the deep decomposed granite deposits with occasional hard granitic boulders that precluded driven pile alternatives.

Geotechnical
Geo-Environmental
Forensics
Construction Services
Robert L. Sandquist, PE
Senior Engineer
With Blackburn
Since 2017
Education
 California Polytechnic
State University, San Luis
Obispo - BS Civil
Engineering, 2006
Registrations
 Professional Engineer,
Civil, CA 73952, 2009
 Former Chartered
Professional Engineer,
Geotechnical, New
Zealand
 Former International
Professional Engineer,
New Zealand
Affiliations
 ACEC–CA – Sequoia
Chapter President and
Grassroots Chair
 ASCE - American Society
of Civil Engineers, Fresno
Branch President Elect
 APWA – American Public
Works Association
 CalGeo – Member of
Loss Prevention and
Fiduciary Committees
Reference
Frank Rivera
Public Works Director
City of Lemoore
711 W. Cinnamon Dr.

Lemoore, CA 93245
(559) 924-6744 ext 744
Geotechnical
Geo-Environmental
Forensics
Construction Services
A consulting engineer since 2006, Rob established a reputation for excellence by being thoughtful, responsive, and professional. Licensed in California and formerly a Chartered Professional Engineer (geotechnical) in New Zealand, Rob has provided geotechnical, geo-environmental, and civil engineering services for a range of infrastructure and building projects in California, Australia, and New Zealand. One of his skills is attracting and delivering complex or unusual projects (technical and non-technical).

Rob’s geotechnical experience includes site investigations, pavement rehabilitation, shallow and deep foundations, retaining walls, support of excavations, expansive soils, collapsible soils, liquefaction, ground improvement, slope stability studies and remedial slope design. Rob also helps Blackburn’s geo-environmental team with site assessment, characterization, and remediation design, and works closely with regulatory agencies to implement the most cost-effective solutions.

Representative Experience
City of Lemoore - On-Call Professional and Construction Services, Lemoore, CA Served as Project Manager for on-call geotechnical engineering, acceptance testing, and inspection services contract to support the City of Lemoore’s public works department.

Materials testing projects generally include street reconstruction and improvements, ADA improvements, parks, water lines, water tanks, and residential sub-divisions.

Geotechnical engineering projects include water tanks sewer lift stations, and sewer and water line upgrades. Project funding sources included local, state, and federal funds.

City of Lemoore - SB1 Improvements, Lemoore, CA
Project Manager for a pavement reconstruction project on a ¼ mile segment of HanfordArmona Road. Rob performed the subsurface investigation, coordinated the laboratory testing program, and prepared a geotechnical data memo. Rob also managed construction materials testing during construction. Blackburn assisted the City with recommendations to mitigate wet subgrade conditions encountered during construction.

City of Fresno - Pavement Coring Projects, Fresno, CA
Project Manager for several pavement coring investigations to support City overlay projects. Rob organized subcontractors' encroachment permits, supervised subsurface investigations, coordinated laboratory testing, and prepared letters to summarize existing pavement sections and subsurface conditions. Project funding sources included local, state, and federal funds.

Fresno County - North Fork Road Bridge Replacement, Friant, CA Completed an Initial Site Assessment (ISA) for the bridge replacement project. Identified potential environmental hazards including yellow traffic stripes, aerially deposited lead (ADL), asbestos containing material (ACM), treated wood waste, and mine tailings.

City of Clovis - Nees Avenue Improvements — Clovis, California Completed an Initial Site Assessment (ISA) to help the City acquire ROW for widening Nees Avenue between Minnewawa and Clovis Avenues.

High Speed Rail – Fresno to Bakersfield Segment CP 1 and CP 2/3 — Fresno, CA Evaluated potential environmental impacts for high-speed rail right-of-way through commercial, industrial, agricultural, and rural residential areas. Completed multiple Phase I and Phase II investigations, remedial investigations, and low-threat closures.

Investigations included installation of groundwater and soil vapor monitoring wells.

Laura Long
Geo-Environmental Engineer
With Blackburn
Since 2008
Education
 Duke University, M.S.

Mechanical Engineering
& Material Science
 Rensselaer Polytechnic
Institute, B.S. Biology,
Management
Training
 OSHA29 CFR 1910.20 40-
Hour HAZWOPER
Reference
Mr. Evan Studley
CP-1 SWPPP Compliance
Coordinator
California High-Speed Rail
Authority
1401 Fulton Street,
Suite 300
Fresno, CA, 93721
[email protected]
(559) 369-6400
Laura Long is an Environmental Engineer with Blackburn Consulting. She has over 21 years of experience with public, corporate, and military environmental engineering projects.

Laura specializes in site assessment, characterization, and remediation design, and works closely with regulatory agencies to implement and expedite the most cost-effective solutions for her clients. Recent projects include assessment of soil, soil vapor and groundwater for roadway and bridge construction projects, industrial facilities, dry cleaners, agricultural areas, railroad operations, airports, school sites, and automotive facilities.

Representative Experience
High Speed Rail – Fresno to Bakersfield Segment CP 1 and CP 2/3, Fresno, CA Evaluated potential environmental impacts for high-speed railroad right-of-way through commercial, industrial, agricultural, and rural residential areas through completion of multiple Phase I and Phase II investigations, remedial investigations, and low-threat closures. Investigations included installation of groundwater and soil vapor monitoring wells. Further supported property acquisition processes by reviewing existing data, and interaction with rail authority staff, regulatory staff, and property owners.

Hageman Road Extension, Bakersfield, CA
Determined the impact of oil derricks and agricultural operations for the Hageman Road Flyover Highway 99 project. Phase II investigations included Aerially Deposited Lead (ADL), Asbestos and Lead Paint, and hazardous material soils screening.

State Route 132 West Expressway, Modesto, CA
Evaluated potential environmental impacts of service stations, FMC waste pond, barium stockpiles, dairy processing plant, auto repair facilities, and agricultural parcels for this four-lane expressway project. Conducted Phase II investigation for eleven acquisition sites including the city corporation yard, active service stations, auto and bus repair shops and former agricultural barn and pesticide mixing area. Completed site-wide aerially deposited lead, asbestos, and lead paint assessments.

Harney Lane/State Route 99 Interchange, Lodi, CA
Investigated the potential impact from long term use of pesticides and herbicides on adjacent farm fields for this roadway improvement project.

SR99/SR120 Interchange Widening Improvement, Manteca, CA Completed an Aerially Deposited Lead (ADL) Assessment for the proposed alignment along the SR99/Austin Road interchange and the SR99/120 interchange. Obtained samples from borings within areas anticipated to be disturbed by the planned construction activities.

West Capitol Avenue Roadway Rehab & Safety Enhancement, West Sacramento, CA.

Geo-Environmental Engineer. Assessed fifty-four sites with potential environmental impacts along the three-mile project corridor that extends from I-80 to Jefferson Boulevard.  Primary sites of concern included dry cleaners and service stations. An Aerially Deposited Lead (ADL) assessment was completed.

I Street Bridge Replacement Project, Sacramento and West Sacramento, CA Completed Phase I ESA for this high-profile bridge replacement project spanning the Sacramento River between Sacramento and West Sacramento. Identified hazardous materials conditions related to historical development of the West Sacramento levee, soil and groundwater impacts from the former Capital Plating facility and former service stations, and the Sacramento Railyards. Conducted an asbestos and lead paint inspection of the existing bridge structure and made recommendations for a Lead Compliance Plan based on results.

Geotechnical
Geo-Environmental
Forensics
Construction Services

TRANSPORTATION TECHNOLOGY AND SUSTAINABLE SOLUTIONS
Georgiena M. Vivian
President
Project Experience
County of Kings, Smart Growth State Route 41 Corridor Improvement Plan:
• Led the development of a Traffic Technical Report for the section of the State Route 41 corridor located in the unincorporated community of Kettleman City
• Identified impacts to the roadway network by evaluating corridor deficiencies
• Oversaw the identification of alternatives and prioritized proposed solutions based on a logical evaluation process and prepared the study as a comprehensive planning level document
Kings County Association of Governments, State Route 198 Corridor Preservation and Improvement Strategic Plan:
• Managed traffic operations analysis and an evaluation of goods movement along the corridor
• Reviewed and managed existing traffic and performance data as well as new data
• Assisted with development and performance measures, the listing of potential projects, preparations of draft and final plans, and associated public meetings to present the plan
Kelly Slater Wave Company, Surf Ranch Development Noise Study and Air Quality and Greenhouse Gas Impact Assessment:
• Oversaw noise level measurements at the Lemoore Project site and at adjacent sensitive receptors
• Analyzed noise level results to determine if Project onsite operations would impact adjacent sensitive receptors
• Conducted a thorough air quality analysis of the potential environmental impacts of the Project, including anticipated greenhouse gas and criteria pollutant emissions from construction and operation of the Project • Evaluated short-term and long-term air quality impacts based on California Environmental Quality Act (CEQA) and San Joaquin Valley Air Pollution Control District (SJVAPCD) significance criteria
Tulare County Resource Management Agency, Goshen Transportation and Community Plan:
• Utilized a collaborative approach to address pedestrian and transportation deficiencies
• Explored options to improve pedestrian and traffic safety, evaluated impacts of major transportation projects, and determined appropriate land use patterns within the community
• Led community outreach including visioning and solution process, conducted two stakeholder meetings, a community survey, and three community meetings
Tulare County Association of Governments, Cross Valley Corridor Plan:
• Led public outreach efforts and managed development of ridership forecasts by transit and other modes
• Oversaw development of tailored access strategies for key stations • Responsible for implementing a strategic outreach campaign that reached out to the broader community
• Participated in Work Plan Team meeting and supported stakeholder meetings
• Facilitated early study workshops throughout Tulare and Kings County Professional Summary
Georgiena Vivian, President, founded VRPA
Technologies, Inc. in 1988. Ms. Vivian has over 49
years of experience in transportation planning and
financing, congestion management, traffic
engineering, transportation demand management
and transportation systems management
(TDM/TSM) activities, intelligent transportation
systems (ITS) planning, sustainable communities
planning, environmental planning, air quality,
climate change, noise analysis and extensive public
outreach. Ms. Vivian’s experience also includes the
preparation of regional and local transportation
plans including Corridor Studies, Congestion
Management Programs, County Blueprint Programs,
local and regional land use and Multimodal
Transportation and Smart Growth studies, and
associated outreach programs.

Education
 MS Program, Urban and Regional Planning,
California State University, Fresno, 1978
 BS, Urban and Regional Planning, California
State University, Fresno, 1976
Years of Experience
 Forty-nine (49) years, thirty-two (32) with
VRPA
Affiliations
 Institute of Transportation Engineers
Areas of Expertise
 Project Management
 Long-Range Transportation Plans
 Traffic Impact Studies
 Vehicle Miles Traveled Analysis
 Transit Planning and Design
 Environmental Assessments
 Public Outreach
References
 Tony Boren, Executive Director, Fresno Council
of Governments, 2035 Tulare Street, Suite 201,
Fresno, CA 93721, (559) 233-4148

TRANSPORTATION TECHNOLOGY AND SUSTAINABLE SOLUTIONS
Erik O. Ruehr, P.E.

Director of Traffic Engineering
Project Experience
Kings County Association of Governments, State Route 198 Corridor Preservation and Improvement Strategic Plan:
• Led traffic operations analysis and an evaluation of goods movement along the corridor
• Managed existing traffic and performance data as well as new data • Managed the evaluation of goods movement and potential benefits capacity and safety improvements may have on goods movement • Assisted with development and performance measures, the listing of potential projects and preparations of draft and final plans County of Kings, Interstate 5/State Route 41 Interchange Area Circulation Study:
• Prepared a Traffic Impact Study to analyze traffic conditions related to future commercial development in the Kettleman City area • Identified impacts to the roadway network and needed improvements based on potential build out
• Prepared a phased analysis to determine the impacts and mitigation needed at various levels of development to aid the County with its project review process
City of Coalinga, Heritage at Coalinga Senior Community:
• Led development of a Vehicle Miles Traveled (VMT) based analysis to meet the requirement of Senate Bill (SB) 743
• Ensured that the transportation analysis fulfilled requirements set forth by the California Environmental Quality Act (CEQA)
• Performed the transportation analysis using the Fresno County SB 743 Regional Implementation Guidelines, with appropriate adjustments for local conditions
City of Fresno, Park Crossings Development:
• Prepared the Traffic Impact Study (TIS) for the Project, which consisted of the analysis of twenty (20) intersections and six (6) roadway segments • Assisted in the development of traffic signal plans for five (5) intersections that included two (2) new traffic signals and three (3) traffic signal modifications
• Developed the Intelligent Transportation System design for approximately

2.5 miles of roadway that included eight (8) intersections and eight (8) roadway segments
Tulare County Resource Management Agency, Tulare County Senate Bill 743 Guidelines:
• Developed guidelines including VMT analysis methods and significance thresholds tailored to the setting of a rural county
• Revised traffic impact study guidelines based on level of service that will continue to be conducted outside of CEQA
• Presented final guidelines to the Tulare County Planning Commission and the Tulare County Board of Supervisors
March Joint Powers Authority, On-Call Traffic Engineering:
• Providing on-call traffic engineering services since 2006 • Review of several major traffic impact analyses
• Development of traffic impact study guidelines
• Review of proposed roadway signing and striping plans Professional Summary
Erik Ruehr, Director of Traffic Engineering, has over
39 years of experience in a broad range of traffic
engineering and transportation planning specialties.

He has extensive experience in the preparation of
traffic forecasts for regional transportation plans,
corridor studies, and traffic impact analyses and has
applied traffic forecasts in a variety of planning,
operational, and design projects. Erik’s traffic
engineering experience includes Intelligent
Transportation Systems, traffic signal systems, traffic engineering design, traffic signal timing, and parking.

As Chair, Erik led the Institute of the Transportation
Engineers Senate Bill 743 Task Force.

Education
 University of Michigan, Ann Arbor 1980-1981,
Master of Science in Engineering (Civil
Engineering)
 University of Michigan, Ann Arbor 1976-1979,
Bachelor of Science in Engineering (Civil
Engineering)
Years of Experience
 Thirty-nine (39) years, twenty-two (22) with
VRPA
Affiliations
 Institute of Transportation Engineers (ITE)
 ITE Western District Chair of California Senate
Bill (SB) 743 Task Force
Areas of Expertise
 Project Management
 Traffic Impact Studies
 Vehicle Miles Traveled Analysis
 Corridor Studies
Registrations
 California, Civil Engineer, 1983
 California, Traffic Engineer, 1986
 ITE, Professional Traffic Operations Engineer,
2007
References
 Hector Guerra, Chief Environmental Planner,
Tulare County Resource Management Agency,
5961 South Mooney Boulevard, Visalia, CA
93277, (559) 624-7000

QUALIFICATIONS
Registration:

Civil Engineer, California, C67593
Civil Engineer, Nevada, CE22562
Certification:

Drinking Water
Treatment/Distribution Operator,
T2/D2, California, 31674
Qualified Storm Water Developer
(QSD/QSP), California, 00145
Qualified Industrial Stormwater
Practitioner, California, I67593
Certified Environmental Manager,
Nevada, No. 2363
Education:

BS Civil Engineering, California
State University, Fresno, 2001
Experience:

Willbanks Environmental Cons.

Principal Engineer
2014 to Present
Principal Engineer
BSK Associates 2002 – 2014
Environmental Group Manager
2001 – 2002, URS Corporation
Graduate Engineer
2001 – Carollo Engineers
Staff Engineer
1999 – 2001 Mauldin Dorfmeier
Field Engineer
1998 – 1999, Caltrans
Engineering Intern
Noelle A. Willbanks, PE – Principal Engineer
Professional Background:

Ms. Willbanks has 20+ years of experience in civil engineering, environmental engineering, water resources, permitting, compliance, and construction. Ms. Willbanks has been an integral part in the design, construction and implementation of groundwater, wastewater, and soil vapor treatment facilities at multiple sites throughout California. Her responsibilities include project management, regulatory agency interaction, remediation technology selection, environmental investigation, civil design, water system well, piping, utility, and pump design, construction oversight, and contractor interaction. She has extensive experience with local regulatory agencies and works closely with the RWQCB, DTSC, CDPH, and local municipal agencies on various projects. She oversees environmental site assessments and subsequent site investigations including soil, groundwater, and soil gas investigations. Her design experience includes groundwater wells and wellhead treatment facilities, soil vapor extraction systems, storm water, sewer and distribution piping systems, pumping systems, grading plans, excavation plans, and site clean-ups.

Relevant Project Experience:

Environmental Investigation/Remediation Projects
Pinedale Groundwater Site (Vendo), Fresno, CA – Project Manager responsible for the oversight of a former industrial facility that includes a chlorinated solvent plume that has impacted more than eight City of Fresno municipal water wells and extends two miles beneath an urban developed area. The project includes a groundwater monitoring network of over 60 wells. She is the primary contact with the City of Fresno Water Division for pumping priority schedules and maintaining treatment at the various supply well locations.

Ms. Willbanks has prepared design plans and specifications for multiple municipal groundwater extraction facilities and has had primary oversight of permitting and construction of the facilities. Several facilities required the installation of stormwater, sewer, and raw and treated water transmission piping design and construction. She is also responsible for compliance with National Pollution Discharge Elimination Systems (NPDES) permits, which includes monitoring and operation of a groundwater treatment facility. In addition, she was responsible for multiple groundwater investigations, including Workplan preparation and multiple monitoring well design and installations.

Project Manager who oversaw the decommissioning of the industrial facility including a Phase I investigation of the 23-acre former industrial property, Phase II environmental investigation and subsequent site remediation work. Ms. Willbanks was responsible for the preparation and implementation of the Removal Action Workplan for site remediation, which included removal and disposal of cyanide and heavy metal contamination in soil. Ms. Willbanks has worked closely with the DTSC as the regulatory agency, architects, engineers, and contractors during the decommissioning and subsequent redevelopment of the facility.

Noelle A. Willbanks, PE – Principal Engineer
Project Engineer responsible for the soil vapor assessment and indoor air intrusion study for the former manufacturing facility. Ms. Willbanks prepared numerous workplans, conducted soil vapor and indoor air sampling of the facility and aided in the assistance of the human health risk assessment for the facility. Ms.

Willbanks worked closely with the DTSC during all investigations.

Various Dry-Cleaning Facilities, Confidential Clients, Central Valley, CA – Project Manager for several dry-cleaning sites. Work includes initial site assessment, site investigation, groundwater and soil vapor remediation system selection and design, permitting, etc. Work has also included grant application preparation for some sites through the State of California Water Resources Control Board.

Klein’s Truck Stop, Fresno, CA – Project Manager/Engineer for the design, specification preparation, permitting, and construction of a soil vapor extraction system for a former UST facility. The site included an extensive underground piping network, electrical, and propane connections, subsurface investigations, and site closure.

Basin II2, Fresno, CA – Project Engineer for the initial investigation and waste characterization for a former clandestine landfill operation located in a Fresno Metropolitan Flood Control District future basin site. The site subsurface was investigated for subsurface debris and heavy metal contamination.

The site was overseen by the Regional Water Quality Control Board as well as the County of Fresno CIWMB. Lead was discovered as hazardous concentrations. Waste was characterized for leachability to comply with CIWMB requirements.

Eaton Plaza Park, City of Fresno, CA – Project Manager responsible for the Phase I and Phase II investigations at Eaton Plaza. A soils investigation, which included a magnetometer and ground penetrating radar survey, resulted in the discovery of a portion of a UST at the site.

North Avenue Sewer Line, County of Fresno, CA – Staff engineer responsible for the immediate response to a construction site at North and Elm Avenues with an unknown source of contamination.

She was responsible for the initial soil sampling to determine the nature of the contaminant and assess the safety of the construction site workers. She was also responsible for additional soil sampling to determine the vertical
Environmental Compliance Projects
Caruthers Raisin Packing, Inc., Caruthers, CA – Project Manager for the wastewater distribution and permitting operations of the food processor. Prepared the Report of Waste Discharge as required for continued packing operation by the Regional Water Quality Control Board. After modifications were implemented at the site, and extensive groundwater and site investigations, the site was issued WDRs for continued operation. Installed a groundwater monitoring network and developed sampling and analysis plan for the Site. Also assisted with modifications to the existing PWS permit through the California Department of Public Health.

Olam Tomato Processing, Lemoore, CA – Project Manager responsible for Waste Discharge permitting, amendment and renewal including preparation of the Report of Waste Discharge. The project included the preparation of work plans for monitoring well installation and monitoring, soil sampling and analysis, and percolation testing. This project required extensive communications with the Central Valley Regional Water Quality Control Board for expedited turn-around to allow for continued discharge under a modified permit. This project was issued a modified WDR by the RWQCB in less than one year, and there were no interruptions to operations.

CalTrans, Fresno, CA – Staff Engineer for PELS project/campaign. Staff engineer responsible for sampling of stormwater samples from collection systems along Highway 99 and other Fresno County highways. Collected litter samples from storm drains along same highways to sort, count, weigh, and report percentages of litter encountered along the highways for an ad campaign for Keep California Clean.

QUALIFICATIONS
Registration:

Geologist, California, No. 5635
Certifications:

Certified Engineering Geologist,
California, CHG #1757
Certified Hydrogeologist, California,
CHG #362
Education:

Auburn University, BS Geology
San Jose State University, Post
Graduate Studies, Engineering
Geology/Hydrogeology;
University of Phoenix, MBA;
Experience:

Willbanks Environmental
Consulting, Inc. – Principal
Hydrogeologist (2015-Present).

Permian Basin Materials, Inc. –
CEO, West Texas (2014-2015)
Heidelberg Cement Group – Vice
President/General Manager,
California (1998-2013).

BSK Associates, Engineers and
Scientists – Principal Geologist,
California (1990-1995, 2013 -
2014).

Dames & Moore – Managing
Principal - San Francisco, CA,
(1988 to 1990 & Fresno, CA (1995
- 1998).

Applied GeoSystems - Consulting
Geologist - Fremont, CA (1987 –
1988).

E.G. & G. Continental Laboratories
– Offshore Well-Site Geologist -
Houston, TX (1984 – 1985).

NERCO Coal Company -
Consulting Mining Geologist -
Evansville, IN (1983 - 1984).

Burton E. Gilpin, PG, CEG, CHG – Professional Geologist Professional Background:

As a Certified Engineering Geologist, Certified Hydrogeologist, and real-estate broker, Mr. Gilpin’s technical expertise and experience has included mineral-resource identification and reserves quantification, mineral-lease negotiation and development, mining and reclamation planning, mine permitting, geologic hazards assessment including slope-stability analyses, water resources management, engineering risk analyses, landfill engineering, mineral exploration and geochemistry, environmental site assessment, regulatory compliance, remediation management for soil and groundwater-contaminated sites, and participation in and management of the preparation of Environmental Impact Reports (EIR). He has served as an instructor for Federal Mine Safety and Health Administaration (MSHA) sponsored training courses.

Mr. Gilpin has a complete working knowledge and has successfully navigated California’s Senate Bill 4 (SB4) legislation involving oil- and gas-well stimulation (fracking). He has helped a number of O&G companies obtain stimulation permits under SB4 requirements, often negotiating directly with the State Water Board and the California Division of Oil, Gas & Geothermal Resources (DOGGR).

Mining, Petroleum, Permitting, and Water Resources
Project Applicant – Lehigh Hanson, Heidelberg Cement Group - Various Greenfield Mine Projects throughout Central California – Initially as the Permitting Manager, then Operations Manager and then Vice President/General Manager Central California, Mr. Gilpin served a lead role in the strategic development of aggregate operations throughout Central California. At the time, these operations were often designed to dewater large-scale mine pits for dry-mining purposes, and always employed large quantities of water for processing. Groundwater development, consumption and potential impacts due to industrial operations often comprised the most significant challenges to developing and permitting these mine sites. Mr. Gilpin led efforts to assess and acquire property, identify and evaluate permitting and operational issues, and foster political and public support for mine projects/entitlements. He has successfully completed the permitting and development of several mine sites in environmentally sensitive areas of California.

Project Manager/Engineering Geologist - Major, as well as small, Confidential Oil & Gas Producers, California – Assisted producers with well-stimulation permitting.

Project Manager – Vulcan, Fresno County, California - Engineering studies in support of an EIR for a gravel mine on the San Joaquin River. The project included evaluation of geology, hydrogeology and geologic hazards, significance of aggregate resources, compliance of the mining and reclamation plan with SMARA, levee stability, river morphology, flooding and sediment transport, groundwater-surface water interaction, and hazardous material assessment.

Project Manager/Engineering Geologist – Cold Spring Granite, Fresno County, California - Managed and prepared revisions to the CUP Application including preparation of a new Mine and Reclamation Plan. The mine is a granite-boulder quarry located in the foothills of the Sierra Nevada Mountains. Aspects of the plan included Burton E. Gilpin, PG, CEG, CHG – Professional Geologist waste-pile stability, erosion and revegetation, and mine and reclamation sequencing. During development of the plan, Mr. Gilpin conducted the annual site review for the mine.

Hydrogeologist and Task Manager – Proposed Texaco Petroleum Reservoir Mining Project, Kern County, California - The proposed project involved the mining of a near-surface petroleum deposit characterized by reservoir rock with high porosity and low permeability. The source rock was to be mined and processed and spent ore would be placed back into the excavation for reclamation. Plans called for the recovery of approximately 300,000,000 barrels of oil from a mine expected to measure approximately 3 miles long, 1 mile wide and 1,000 feet deep. Mr. Gilpin’s task was to evaluate groundwater and surface-water impacts associated with the project and manage that aspect of the permitting process.

Consulting Hydrogeologist – Kaweah River Rock, Tulare County, California - Provided technical review and oversight for the groundwater portion of an EIR for an aggregate mine on the Kaweah River. The project involved dewatering of up to 85 vertical feet of aggregate in order to provide "dry" mining below the water table; followed by re-injection of the water downgradient of the mine. Mr. Gilpin’s responsibilities included reviewing the groundwater modeling and groundwater impact portions of the EIR, and then representing Tulare County in public hearings regarding the EIR.

Hydrogeologist/Task Manager - Elk Hills Naval Petroleum Reserve No. 1 (NPR-1), California - In the process of petroleum reserves valuation, Mr. Gilpin prepared environmental cost estimates associated with management of wastewater and groundwater. Based on various development scenarios, volumes of coproduced water, water-flooding alternatives, and surface and subsurface disposal (injection) scenarios were considered, as well as regulatory requirements, to identify possible environmental impacts. The environmental liabilities were evaluated based on then-current operations and site conditions and projected out through the life of the project. Costs of environmental liabilities were then incorporated into the value of the reserve for establishing minimum bid requirements.

Project Manager/Consultant - Oil/Gas Well Site Screening, Kern County Oil Producer - Managed and conducted environmental studies and assisted in the preparation of Conditional Use Permits for proposed gas development of approximately 10-square miles within the Trico Gas Field located in southwestern Tulare and southeastern Kings Counties, California. In addition, the studies were used to establish baseline environmental site conditions and current and past land-use practices prior to planned lease of selected properties for gas development. The project included hazardous-materials, biological and archaeological assessments, as well as, potential wetlands identification and biological surveys for Threatened and Endangered Species and Species of Special Concern.

Geologist - Highway 1 Expansion, Monterey County, California - Provided baseline geology, geohazards assessment, and environmental characterization for an EIR for Highway 1 widening.

Geologist - Highway 101 Expansion, San Jose, California - Provided baseline geology, geohazards assessment, and environmental characterization for an EIR for Highway 101 widening and improvements.

Environmental Investigation/Remediation Projects
Project Manager - Pinedale Area TCE Contamination RI/FS - Provided management and oversight responsibilities necessary to assess groundwater conditions on a superfund site (Cal EPA) that encompasses several hundred acres. Currently, Mr. Gilpin is providing hydrologic expertise during late stages of site remediation.

Project Manager – Kraft Foods Plant, Visalia, California - Soil-contamination assessment and remediation: diesel and fuel oil. Project included field investigation, chemical analyses, assessment reports, risk assessment, and selection and implementation of various remedial alternatives including insitubioremediation of diesel fuel, excavation and disposal, and risk analysis to support abandoning fuel oil inplace.

MOLLY VALASIK
Task Manager
YEARS WITH FIRM: 12

EDUCATION
2009 M.A., Anthropology, Kent State University, Kent, Ohio 2006 B.A., Anthropology, Ohio State University, Columbus, Ohio

TRAINING AND CERTIFICATIONS
2017 Section 106 Advanced Seminar, Advisory Council for Historic Preservation, Washington D.C.

SUMMARY OF QUALIFICATIONS
Ms. Valasik is a Registered Professional Archaeologist (RPA) with 12 years of experience. She is a skilled professional who is well-versed in the compliance procedures of CEQA and Section 106 of the NHPA and regularly prepares cultural resources assessment reports for a variety of federal, state, and local agencies throughout California. Ms. Valasik has managed a variety of projects at Cogstone in the water, transportation, energy, development, and federal sectors. She meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, is listed as a Principal Investigator on Cogstone’s BLM cultural resources permit, and has completed a number of projects involving surveys and monitoring on BLM lands.

She is accepted as a principal investigator for prehistoric archaeology by the State Office of Historic Preservation.

SELECTED EXPERIENCE
Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone identified and evaluated cultural, paleontological, and historic resources present in or adjacent to the construction of a four-lane one-mile expressway. Cogstone produced an Archaeological Survey Report (ASR), Historic Properties Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification and Evaluation Report (PIR-PER). Services included intensive level pedestrian surveys, mapping, records searches, DPR forms, and Native American consultation. Sub to Environmental Intelligence. Task Manager. 2019-2020
State Route 108/Highway 49 and Mackey Ranch Road Intersection Improvements Project, Caltrans District 10, Tuolumne County, CA. The Chicken Ranch Rancheria of Me-Wuk Indians of California (Tribe), in partnership with the California Department of Transportation (Caltrans), proposed to replace an intersection and convert to a roundabout designed to accommodate forecasted future traffic volumes and provide an alternative access route to the Chicken Ranch Rancheria. Cogstone completed an intensive-level pedestrian survey, CHRIS records search, sacred lands file search from the NAHC, Native American consultation, consulted with local history societies and preservation groups, and produced a Historical Resources Compliance Report (HRCR) and Archaeological Survey Report (ASR). Sub to Foothill Associates. Principal Investigator for Archaeology. 2019- 2020
Venta Spur Trail Bicycle and Pedestrian Bridge over SR-133 Project, Caltrans D12, City of Irvine, Orange County, CA. The City of Irvine, in cooperation with Caltrans, proposed to construct a separated Class I bicycle and pedestrian overcrossing connecting the trail across SR-133 and Marshburn Channel. Cogstone conducted extensive review of existing literature and historical maps, review of a record search conducted at the SCCIC, Native American consultations, an intensive pedestrian survey, and a geoarchaeological analysis to identify and evaluate archaeological, paleontological, and historical resources that may be affected by the project. Technical reports included an Archaeological Survey Report (ASR), a Historical Resources Compliance Report (HRCR), and a combined Paleontological Identification and Evaluation Report (PIR/PER). Sub to Michael Baker. Task Manager & Principal Investigator for Archaeology. 2018-2019 Fresno West Area Specific Plan, City of Fresno, Fresno County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the city in order to guide future growth and development. Cogstone conducted a records search and in-depth background research. Of the 82 previously recorded cultural resources, 78 were built environment. Three mitigation measures were recommended for future development. The City of Fresno acted as the lead agency under CEQA. Sub to De Novo. Task Manager. 2019 State Route 57, Orangewood to Katella, Caltrans District 12, Cities of Orange and Anaheim, Orange County, CA. California Department of Transportation District 12, with assistance from cities of Anaheim and Orange, proposed to widen and restripe portions of the northbound side of the freeway from the Orangewood Avenue to Katella Avenue. Cogstone performed the survey, prepared a combined Paleontological Identification Report and Paleontological Evaluation Report, an Archaeological Survey Report with geoarchaeological section, and a Historical Property Survey Report. Sub to Michael Baker International. Principal Investigator for Archaeology. 2017-2018
Interstate 605/Katella Avenue Interchange Improvements Project, Caltrans District 12, Orange County, CA.

The project involved preparing a Historic Property Survey Report (HPSR), Historical Resources Evaluation Report (HRER), Archaeological Survey Report (ASR), and Extended Phase I (XPI) for Section 106 of the NHPA compliance. The project involves modifications to the interchange ramps and Katella Avenue. Managed record search, Sacred Lands File search, Native American consultations, intensive-level pedestrian archaeological and architectural surveys, subsurface testing, as well as coordination and approval by District 12 of an APE map. Sub to Michael Baker. Principal Investigator for Archaeology. 2017-2018 Enterprise Canal/State Route 168 Pedestrian Bridge Project, Caltrans District 6, Clovis, Fresno County, CA.

For this local assistance project on behalf of the City of Clovis, the project involved producing ASR/HPSR technical reports for Section 106 of the NHPA compliance. The City proposed construction of a pedestrian bridge over State Route 168 to provide direct access to the Clovis Community Hospital Complex. Cogstone conducted a record search, Sacred Lands File search, Native American consultations, intensive-level pedestrian archaeological survey, as well as coordination and approval by District 6 of an APE map. Principal Investigator for Archaeology. 2017
Park Place Extension and Grade Separation EIR EA, Caltrans District 7, City of El Segundo, Los Angeles County, CA. For this local assistance project on behalf of the City of El Segundo, the project involved producing ASR/HRER/HPSR technical reports for Section 106 of the NHPA compliance. The City proposed extending Park Place from Allied Way to Nash Street with a railroad grade separation to implement a critical project improving traffic and circulation in the project area. Managed record search, Sacred Lands File search, Native American consultations, and intensive-level pedestrian archaeological and architectural surveys of the ~0.5-mile project along NBSF and UPRR rail lines and spur tracks, as well as coordinated approval by District 7 of an APE map. The HRER included DPR series 523 forms for seven built environment resources. Sub to Michael Baker. Principal Investigator for Archaeology. 2015-2017 Magnolia Avenue Improvements, Caltrans District 8, Riverside, Riverside County, CA. For this local assistance project on behalf of the City of Riverside, the project involved producing ASR/HRER/HPSR technical reports for Section 106 of the NHPA compliance. The City proposed widening Magnolia Avenue between Buchanan and Banbury by narrowing the existing median. Managed record search, Sacred Lands File search, Native American consultations, intensive-level pedestrian archaeological and architectural surveys, as well as coordination and approval by District 8 of an APE map. The HRER included DPR series 523 forms for the evaluation of six properties all of which were determined not eligible for listing in the National Register.

Sub to Michael Baker/PMC. Principal Investigator for Archaeology. 2016-2017 SR-138 Palmdale Boulevard Improvements (Sierra Highway), Caltrans District 7 Palmdale, Los Angeles County, CA. The project involves widening and modifying three southbound lanes on Sierra Highway to Avenue R at the railroad crossing. Managed a cultural resources assessment to support the Project environmental documents (IS/MND) in compliance with NEPA and CEQA. Services for this Local Assistance Project, on behalf of the City of Palmdale, included records search, Sacred Lands File search, Tribal consultation, intensive-level field survey, finalization of the APE map in concurrence with Caltrans District 7, and preparation of an ASR technical report. Sub to Parsons. Principal Investigator for Archaeology. 2015-2016 REFERENCE: Jonathon Wright, Archaeologist, Caltrans District 12, 3337 Michelson Drive, Suite 380, Irvine, CA 92612, [email protected]

JOHN GUST
Principal Investigator for Archaeology
YEARS WITH FIRM: 3

EDUCATION
2016 Ph.D., Anthropology, University of California, Riverside (UCR) 2011 M.A., Anthropology, UCR
2007 M.A., Applied Geography, University of Colorado, Colorado Springs (UCCS) 2002 B.A., Anthropology, minor in Geography/Environmental Studies, UCCS

SUMMARY OF QUALIFICATIONS
Dr. Gust is a Registered Professional Archaeologist (RPA) with over 9 years of experience in field archaeology. He meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation and his field expertise includes pedestrian surveys, excavation monitoring, resource recording, and historic artifact analysis. Dr. Gust has managed a variety of projects at Cogstone in the water, development, residential, transportation, telecommunications, and public works sectors. Dr. Gust is a member of the Society for California Archaeology, Society for American Archaeology, and the American Anthropological Association.

SELECTED EXPERIENCE
Japantown Square Mixed-Use Development, City of San Jose, Santa Clara County, CA. In compliance with mitigation measures, Cogstone developed an archaeological and paleontological monitoring plan for the construction of a mixed-use development project. The 5.25-acre project consists of two sections, Area A to the northwest encompassing 2.1 acres of multi-family residential units, and Area B to the southeast encompassing

3.1 acres of multi-use commercial residential space. It will involve the construction of two separate buildings containing 518 multi-family residential units and 19,191 square feet of commercial and community space.

Subsequently, Cogstone is currently conducting monitoring during all construction. To date, thousands of artifacts have been collected in preparation for cataloging. Cogstone has also assisted with public outreach on the project. Sub to Shea Properties, LLC. Principal Investigator for Archaeology. 2018-present Los Angeles World Airports (LAWA) United Airlines East Maintenance Hangar and Ground Support Equipment Project, LAX, Los Angeles County, CA. Cogstone conducted cultural and paleontological monitoring during the proposed consolidation and modernization of existing facilities. The project intended to redevelop an approximately 35-acre site. Planned vertical impacts were up to 6 feet deep for footings, at least

10.5 feet for stormwater detention, and 50 to 70 feet deep for auguring. Upon completion of monitoring, Cogstone prepared a Cultural and Paleontological Resources Monitoring Compliance Report. The City of Los Angeles acted as lead agency for the project. Sub to CDM Smith. Principal Investigator for Archaeology. 2020- 2021
University of California Natural Reserve System San Joaquin Marsh Reserve Water Conveyance and Drainage Improvement Project, City of Irvine, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources for the proposed long-term water management improvements and habitat value of the Marsh Reserve.

Services included pedestrian survey, records searches, Sacred Lands File search from the NAHC, background research, and reporting. Due to the proximity of the project to the San Diego Creek, the project required a Clean Water Act Section 404 permit from the United States Army Corps of Engineers (USACE) and Section 106 NHPA compliance. University of California acted as the lead CEQA agency and USACE acted as lead agency under NEPA. Sub to Moffat & Nichol. Principal Investigator for Archaeology. 2020-2021 Morro Bay Water Facility, City of Morro Bay, San Luis Obispo County, CA. The City of Morro Bay has proposed to construct a new water reclamation facility. Federal funding for the project required compliance with Section 106 of the National Historic Preservation Act (NHPA), along with the California Environmental Quality Act (CEQA). The US Environmental Protection Agency (EPA) acted as federal lead and the City acted as state lead agency, with permitting by the California Coastal Commission (CCC), California Department of Transportation (Caltrans), and the State Water Resources Control Board. Cogstone conducted Worker Environmental Awareness Program (WEAP) trainings for all construction personnel, cultural and cogstone.com
paleontological resources monitoring, and completed a Cultural Resources Monitoring Compliance Report upon completion of construction. Sub to Filanc Black & Veatch Joint Venture. Principal Investigator for Archaeology. 2020-2021
6302 Rule 20B Underground District – Delmas/Park Project, City of San Jose, Santa Clara County, CA.

Cogstone provided cultural and paleontological resources monitoring during ground-disturbing construction activities including grubbing, mechanical excavation, and hand-digging. An approximately 500 feet long section of railroad trackway was found at 20 inches deep and was found to be ineligible to be listed by the National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR). Upon completion of monitoring, a Cultural and Paleontological Resources Monitoring Report was submitted. Sub to Lewis and Tibbitts, Inc. Principal Investigator for Archaeology. 2020-2021 Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Principal Investigator for Archaeology. 2020 Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone identified and evaluated cultural, paleontological, and historic resources present in or adjacent to the construction of a four-lane one-mile expressway. Cogstone produced an Archaeological Survey Report (ASR), Historic Properties Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification and Evaluation Report (PIR-PER). Services included intensive level pedestrian surveys, mapping, records searches, DPR forms, and Native American consultation. Sub to Environmental Intelligence. Principal Investigator for Archaeology. 2019-2020
Bell Gardens Water Reservoir Project, City of Bell Gardens, Los Angeles County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during improvements which included a new two-million-gallon reservoir, booster pump station, well to be drilled, and other components. Services included record searches, Sacred Lands File search from the Native American Heritage Commission, and an intensive-pedestrian survey of the 1.7-acre project area. Sub to Infrastructure Engineers. Principal Investigator for Archaeology. 2019-2020 Santiago Canyon Estates Fuel Mod Project, unincorporated Orange County, CA. Cogstone conducted a cultural resources assessment to determine the potential for surface cultural resources for compliance with Orange County Fire Authority’s Precise Fuel Modification Plan for zones of the Santiago Canyon Estates Community. Services included a cultural resources records search, Sacred Lands File search from the Native American Heritage Commission, and conducted a reconnaissance survey. Sub to Fire Safe Council East Orange County Canyons. Principal Investigator for Archaeology. 2020 Gaviota Telecommunications Monitoring Project, Gaviota State Park, Santa Barbara County, CA. Cogstone conducted cultural resources monitoring within a known archaeological site and contracted Native American monitoring through the Santa Ynez Band of Mission Indians per SHPO recommendations. All work and documentation was in compliance with NHPA, NEPA, and CEQA. The project involved the removal and replacement of a telecommunications pole and associated infrastructure. A total of 40 artifacts were recovered including groundstone, flaked tools, and lithic debitage. Sub to Trileaf Corporation. Principal Investigator for Archaeology & Report Author. 2019-2020
REFERENCE: Cheryl Sinopoli, Archaeologist, Caltrans District 12, 3337 Michelson Drive, Suite 380, Irvine, CA 92612, [email protected]

SHANNON LOPEZ
Architectural Historian
YEARS WITH COGSTONE: 3

EDUCATION
2018 M.A., History (with an emphasis in architecture), California State University, Fullerton 2012 B.A., History, Minor in Asian-Pacific Studies, California State University, Dominguez Hills

SUMMARY OF QUALIFICATIONS
Ms. Lopez is a qualified historian and she meets the Secretary of the Interior’s Standards and Guidelines for Architectural History. Ms. Lopez is experienced in architectural history research and surveys along with photo documentation and recording of built environment resources for local and federal projects. Ms. Lopez is acknowledged as an approved Architectural Historian by Caltrans. She has extensive knowledge with Native American consultation, consultation with city and county historical societies, and analysis of primary and secondary sources. Additionally, she is an approved Reader at the Huntington Library by the Los Angeles Office of Historic Resources.

SELECTED EXPERIENCE
New Cuyama Dump Sites 1, 2, and 3, BLM Bakersfield Office, Santa Barbara County, CA. The Project involved identifying archaeological and historical resources present within three illegal dump sites on BLM land. This study included an assessment of the historic potential of dump refuse and NRHP eligibility recommendations for debris demonstrating affirmative evidence for an age of greater than 45 years. A Class III Cultural Resources survey was conducted and included an intensive-level pedestrian survey of the APE and a total of three historic trash scatters were identified during the survey and a total of four historic isolates were identified. These resources were recorded on Department of Parks and Recreation 523 (DPR 523) forms. No archaeological sites or isolates were identified. No artifacts were collected. The deliverables were accepted by the BLM without revisions. Historian. 2020-2021
State Route 108/Highway 49 and Mackey Ranch Road Intersection Improvements Project, Caltrans District 10, Tuolumne County, CA. The Chicken Ranch Rancheria of Me-Wuk Indians of California (Tribe), in partnership with the California Department of Transportation (Caltrans), proposed to replace an intersection and convert to a roundabout designed to accommodate forecasted future traffic volumes and provide an alternative access route to the Chicken Ranch Rancheria. Cogstone completed an intensive-level pedestrian survey, CHRIS records search, sacred lands file search from the NAHC, Native American consultation, consulted with local history societies and preservation groups, and produced a Historical Resources Compliance Report (HRCR) and Archaeological Survey Report (ASR). Sub to Foothill Associates. Historian. 2019-2020
Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone identified and evaluated cultural, paleontological, and historic resources present in or adjacent to the construction of a four-lane one-mile expressway. Cogstone produced an Archaeological Survey Report (ASR), Historic Properties Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification and Evaluation Report (PIR-PER). Services included intensive level pedestrian surveys, mapping, records searches, DPR forms, and Native American consultation. Sub to Environmental Intelligence. Architectural Historian. 2019
Fresno West Area Specific Plan, City of Fresno, Fresno County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the city in order to guide future growth and development. Cogstone conducted a records search and in-depth background research. Of the 82 previously recorded cultural resources, 78 were built environment. Three mitigation measures were recommended for future development.

The City of Fresno acted as the lead agency under CEQA. Sub to De Novo. Architectural Historian. 2019 Purple Line Extension (Westside Subway) Crack Propagation Reassessment, City of Beverly Hills, Los Angeles County, CA. On behalf of METRO, Cogstone was approved to reassess the exterior façade of the old Porsche building located on Wilshire Boulevard. The purpose of this reassessment was to document and compare the cracks of the current building during construction of the underground subway with those recorded in a pre-construction survey. Architectural Monitor. 2018 Dos Palos Water Treatment Facility, City of Dos Palos, Merced County, CA. The purpose of this study was to determine the potential effects to cultural resources resulting from the proposed development of the Dos Palos Water Treatment Facility, where the Dos Palos’ allotment of water is removed from the California Aqueduct and travels through 17.5 miles of pipeline to the main facility for processing. This project had a federal nexus and required compliance with Section 106 of the Nation Historic Preservation Act. Services included archaeological and historical record searches, Sacred Lands search, pedestrian survey, built environment evaluation of three structures, and the production of a cultural assessment. Sub to QK, Inc. Architectural Historian. 2018
20000 Skyline Boulevard, Redwood City, San Mateo County, CA. Cogstone conducted a built environment evaluation to assist the Midpeninsula Regional Open Space District in determining whether selected buildings on one of their properties are historic in age and whether they are eligible for listing on the California Register of Historical Resources. Cogstone conducted a cultural records search, two intensive level pedestrian surveys, and ultimately determined no mitigation was required due to lack of significance. Architectural Historian. 2018 Bloomington Affordable Housing Project-Phase III, Community of Bloomington, San Bernardino County, CA. Cogstone conducted an assessment to determine the potential effects to cultural and paleontological resources resulting from construction of the proposed construction an affordable housing apartment complex and community amenities. Two historic homes, built in 1912 and 1947, within the APE were assessed. The project utilized funding through the United States Department of Housing and Urban Development (HUD), and thus the cultural resources work required compliance with Section 106 of the National Historic Preservation Act (NHPA). Sub to Michael Baker. Architectural Historian. 2018 Community Baptist Church, City of Santa Rosa, Sonoma County, CA. Verizon Wireless proposed to install a cell tower and associated equipment located adjacent to two potentially historic buildings. Determined the potential effects to built environmental resources. The evaluation was completed in compliance with CEQA guidelines. Co-author of Built Environment Evaluation, prepared DPR forms. Architectural Historian. 2018 Desert Sage Wellness Center, City of Hemet, Riverside County, CA. Cogstone completed a National Register of Historic Places eligibility re-evaluation for a proposed historical ranching line camp on behalf of the California Area Office Indian Health Service. This study was performed pursuant to Section 110 of the National Historic Preservation Act. Services included an archaeological and architectural pedestrian survey, records search, update to DPR forms, public outreach, additional research, and reported updates to SHPO.

Architectural Historian. 2018
Fire Camp 8 Helispot Improvement Project, National Park Service, Los Angeles County, CA. The project involved the construction of a 6-inch diameter, 1,807-foot long water pipe to supply water to three fire hydrants. The route ran through the historic age Nike Missile site – LA-78 L&A. Cogstone conducted an intensive survey, photographed and recorded the historic features and evaluated the site for its potential eligibility for National Register of Historic Places (NRHP) eligibility listing in accordance with Section 106 procedures. This was part of an on-call contract with the Los Angeles Department of Water and Power (LADPW). Assistant Architectural Historian. 2018
REFERENCE: Mike Galis, Director of Maintenance, Operations & Facilities, Del Mar Union School District, 11232 El Camino Real, Ste. 100, San Diego, CA 92130, [email protected]

KIM SCOTT
Principal Investigator for Paleontology
YEARS WITH FIRM: 19

EDUCATION
2013 M.S., Biology with paleontology emphasis, California State University San Bernardino 2000 B.S., Geology with paleontology emphasis, University of California, Los Angeles

TRAINING AND CERTIFICATIONS
2015 Trained and certified in geomorphology techniques, National Park Service, National Center for Preservation Technology and Training
2015 Certified 40-hour OSHA HAZWOPER

SUMMARY OFQUALIFICATIONS
Ms. Scott has 25 years of experience in California as a paleontologist and sedimentary geologist. She has written over 100 paleontological assessments, paleontological mitigation plans, and monitoring compliance reports to all agency requirements. She is familiar with the environmental compliance guidelines outlined in the Caltrans SER Vol. 1, Paleontology. She supervises field crews during surveys and construction monitoring and conducts construction crew sensitivity training. She has extensive experience with street, roadway, interchange, bridge, and grade separation projects. Scott has managed multiple projects and prepared technical reports with Caltrans/FHWA/FTA/FRA as the lead agency and is knowledgeable of the processes and procedures required to obtain NEPA and CEQA environmental approvals. She is a Member of the Society of Vertebrate Paleontology and the Geological Society of America.

SELECTED EXPERIENCE
On-Call Professional Engineering Services SCRRA-Metrolink, CA. Cogstone is currently providing cultural and paleontological support for ongoing rail projects. Types of projects include grade crossing safety improvements, rehabilitation of track and structures, capital projects, bridge management, asset management, mainline track and siding extensions, station construction and expansion, and Positive Train Control support. Completed projects include Orange Subdivision Rehabilitation and San Gabriel Subdivision Rehabilitation. Sub to HDR, Inc. Principal Investigator for Paleontology. 2020-ongoing On-Call Paleontological Support Services for Transportation Improvements, Caltrans District 1, Counties of Lake, Mendocino, Humboldt, and Del Norte, CA. Cogstone acted as the paleontological consultant for improvement projects in rural areas of Northern California. Proposed improvements included bridge rehabilitations and the lane widening of unsafe roads. Cogstone completed and submitted combined Paleontological Identification Reports and Paleontological Identification Reports (PIR/PER) for the following projects: Elk Creek Bridge on State Route 1 Improvement Project, Three Bridges on State Route 36 Project, South Eel River Bridge on State Route 162 Project, and Carlotta Curve on State Route 36 Project. All projects were in compliance with state and federal environmental requirements because of the use of state funds.

Caltrans was the lead agency under NEPA. Sub to ICF. Principal Investigator for Paleontology. 2019-2020 Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone identified and evaluated cultural, paleontological, and historic resources present in or adjacent to the construction of a four-lane one-mile expressway. Cogstone produced an Archaeological Survey Report (ASR), Historic Properties Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification and Evaluation Report (PIR-PER). Services included intensive level pedestrian surveys, mapping, records searches, DPR forms, and Native American consultation. Sub to Environmental Intelligence. Principal Investigator for Paleontology and Geoarchaeologist. 2017-2020 Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Principal Investigator for Paleontology. 2020 I-280/Wolfe Road Interchange Improvement Project, Caltrans District 4, City of Cupertino, Santa Clara County, CA. Cogstone prepared a combined Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER) to assess the potential for impacting fossil resources for proposed traffic operations and facilities. In addition to the No Build Alternative, three alternatives were evaluated. Cogstone conducted a records search, pedestrian survey, background research, and determined that no further paleontological work was required and no Paleontological Mitigation Plan (PMP) was required for the project.

Sub to David J. Powers & Associates, Inc. Principal Investigator for Paleontology. 2019 Interstate 10 at Avenue 50 Interchange Project, Caltrans District 8, City of Coachella, Riverside County, CA.

Cogstone prepared a Paleontological Mitigation Program (PMP) to propose effective mitigation of potential adverse impacts to paleontological resources resulting from proposed construction of a new interchange. The mitigation plan detailed paleontological Worker Environmental Awareness Program (WEAP) awareness training for earthmoving personnel, procedures for communication and coordination, data required for each fossil discovery, subsequent minimum laboratory and identification work, guidance on fossil evaluation and reporting. Sub to Michael Baker. Principal Investigator for Paleontology. 2019 Dumbarton Trail Project, San Mateo County Transit District (SamTrans), San Mateo County, CA. Cogstone assessed the potential for impacting fossil resources for the proposed 4.1-mile pedestrian and bicycle facility that would pass through Redwood City and the cities of Meno Park and East Palo. Cogstone conducted a records search pedestrian survey, background research, and determined the project was not expected to adversely impact any known paleontological resources. Cogstone’s mitigation measure recommended that earthmoving personnel attend a Worker Environmental Awareness Program (WEAP) training. Sub to Louis Berger. Principal Investigator for Paleontology. 2017
On-Call Environmental Documents and Documentation Services, Caltrans District 6, 9, and 10, Fresno, Merced, Madera, Tulare, Kings, and Kern Counties, CA. Cogstone managed multiple task orders for paleontological resources including SR 99 Realignment for High-Speed Train, SR 119, Cherry Avenue Truck Climbing Lanes PMP and monitoring; San Joaquin River Six-Lane Project, paleontological monitoring of retention basin excavation was conducted and a Paleontological Mitigation Report (PMR) was prepared for a

2.9-mile long freeway expansion; Avenue 12 Interchange Project, paleontological monitoring of interchange improvements at SR 99 south of the City of Madera; Paleontological Mitigation Plan (PMP) for Olive Avenue Interchange Project at SR 99 in Fresno; PER for the Olancha Cartago 4-Lane Widening in Inyo. Tasks included field evaluation of sediments, monitoring, fossil recovery, and technical reports. Sub to Parsons Transportation Group. Principal Investigator for Paleontology. 2013-2016 I-680 North Segment Express Lane Conversion, Caltrans District 4, Contra Costa Transportation Authority (CCTA), Metropolitan Transportation Commission (MTC), Contra Costa and Marin Counties, CA.

Cogstone prepared a combined Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER) to assess the potential for impacting fossil resources for proposed High Occupancy Vehicle (HOV) Gap Closure for 11 miles of the I-680 from Martinez to Walnut Creek. Cogstone conducted a records search, pedestrian survey, background research, ground-truthing, and prepared the technical report. Sub to HDR Engineering. Principal Investigator for Paleontology. 2014-2015 REFERENCE: Richard C. Stewart, Geologist, Caltrans District 6, 855 M Street, Ste. 200, Fresno, CA 93721, [email protected]
Richard C. Smith, P.E.

Principal Electrical Engineer
Registration
Registered Electrical Engineer in California - E14303
Registered Electrical Engineer in Oregon - E17605
Registered Electrical Engineer in Arizona - E30833
Registered Electrical Engineer in Nevada - E013006
Registered Electrical Engineer in Idaho - EE8786
Certification by National Council of Engineering Examiners Education
Bachelor of Science in Electrical Engineering with Honors California State University, Sacramento, 1990
Bachelor of Science in Computer Science,
California State University, Chico, 1987
Master of Science in Electrical Engineer , 2005
University of Idaho, Moscow
Experience
Electrical Engineer with HCS Engineering since 1990.

University Instructor, California State University Sacramento, 1988 to 1990.

Specialties
Commercial and Medical Office Building Design
Industrial electrical engineering and distribution design Water/Waste water pump station design
Power distribution and Control systems design
Substation design
Computer Network Design
Fraternal Organizations
California Chapter of National Society of Professional Engineers, Past Chapter President
Past President, Engineers Club of Stockton
Eagle Scout Rank, 1980. National Eagle Scout Association Tau Beta Pi Engineering Honor Society

STAFF RESUME
HAMNER, JEWELL & ASSOCIATES | WWW.HAMNER - JEWELL.COM

LICENSES
California Real Estate
License: DRE #02109021
California Notary Public

EDUCATION
M.A. Education
B.A. Journalism
San Diego State University

TRAINING
IRWA Courses:
100: Principles of Right of Way
Course Coordinator Training
104: Standards of Practice for the
Right of Way Professional
200: Principles of R. E. Negotiation
213: Conflict Management
900: Principles of Real Estate
Engineering
Webinar: The Pre-Condemnation
Process: Pointers & Perspectives
Post Graduate Education:

California Real Estate Principles
California Real Estate Practice
California Real Estate Appraisal
IRWA Region 1 Fall Forum Seminar
FHWA Resource Center Right-of-Way
Workshop: “Uniform Act: Appraisal,
Acquisition & Relocation Requirements
Overview”

MEMBERSHIPS
International Right of Way Association
Chapter 47, Central Coast - Young
Professionals Chair
J.T. KATAVICH

RIGHT OF WAY AGENT
JT Katavich joined Hamner, Jewell & Associates in January 2017. Over the ensuing four years he has progressed to increasingly responsible positions, becoming a well-rounded, cross trained Right of Way Agent with excellent communication skills, technical skills, and organizational skills. He is thoroughly experienced with public right of way acquisition projects from inception through completion, including initial property identification and research and completing Right of Way Data Sheets and budgetary estimates for projects small and large. Mr. Katavich is adept at completing waiver valuations for surface and subsurface rights, including valuation of agricultural crop values and researching cost to cure values for improvements. He has also acquired right of entry agreements from property owners for the purposes of biological and geotechnical studies.

Mr. Katavich holds a California Real Estate License and Public Notary commission. His 4 years of active on the job training has been supplemented by attending specialized professional level courses offered through the IRWA, Caltrans, and FHWA.

Mr. Katavich’s interpersonal skills lend themselves to a skillful approach to property owner negotiations. Through these negotiations, he has acquired fee title, permanent and temporary easements for federally funded and local agency projects. Mr. Katavich has also assisted our public agency clients with completing portions of the Caltrans Right of Way Certification form.

Additionally, he has completed relocation plans for temporary relocations prompted by housing rehabilitation projects. J.T. has excellent aptitude, judgment, and presentation skills, excellent communication skills, both verbal and in writing, and top-notch technical computer skills.

Having grown up in Bakersfield and lived in both San Diego and the San Francisco Bay Area before settling in San Luis Obispo County, Mr. Katavich is extensively familiar with many regions of California and able to relate to property owners in both high and low-density areas.

TYPES OF PROJECTS:
 Right of way acquisition
 Bridge projects
 Federally funded acquisition for transportation projects  Relocation impact analysis
 Relocation plans
 Waiver valuations
 Williamson Act provisions
 Agricultural valuation
 Right of way data sheets & budgetary analysis

STAFF RESUME
HAMNER, JEWELL & ASSOCIATES | WWW.HAMNER - JEWELL.COM

PROJECT EXPERIENCE
The following is a list of projects worked on in the past 5 years:
• City of Atascadero – Via Avenue Bridge Project
• City of Atascadero – Santa Lucia Bridge Project
• City of San Luis Obispo – Chorro Murray Sewerline Project • City of San Luis Obispo – Prado Road Interchange
• City of Fresno – Fresno & Browning Traffic Signal
• City of Fresno – Jensen Avenue Overlay
• City of San Rafael – Southern Heights Bridge Project
• City of Turlock – Taylor at Walnut Intersection Improvements • Cutler Orosi Water Authority – Surface Water Treatment Plant • DR Horton – Serenade Greenwood Estates Sewerline Project • DR Horton – Somerset Sidewalk Improvements
• Orcutt Rancho LLC – Highway 1 Widening
• City of Solvang - Fifth Street Sidewalk Project
• City of Solvang – Alisal Sidewalk Project
• City of Porterville – Olive Grove Acquisition
• City of Dinuba – Autumn Gate Subdivision Project
• City of Dinuba – Kamm and Alta Roundabout Project
• City of Gustine - Roundabout at SR 140&33
• Le Grande Athlone Water District – Le Grande Athlone Intertie Project • Merced County – Atwater Merced Expressway
Appendix B
Back to Table of Contents
Appendix B
Federal-Aid Provision Forms
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COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

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Chowchilla City CouncilMay 10, 2022

Chowchilla City Council
May 10, 2022