Cities Index.
Agenda packet

Fowler City Council
May 2, 2023

Document
Agenda packet
Meeting
May 2, 2023
Body
Fowler City Council
Pages
7
Original file
24.1 MB
Text extracted from the city's file for reading and search. Open the original on www.fowlercity.org. That file is the official record.
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MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, MAY 2, 2023
6:00 P.M.

CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/83009358687?pwd=Y3VnRkh4UUpFZE5TemZwQU9LN09DZz09 Telephone Number: (253) 215-8782
Meeting ID: 830 0935 8687
Passcode: 187871
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the

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appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at www.fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. Meeting Called to Order

2. Roll Call

3. Invocation by Pastor Jesus Valencia of Vision Church

4. Pledge of Allegiance

5. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.

6. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
6-A. RATIFY Warrants for May 2, 2023
6-B. APPROVE Minutes of the April 18, 2023 City Council Special Meeting 6-C. APPROVE Minutes of the April 18, 2023 City Council Meeting 6-D. APPROVE disposal of the Massey Ferguson Tractor within the Public Works Department (Finance)

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6-E. APPROVE an Agreement with Toole Design Group, LLC in an amount not to exceed $124,584.10 for the development of a Bicycle, Pedestrian, and Trails Master Plan, and authorize the City Manager to negotiate such agreement (Planning)
6-F. APPROVE a First Amendment to the Professional Services Agreement for oncall civil engineering services with Provost & Pritchard Consulting Group in the amount of $50,000 for project management services for the 1,2,3- Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project (Planning) 6-G. APPROVE a License Agreement between the City of Fowler and Saleh Ahmed Saleh the property located at 2810 Manning Avenue (APN 343-041-40T), more commonly known as the former “Grub Shack” location, and authorize the City Manager to execute the Agreement (Planning)
6-H. Actions pertaining to the Regional Law Enforcement Training Academy at Fresno City College (Police)
(i) APPROVE a sponsorship for one Community Service Officer to attend the Law Enforcement Academy Training starting in July 2023 (ii) ADOPT Resolution No. 2642 to approve a budget amendment transferring $2,590.73 from fire training to police training for fiscal year 2022/2023
6-I. APPROVE a $2,000 donation request from Fowler High School Sober Grad Committee, for Fiscal Year 2022/23 (Recreation)
6-J. ADOPT Ordinance 2023-07 adding Article 6 to Chapter 2 of Title 6 of the Fowler Municipal Code providing regulations relating to the improper collection of solid waste (Public Works)
6-K. ACCEPT the Golden State Boulevard Bike Path project from Adams Avenue to 230 feet south of Clayton Avenue and direct the City Engineer to file the Notice of Completion (Public Works)
6-L. APPROVE a Real Property Donation Agreement with Stanley J. Simonian and Carmen J. Simonian, Trustees of the Stanley J. Simonian and Carmen J.

Simonian Trust, and Mark M. Simonian for donation of Hye Park No. 4 stormwater retention basin (APNs 343-280-60 & 343-280-61) and Authorize the City Manager to sign the Certificate of Acceptance of Grant Deed (Public Works)

7. Contested Consent Calendar - Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

8. General Administration
8-A. Finance Department
i. WORKSHOP to introduce the proposed FY 2023-24 budget – No action to be taken

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a) Budget Overview by City Manager and Finance Director b) Police Department
c) Community Development Department
d) Public Works Department
e) City Clerk and Human Resources
f) Senior and Recreation Programs
8-B. Public Works Department
i. APPROVE an Agreement with Dewberry Engineers, Inc. in an amount not to exceed $111,516 for the Elevated Water Storage Tank Rehabilitation project, and authorize the City Manager to negotiate such agreement

9. Staff Communications (City Manager)

10. Councilmember Reports and Comments

11. Closed Session
11-A. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: 119 S 6th Street
Agency Negotiator: Thomas Gaffery, Community & Economic Development Director
Negotiating Parties: United Security Bank, Bobby Aulakh Under Negotiation: Price and Terms of Potential Sale

12. Adjourn
Next Ordinance No. 2023-08
Next Resolution No. 2643
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, April 28, 2023.

Angela Vasquez
Angela Vasquez, CPMC
City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 41170-41225 April 16 thru April 30 $ 181,029.44 TOTAL ACCOUNTS PAYABLE CHECKS $ 181,029.44

PAYROLL COSTS
Second April Bi-Monthly Payroll April 30, 2023 115,599.62 $ TOTAL PAYROLL COSTS $ 115,599.62 TOTAL CASH DISBURSEMENTS $ 296,629.06
NOTE:

Check #41205 Void Check

CITY OF FOWLER

WARRANTS LIST
May 2, 2023
6-A
SUPERION PAGE NUMBER: 1
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41170 04/19/23 11689 A & C TIRE SERVICE 5000 TIRE REPLAC F350 2004 0.00 87.00 1001 41171 04/19/23 13597 ADVENTIST HEALTH 6120 SPECIMEN COLL 0.00 45.00 1001 41171 04/19/23 13597 ADVENTIST HEALTH 6120 DRUG SCREEN 0.00 60.00 1001 41171 04/19/23 13597 ADVENTIST HEALTH 6120 THC BLOOD TOX 0.00 66.00 TOTAL CHECK 0.00 171.00
1001 41172 04/19/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 107.00 1001 41173 04/19/23 14557 ARC ALTERNATIVES 7300 SOLAR PROJECT 0.00 1,012.50 1001 41174 04/19/23 12285 ATT 6120 FIRSTNET - PD 0.00 878.36 1001 41174 04/19/23 12285 ATT 6120 INTERSTATE - PD 0.00 1,118.60 TOTAL CHECK 0.00 1,996.96
1001 41175 04/19/23 11084 BARCO PRODUCTS 6260 SUPPLIES - PARKS 0.00 1,532.07 1001 41176 04/19/23 14852 BARRERA, GAVINO 500 UB REFUND 0.00 66.06 1001 41177 04/19/23 10026 BCT CONSULTING 6020 SOPHOS RACK 0.00 215.56 1001 41178 04/19/23 14851 BRAR, JASDEEP 500 UB REFUND 0.00 91.92 1001 41179 04/19/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 64.00 1001 41179 04/19/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 145.00 1001 41179 04/19/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 199.00 TOTAL CHECK 0.00 408.00
1001 41180 04/19/23 12654 COMCAST 6120 COMCAST VOICE 0.00 37.00 1001 41181 04/19/23 14702 DAVE'S AUTO SERVICE 6020 SERVICE PRIUS 0.00 90.26 1001 41181 04/19/23 14702 DAVE'S AUTO SERVICE 6200 SERVICE F250 0.00 1,843.54 TOTAL CHECK 0.00 1,933.80
1001 41182 04/19/23 10084 DEPARTMENT OF JUSTICE 6120 CHILD ABUSE INDEX 0.00 15.00 1001 41182 04/19/23 10084 DEPARTMENT OF JUSTICE 6120 PEACE OFF BILLED 0.00 19.00 1001 41182 04/19/23 10084 DEPARTMENT OF JUSTICE 6120 FINGERPRINT APPS 0.00 32.00 TOTAL CHECK 0.00 66.00
1001 41183 04/19/23 14122 DTA 5000 WATER RATE STUDY MAR 0.00 5,313.51 1001 41184 04/19/23 10104 FPOA 100 EMP DED 04/15/23 0.00 225.00 1001 41185 04/19/23 10124 FRESNO SHERIFF BUS OFFIC 6120 DISPATCH SVC APR23 0.00 9,329.08 1001 41186 04/19/23 14820 FRESNO DEPUTY SHERIFF'S 100 ART DURAN MEM FUND 0.00 2,173.00 1001 41187 04/19/23 14849 HARPAL & GURMEJ SINGH 500 UB REFUND 0.00 100.00 1001 41188 04/19/23 13127 HEALTHWISE SERVICES 6120 44 GALLON PHARM 0.00 160.44 1001 41188 04/19/23 13127 HEALTHWISE SERVICES 6120 38 GALLON SHARPS 0.00 286.25 TOTAL CHECK 0.00 446.69
SUPERION PAGE NUMBER: 2
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41189 04/19/23 11018 HOME DEPOT CREDIT SERVIC 6150 SUPPLIES - PLANNING 0.00 308.11 1001 41190 04/19/23 10184 L N CURTIS & SONS 5000 HYDRANT FLOW KIT 0.00 3,678.87 1001 41191 04/19/23 10190 LEXIS NEXIS 6120 LEXISNEXIS ANNUAL FEE 0.00 4,887.41 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 55.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 88.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 132.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 198.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 242.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 264.75 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 352.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 411.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 1,144.50 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 1,408.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 2,752.40 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 2,838.00 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICES MAR 23 0.00 5,624.25 1001 41192 04/19/23 10194 LOZANO SMITH 6060 LEGAL SERVICE MAR 23 0.00 5,682.25 TOTAL CHECK 0.00 21,192.15
1001 41193 04/19/23 10201 METRO UNIFORM & ACCESSOR 6120 NAME TAGS - PD 0.00 28.22 1001 41194 04/19/23 10203 MID VALLEY PACKAGING & S 6150 COPY PAPER - PLANNING 0.00 51.50 1001 41194 04/19/23 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER - ADMIN 0.00 96.50 1001 41194 04/19/23 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER - ADMIN 0.00 154.47 TOTAL CHECK 0.00 302.47
1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 1291 W SOUTH 3/31/23 0.00 9.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 MERCED/6TH 3/31/23 0.00 9.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 MERCED/7TH 3/31/23 0.00 9.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 127 S 6TH 3/31/23 0.00 9.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 3/31/23 0.00 11.22 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 3/31/23 0.00 13.39 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 5000 ADAMS/5TH 3/31/23 0.00 44.56 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 4218 GLDNSTAT 3/31/23 0.00 67.64 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 2831 E MANN 3/31/23 0.00 75.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 3/31/23 0.00 96.76 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 212 E MERCED 3/31/23 0.00 100.21 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 GLDNST B 3/31/23 0.00 114.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 7TH/TULARE 3/31/23 0.00 122.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 420 E MERCED 3/31/23 0.00 144.37 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6080 128 S 5TH 3/31/23 0.00 177.62 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6260 9TH/MERCED 3/31/23 0.00 234.84 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6260 500 E MERCED 3/31/23 0.00 241.01 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6080 128 S 5TH 3/31/23 0.00 270.09 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 5000 95 E ADAMS 3/31/23 0.00 321.56 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 5000 TEMP/GOLDN 3/31/23 0.00 346.53 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 3/31/23 0.00 651.46 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 3/31/23 0.00 701.64 SUPERION PAGE NUMBER: 3
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6200 LOAN PROG 3/31/23 0.00 941.28 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 6080 MAIN/5TH 3/31/23 0.00 1,012.54 1001 41195 04/19/23 10237 P G & E - SACRAMENTO 5000 SESWNW231521 3/31/23 0.00 2,250.33 TOTAL CHECK 0.00 7,977.76
1001 41196 04/19/23 10763 SUNBELT RENTALS 6200 GAS TRASH PUMP 0.00 733.81 1001 41197 04/19/23 14850 TEICHERT CONSTRUCTION 500 HYDRANT METER REFUND 0.00 1,975.76 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 6200 MATS/MOPS - ADMIN 0.00 71.04 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS - WATER 0.00 82.34 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS - WATER 0.00 82.34 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS - PW 0.00 82.35 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS - PW 0.00 82.35 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS - PW 0.00 89.68 1001 41198 04/19/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS - WATER 0.00 89.69 TOTAL CHECK 0.00 579.79
1001 41199 04/19/23 12444 WILSON FIRE SPRINKLER IN 6700 ANNUAL FIRE SPRINKLER 0.00 525.00 1001 41202 04/26/23 14855 ABBEY DOOR SERVICE 6130 ROLL DOOR REPAIR FIRE 0.00 390.00 1001 41203 04/26/23 14330 B&P PEST PROS 6020 PEST CONTROL 4/24/23 0.00 90.00 1001 41203 04/26/23 14330 B&P PEST PROS 6130 PEST CONTROL 4/24/23 0.00 95.00 1001 41203 04/26/23 14330 B&P PEST PROS 6700 PEST CONTROL 4/24/23 0.00 95.00 TOTAL CHECK 0.00 280.00
1001 41204 04/26/23 10026 BCT CONSULTING 6120 HELP SVC 04/21/23 0.00 375.00 1001 41204 04/26/23 10026 BCT CONSULTING 5000 HELP SVC 04/21/23 0.00 375.00 1001 41204 04/26/23 10026 BCT CONSULTING 6030 HELP SVC 04/21/23 0.00 375.00 1001 41204 04/26/23 10026 BCT CONSULTING 6150 HELP SVC 04/21/23 0.00 375.00 TOTAL CHECK 0.00 1,500.00
1001 41205 04/26/23 11291 THE BUSINESS JOURNAL 6080 NOH-ORD 2023-07 INTRO 0.00 285.00 1001 41205 04/26/23 11291 THE BUSINESS JOURNAL 6150 NOH - 2040 GEN PLAN 0.00 2,715.00 1001 41205 04/26/23 11291 THE BUSINESS JOURNAL 5000 CCR RPT PRODUCTN 3/23 0.00 2,797.00 1001 41205 V 04/26/23 11291 THE BUSINESS JOURNAL 6080 NOH-ORD 2023-07 INTRO 0.00 -285.00 1001 41205 V 04/26/23 11291 THE BUSINESS JOURNAL 6150 NOH - 2040 GEN PLAN 0.00 -2,715.00 1001 41205 V 04/26/23 11291 THE BUSINESS JOURNAL 5000 CCR RPT PRODUCTN 3/23 0.00 -2,797.00 TOTAL CHECK 0.00 0.00
1001 41206 04/26/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 415.49 1001 41206 04/26/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 465.59 1001 41206 04/26/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 522.17 1001 41206 04/26/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 592.57 TOTAL CHECK 0.00 1,995.82
1001 41207 04/26/23 10069 COUNCIL OF FRESNO COUNTY 7100 HOUSING ELEMENT 0.00 904.85 1001 41207 04/26/23 10069 COUNCIL OF FRESNO COUNTY 7100 HOUSING ELEMENT 0.00 6,445.13 TOTAL CHECK 0.00 7,349.98
1001 41208 04/26/23 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 84.00 SUPERION PAGE NUMBER: 4
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41209 04/26/23 14854 HIGLEY, MATTHEW 500 UB REFUND 0.00 66.42 1001 41210 04/26/23 14238 INFOSEND, INC 5000 INSERT WATER 04/23 0.00 263.29 1001 41210 04/26/23 14238 INFOSEND, INC 6400 INSERT EGGFLAG 0.00 315.90 1001 41210 04/26/23 14238 INFOSEND, INC 5000 UB MAINT MAR 23 0.00 629.77 1001 41210 04/26/23 14238 INFOSEND, INC 5000 UB BILLING 03/01/23 0.00 1,277.70 1001 41210 04/26/23 14238 INFOSEND, INC 5000 UB PRINTING 03/30/23 0.00 1,312.56 TOTAL CHECK 0.00 3,799.22
1001 41211 04/26/23 14853 MONTESDEOCA, DANIEL 500 UB REFUND 0.00 3.77 1001 41212 04/26/23 14841 ONLINE STORES 6200 SUPPLIES - STREETS 0.00 1,398.30 1001 41213 04/26/23 10237 P G & E - SACRAMENTO 6200 WALTER/FRES 04/17/23 0.00 13.69 1001 41213 04/26/23 10237 P G & E - SACRAMENTO 6200 TRACT 5834 04/17/23 0.00 50.16 1001 41213 04/26/23 10237 P G & E - SACRAMENTO 6200 TRACT 5212 04/17/23 0.00 105.27 1001 41213 04/26/23 10237 P G & E - SACRAMENTO 6200 T5088 04/17/23 0.00 164.45 1001 41213 04/26/23 10237 P G & E - SACRAMENTO 6200 TRACT 5198 04/17/23 0.00 172.05 TOTAL CHECK 0.00 505.62
1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 AA 22-57 0.00 35.42 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 TPM 23-01 0.00 44.50 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 SPR 22-42 0.00 103.00 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 CUP 19-02 0.00 321.50 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 LLA 22-40 0.00 336.20 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 ENG 327 W MERCED 0.00 666.54 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 TRACT 6188 0.00 1,111.50 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 TRACT 5952 0.00 1,185.40 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 TSM 23-0004 0.00 1,500.30 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 EDA GRANT 0.00 2,381.50 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 SPR 22-21 0.00 3,618.00 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 2560 WELL 9 SVC MAR 23 0.00 6,481.70 1001 41214 04/26/23 13655 PROVOST & PRITCHARD 6150 ON CALL, GRANTS 0.00 20,028.12 TOTAL CHECK 0.00 37,813.68
1001 41215 04/26/23 11695 QUAD KNOPF 6150 GRANT ASSESSMENT 0.00 527.00 1001 41216 04/26/23 14857 RYAN BUETER 6400 DEPOSIT ENTERTNMT 4TH 0.00 1,400.00 1001 41217 04/26/23 10518 SIGNMAX! 6200 SUPPLIES - STREETS 0.00 8.67 1001 41217 04/26/23 10518 SIGNMAX! 6200 SUPPLIES - STREETS 0.00 918.81 TOTAL CHECK 0.00 927.48
1001 41218 04/26/23 10763 SUNBELT RENTALS 6200 DUMP TRAILER 0.00 728.00 1001 41218 04/26/23 10763 SUNBELT RENTALS 6200 BOBCAT - STREETS 0.00 5,573.33 TOTAL CHECK 0.00 6,301.33
1001 41219 04/26/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SR CENTER 0.00 62.31 1001 41219 04/26/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS - PW 0.00 100.28 1001 41219 04/26/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS - PW 0.00 100.28 TOTAL CHECK 0.00 262.87
SUPERION PAGE NUMBER: 5
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41220 04/26/23 14259 VISUAL EDGE IT INC DBA I 6020 COPIER SVC 04/20/23 0.00 103.98 1001 41220 04/26/23 14259 VISUAL EDGE IT INC DBA I 6160 COPIER SVC 04/20/23 0.00 103.99 1001 41220 04/26/23 14259 VISUAL EDGE IT INC DBA I 5000 COPIER SVC 04/20/23 0.00 103.99 1001 41220 04/26/23 14259 VISUAL EDGE IT INC DBA I 6150 COPIER SVC 04/20/23 0.00 103.99 TOTAL CHECK 0.00 415.95
1001 41221 04/26/23 14856 WEST COAST ARBORISTS, IN 6260 PANZAK TREE TRIM 0.00 6,000.00 1001 41222 04/26/23 14830 WILLDAN GROUP INC 6160 INSPECTIONS MAR 0.00 1,140.00 1001 41224 04/26/23 11291 THE BUSINESS JOURNAL 6080 PH- ORD 2023-07 INTRO 0.00 285.00 1001 41224 04/26/23 11291 THE BUSINESS JOURNAL 6150 PH - 2040 GEN PLAN 0.00 2,715.00 TOTAL CHECK 0.00 3,000.00
1001 41225 04/26/23 13970 GEMINI GROUP, LLC 5000 CCR RPT PRDCTION 3/23 0.00 2,797.00 TOTAL CASH ACCOUNT 0.00 145,459.94
TOTAL FUND 0.00 145,459.94
SUPERION PAGE NUMBER: 6
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41200 04/19/23 14433 PRICE PAIGE & COMPANY CP 2120 AUDIT 21-22 0.00 1,449.00 TOTAL CASH ACCOUNT 0.00 1,449.00
TOTAL FUND 0.00 1,449.00
SUPERION PAGE NUMBER: 7
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41201 04/19/23 11880 RJ BERRY JR INC 2360 GOLDNST/BIKE TRAIL 0.00 16,435.00 TOTAL CASH ACCOUNT 0.00 16,435.00
TOTAL FUND 0.00 16,435.00
SUPERION PAGE NUMBER: 8
DATE: 04/27/2023 CITY OF FOWLER ACCTPA21
TIME: 13:25:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41170' and '41225' ACCOUNTING PERIOD: 10/23
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41223 04/26/23 13655 PROVOST & PRITCHARD 5030 TCP TREATMENT WELL 7 0.00 17,685.50 TOTAL CASH ACCOUNT 0.00 17,685.50
TOTAL FUND 0.00 17,685.50
TOTAL REPORT 0.00 181,029.44
1 MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING
Tuesday, April 18, 2023
Mayor Parra called the meeting to order at 6:00 p.m.

Councilmembers Present: Parra, Mejia, Gill, Hammer, Kazarian City Staff Present: City Manager Tucker, City Attorney Cross, Public Works Director Dominguez, Community and Economic Development Director
Gaffery, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez

3. Actions pertaining to the City of Fowler 2040 General Plan Update and City of Fowler 2040 General Plan Environmental Impact Report:
• APPROVE Resolution No. 2634 adopting the Statement of Overriding Considerations and Certifying the City of Fowler 2040 General Plan Environmental Impact Report (SCH# 2021110053)
Councilmember Kazarian made a motion to APPROVE Resolution No. 2634 adopting the Statement of Overriding Considerations and Certifying the City of Fowler 2040 General Plan Environmental Impact Report (SCH# 2021110053), seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Gill, Hammer, Parra
• APPROVE Resolution No. 2635 adopting the City of Fowler General Plan and Errata Councilmember Kazarian made a motion to APPROVE Resolution No. 2635 adopting the City of Fowler General Plan and Errata, seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Gill, Hammer, Parra

4. WORKSHOP on EDA grant application process
Council directed staff to pursue additional external funding opportunities to supplement a possible EDA grant to make the job training center/community center project viable. Council directed staff that the priority for external funding opportunities should remain the Police Headquarters and Senior Center, and fire department facilities and operations.

5. ADJOURN
Having no further business, the meeting adjourned at 6:37 p.m. 6-B
1 MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday, April 18, 2023
Mayor Parra called the meeting to order at 7:00 p.m.

Councilmembers Present: Parra, Mejia, Gill, Hammer, Kazarian City Staff Present: City Manager Tucker, City Attorney Cross, Public Works Director Dominguez, Community and Economic Development Director
Gaffery, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez

5. PUBLIC COMMENT
No members of the public spoke.

6. CONSENT CALENDAR
Councilmember Kazarian registered a no vote on item 6-G Actions pertaining to the sale of two fire apparatuses.

One member of the public spoke on item 6-D Actions pertaining to the Fiscal Year 2022-23 third quarter budget report and amendments.

Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Gill, Hammer, Parra

7. CONTESTED CONSENT CALENDAR
No items were pulled from the Consent Calendar.

8. GENERAL ADMINISTRATION
8-A. Public Works Department
i. WORKSHOP on Water Customer Accounts
ii. INTRODUCTION of Ordinance 2023-07 adding Article 6 to Chapter 2 of Title 6 of the Fowler Municipal Code providing regulations relating to the improper collection of solid waste
Mayor Pro-Tem made a motion to approve INTRODUCTION of
Ordinance 2023-07 adding Article 6 to Chapter 2 of Title 6 of the Fowler Municipal Code providing regulations relating to the improper collection 6-C
2 of solid waste, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Mejia, Kazarian, Gill, Hammer, Parra

9. STAFF COMMUNICATIONS
Updates were provided by City Manager Tucker, Police Chief Reid, City Clerk Vasquez, and Community and Economic Development Director Gaffery.

10. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Kazarian, Mayor Pro-Tem Mejia, Mayor Parra, and Councilmember Hammer.

11. CLOSED SESSION
No reportable action was taken on any of the three items.

12. ADJOURN
Having no further business, the meeting adjourned at 7:59 p.m.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-D

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
APPROVE disposal of the Massey Ferguson Tractor within the Public Works Department.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The Public Works Department desires to dispose of the Massey Ferguson Tractor 2607H. There are no mechanical issues with the tractor, but it does not meet the current needs of operations. The Department recommends the City Council declare the tractor as surplus personal property not needed for City use and authorize disposal of the tractor through a public sale or other appropriate means.

Once sold, title and registration for the tractor with the Department of Motor Vehicles will be updated to remove the City of Fowler as the registered owner of the tractor. The Department plans to do a consignment of the tractor with the assistance of Quinn Ag Products. Quinn will receive 10% of the sale price of the unit once it is sold.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

Disposal of surplus equipment
May 2, 2023

Page 2 ends

FISCAL IMPACT
Any revenue generated from the sale of the tractor will be appropriated in the general fund at the end Fiscal Year 2022-23. There is no appropriation or expenditure of funds needed to sell the tractor.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-E

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE an Agreement with Toole Design Group, LLC in an amount not to exceed $124,584.10 for the development of a Bicycle, Pedestrian, and Trails Master Plan, and authorize the City Manager to negotiate such agreement.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
In 2022, the City submitted an application to the Caltrans Sustainable Transportation Planning grant program for the development of a Bicycle, Pedestrian, and Trails Master Plan. The City was awarded $124,650 for this project.

In early 2023, the City solicited a Request for Qualifications for firms to complete that work. Two firms submitted Statements of Qualifications and Staff conducted virtual interviews with both firms.

Based on their experience with similar projects, knowledge of the Central Valley, community engagement skillset, and existing knowledge of the City of Fowler and its residents, Staff believe Toole Design Group, LLC to be the most qualified firm to perform the work.

Approve an Agreement with Toole Design Group LLC
May 2, 2023

Page 2 ends

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306. The project is a data gathering exercise and is part of a study leading to an action which the City of Fowler has not yet approved, adopted, or funded.

FISCAL IMPACT
This item is fully funded by a Caltrans Sustainable Transportation Planning grant.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Draft Agreement
- Exhibit A: Scope of Services
021023tg 1

CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and TDG Engineering, Inc., a California Corporation ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on May 2, 2023 ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to provide a Bicycle, Pedestrian, and Trails Master Plan ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on June 30, 2024, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement on a time and materials basis. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed One Hundred Twenty-Four Thousand Five Hundred Eighty-Four Dollars and Ten Cents ($124,584.10).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Vendor reserves the right to escalate rates annually on or around April 1st of each year. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice. Should the City fail to make timely payment, Vendor reserves the right to stop work until payment is received.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as 021023tg 2
independent contractors and not as officers, employees, agents or volunteers of City. Vendor 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. Vendor 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 Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor 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 shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor 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 Vendor 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 Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor 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.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services 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. However, nothing herein shall prevent Vendor from referencing its work on this project in future marketing materials.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, 021023tg 3
business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor 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.

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

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: 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 within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’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, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor hereby agrees to indemnify 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) to the extent arising out of or in connection with the acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity 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.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this 021023tg 4
Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor 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, Vendor shall not assign the payment of any monies due Vendor 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 Vendor directly to Vendor.

22. 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.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. 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.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. 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.

27. 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 Vendor in the County of Fresno, California. Vendor shall perform the Services 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. 021023tg 5

28. 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.

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

30. 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.

31. 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 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.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor 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 Vendor have executed this Agreement on the date(s) set forth below.

TDG Engineering, Inc. CITY OF FOWLER
__________________________ __________________________ Name: Wilma Tucker Title: City Manager
Date: Date:
8484 Georgia Ave., Suite 800 128 South 5th Street
Silver Spring, MD 20910 Fowler, CA 93625
(301) 927-1900 (559) 834-3113
021023tg 6

EXHIBIT A

SCOPE OF SERVICES
021023tg 7

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services 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. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor 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 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.
(v) Professional Liability. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

If Vendor 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 insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad 021023tg 8
as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’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 Vendor’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 of the coverages required herein.

Vendor shall provide (30) days prior written notice of any material change in coverage. (iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor 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 Fowler Risk Services. The City may require the Vendor 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. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services 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 Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’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 Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor 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 Vendor to City under this Agreement. 021023tg 9

EXHIBIT C

CERTIFICATE OF INSURANCE
APRIL 7, 2023

CITY OF FOWLER

BICYCLE, PEDESTRIAN,

AND TRAILS PLAN
Exhibit A: Scope of Services -- Page 1 of 30

PAGE INTENTIONALLY LEFT BLANK
Exhibit A: Scope of Services -- Page 2 of 30

ENVISIONING WHAT COULD BE, THEN BUILDING IT
1322 WEBSTER STREET
SUITE 208
OAKLAND, CA 94612
510.298.0740
TOOLEDESIGN.COM
April 4, 2023
ATTN: Thomas W. Gaffery IV, Community Development Director City of Fowler
128 South 5th Street
Fowler, CA 93625
RE: City of Fowler Bicycle, Pedestrian, and Trails Master Plan Dear Thomas Gaffery and Members of the Selection Committee:

Toole Design is pleased to submit our statement of qualifications for the City of Fowler Bicycle, Pedestrian, and Trails Master Plan. We are excited to collaborate with the City of Fowler once again on this important planning initiative. We have reviewed your request for qualifications and crafted an approach that will result in an implementation-oriented and user-focused plan that encourages and enhances bicycling and walking throughout the City of Fowler. We have assembled a team of skilled professionals who are uniquely qualified to lead this important work and will bring both our national planning and design expertise to this project as well as our deep local knowledge and connections to your city.

Toole Design is the leading transportation planning, engineering, and landscape architecture firm specializing in active transportation. Our team includes experts in public engagement, data analysis and visualization, policy, existing conditions assessment, safety, innovative bicycle and pedestrian facility design, prioritization, funding, and implementation. We approach bicycle and pedestrian planning with the understanding that these transportation systems must operate alongside and complement other transportation modes. Our recommendations must be practical and realistic, and they must offer benefits to all roadway users in order to be implemented. Our plans become projects, policies, and programs that increase the number of people walking and biking—people of all ages and abilities using active transportation for all manner of trips.

We have identified an experienced project team to complete this plan. Ellie Fiore, AICP will be Toole Design’s Principal-in-Charge, providing oversight and strategic direction to the project team. Ellie is the Director of our Oakland office and has extensive experience leading active transportation projects in California and beyond. Anjulie Palta will be the Project Manager and primary point of contact with the City. Anjulie has managed many projects both large and small, bringing a high level of organization, creativity, and flexibility. She is the right Project Manager for this study given her experience leading similar plans, facilitating public engagement, and creating clear and compelling plans. Cindy Zerger, ASLA will serve as our Project Advisor. Cindy has a strong understanding of Fowler and how the City can begin planning for this important project. She has worked with cities across North America to develop multimodal plans and street design guidance that puts active transportation first.

As a values-driven company, Toole Design prides itself on the close-knit relationships we build with our clients and the communities we serve. We are confident in our team’s ability to deliver a practical plan that is responsive to stakeholder input and captures the vision and aspirations of the community, on schedule and within budget. If you have any questions regarding our proposal or qualifications, please contact our Project Manager Anjulie Palta at [email protected]. Thank you for considering our team.

Sincerely,
Rowell Eldridge, Executive Vice President and Chief Operating Officer Exhibit A: Scope of Services -- Page 3 of 30
Years in Business 20
Years with Present Name 20
Types of Services Multimodal transportation planning, research, engineering; and design, urban design and placemaking; LID, green stormwater infrastructure, landscape design; universal design and accessible shared spaces; downtown visioning; Complete Streets design; new mobility/micromobility/shared mobility research, policy, planning, and design; public and stakeholder engagement; graphic design, visualization, animation; GIS analysis and mapping; grant application
Subsidiaries Toole Design’s contracting entity for California is TDG Engineering, Inc. (TDG) which is an affiliate of Toole Design Group, LLC. TDG has the same management as Toole Design and performs engineering work under the direction of Amalia Leighton Cody, PE, AICP who is a California-registered engineer.

Toole Design Group Canada Inc. performs services in Canada. 10055 106 Street NW, Unit 1270, Edmonton AB T5J 2Y2
Affiliates TDG Engineering, Inc. performs engineering services in California 8484 Georgia Avenue, Suite 800, Silver Spring, MD 20910 Transportation Engineering Design, DPC. performs engineering services in New York, Connecticut, Michigan, and North Carolina
8484 Georgia Avenue, Suite 800, Silver Spring, MD 20910 Toole Design does not operate as a franchise. All of our affiliates and subsidiaries operate under the same parent company (Toole Design Group, LLC) and its principals.

TABLE OF CONTENTS

1. Introductory Letter 3

2. Project Team Experience 7

3. References 17

4. Contract Terminations 17

5. Understanding 21
Exhibit A: Scope of Services -- Page 4 of 30
2 PROJECT AND

TEAM EXPERIENCE
Exhibit A: Scope of Services -- Page 5 of 30

PAGE INTENTIONALLY LEFT BLANK
Exhibit A: Scope of Services -- Page 6 of 30
FOWLER BICYCLE, PEDESTRIAN, AND TRAILS PLAN 7

PROJECT TEAM

AND EXPERIENCE

FIRM PROFILE
Toole Design is the nation’s leading firm specializing
in multimodal transportation research, planning,
design, and engineering. We believe that great
neighborhoods, streets, and trails are the foundation
of healthy, vibrant communities. We have over 250
professional planners, engineers, and landscape
architects in 19 offices across North America. Our staff have evaluated tens of thousands of miles of roadways
to develop networks of streets that provide safer and
more accessible options for all users.

Active transportation plans are a core service area
for Toole Design. In just the past 10 years, we have
led over 60 active transportation plans. Our Oakland
team has completed 20 of those plans including six
countywide plans, 10 citywide plans, and two county
unincorporated plans—at a variety of scales from
large complex urban centers, to rural counties and
small town environments.

We bring best practice expertise and place equal
emphasis on the human side of our work. We take
stakeholder and community engagement activities
as seriously as our technical work. We work with
our clients to tailor our engagement approach. While
we may bring years of engagement experience to
the table, it is our clients’ partners who know their
community best. We are proud of our outstanding
track record of engaging people who typically do not
participate in transportation planning projects which
is a result of bring creative, effective ideas to the table and tailoring them with our clients.

We have partnered with similarly sized communities
across to enhance local businesses and economic
activity. In our work we have seen the profound positive impact of how walking and bicycling can have on the
economic vitality of a place. We also know change can
be challenging and requires a thoughtful dialogue when
often there are competing demands for precious space
within the right-of-way. We take great pride in working with community business leaders in our processes to
help shepherd change in a way that creates meaningful
buy-in and support for projects.

Our action-oriented plans result in built work.

Plans are of no use if all they amount to is beautiful
graphics and a set of lines on a map that sits on a
shelf. Our plans equip communities with what they
need to implement high-priority projects out of the
gate. We give clear direction on how projects will be
implemented, which enables us to provide accurate
planning-level cost estimates and the information
necessary to pursue funding.

We can help you increase the number of trips made
by walking and biking. We understand one of Fowler’s
goals is to encourage more people to travel on foot
and by bike, especially youths. Our Safe Routes to
School experience means we understand how to
create safe, comfortable, and accessible connections
to places people want to go.

SIMILAR PROJECTS
The following includes project examples for projects of similar size, scale, and scope. Each of these projects
demonstrate our professional skills and credentials
especially in the realm of active transportation and
transit connectivity, urban design, and experience
working collaboratively in multi-disciplinary, highly
participatory processes. On the following pages, we
have included details of relevant projects from the
past five years.

TOOLE DESIGN CENTRAL VALLEY EXPERIENCE
▪ Arden Way Complete Streets, Sacramento County
▪ Blackstone Shaw Activity Center Concept Design
▪ Clovis Active Transportation Plan Update
▪ Downtown Fowler Streetscapes,
▪ Fancher Creek Trail, City of Fresno
▪ Fresno County Regional Trails Plan
▪ Fresno Trail Expansion Feasibility Study
▪ Modesto Downtown Master Plan
▪ Re-envision West Arden Arcade,
Sacramento County
▪ Reimagine Russell Boulevard, Davis
▪ Sacramento Area Council of Governments
Woodland Neighborhood Plan
▪ Stanislaus Council of Governments Community
Transportation Needs Assessment
▪ Stanislaus Council of Governments
Non-Motorized Transportation Plan
▪ Travel by Trail, Fresno! Wayfinding and
Connectivity Plan
Exhibit A: Scope of Services -- Page 7 of 30
8 TOOLE DESIGN

CLOVIS ACTIVE TRANSPORTATION PLAN

CLOVIS, CA
Toole Design is leading the update of the Clovis Active Transportation Plan. To improve network connectivity
and safety, Toole Design is building on existing facilities and networks, and recommending ways to create safer
connections based on the latest in active transportation planning trends. The plan is focused on implementation
and recommends actionable, low-cost improvements
that create safe and comfortable facilities in the shortterm without a high price tag.

REEDLEY ACTIVE TRANSPORTATION

AND PARKWAY PLAN, REEDLEY, CA
Toole Design is leading the development of a new
municipal-level plan for active transportation and
parkway plan to position the City of Reedley for
competitive state and federal grant funding. The plan’s goals are to attract new users to the Parkway and create walking and biking networks for users of all ages and
abilities. The plan will emphasize connections to and
enhancements of the Parkway Rail Trail. Toole Design’s
role includes conducting bicycle and pedestrian network assessments, creating a basemap and assist in bike
network development, creating an easy to use website,
and project prioritization. Toole Design led bilingual
Spanish-English public engagement through an online
survey and in-person charrettes. We will also develop
design guidance for safe bicycle and pedestrian facilities.

FANCHER CREEK TRAIL PLAN, FRESNO, CA
Toole Design is conducting a feasibility analysis and
producing concept plans for the conversion of an
existing irrigation canal into a shared-use path for
the City of Fresno. The shared use path will link rural agricultural lands with new mixed-use development
and an extension of Fresno’s BRT line. The project
includes a sizable community engagement effort that
includes pop-up events, coordinated Safe Routes
to School surveys with schools near the project
area. These engagement activities informed our
development of concept designs.

SAN PABLO BICYCLE AND PEDESTRIAN

CORRIDOR STUDY, SAN PABLO, CA
Toole Design conducted an in-depth feasibility analysis of 10 high-priority corridors to evaluate impacts of
multiple alternative design options. This included
review of the existing traffic conditions, parking usage, roadway width and right-of-way constraints, transit
access, and collision histories along each corridor.

Toole Design worked directly with City staff and
multiple community-based organization (CBO) partners
to develop all ages and abilities corridor options for
people walking, bicycling, and accessing transit that can feasibly work within existing right-of-way constraints.

Through a series of community workshops and pop-up
input stations that were co-hosted with CBO partners,
participants provided recommendations for design
alternations and vote on their favorite alternatives. A temporary demonstration allow community participants
to experience first-hand how their selected preferred
alternative will feel once installed on-the-ground. The Final Corridors Study Report included planning-level
cost estimates and an action plan to lay the foundation for rapid implementation.

STANCOG NON-MOTORIZED

TRANSPORTATION PLAN, STANISLAUS, CA
Toole Design led the development of Stanislaus
Council of Government’s (StanCOG) updated NonMotorized Transportation Plan. The Plan established new goals, assessed existing conditions, and identified opportunities to improve non-motorized travel options
and increase access to public transportation.

Community engagement was a key component of this
project. Toole Design developed a Public Participation Plan to help guide where limited resources should be used
to better understand the non-motorized transportation
needs of the county’s most vulnerable populations.

Toole Design our attractors and generators analysis
identified pedestrian focus areas and created a
countywide backbone bikeway network that supports
areas with the highest trip generating potential. This
analysis was compared with needs identified in equity
focus areas and a safety analysis to provide project
recommendations that will have the greatest impact to
support a modal shift to walking and biking.

The final plan included a variety of resources to help
StanCOG and local agency staff apply for funding
and implement projects efficiently. A matrix detailed
federal, state, and regional funding sources. A project prioritization exercise and implementation strategy
will help staff identify and implement projects in
a cost-effective manner and align projects with
appropriate funding sources.

Exhibit A: Scope of Services -- Page 8 of 30
FOWLER BICYCLE, PEDESTRIAN, AND TRAILS PLAN 9

CALTRANS DISTRICT LEVEL

ACTIVE TRANSPORTATION PLANS
Toole Design led the development of active transportation plans for each of the Caltran’s 12 Districts. Toole
Design developed an overarching statewide data
framework and methodology for collecting, storing,
and using active transportation data and was flexible
enough for local Districts to customize it to meet
their local context and needs. Toole Design identified
which State Highway System segments to include
in an asset inventory, and developed a standardized
methodology and format for collecting and storing
asset data. We developed and implemented a route
prioritization (demand and needs) methodology, and
identified gaps in the network, performance metrics,
and prioritization criteria.

Each plan was data-driven, and focused on developing
context-appropriate recommendations on and adjacent
to the Caltrans State Highway System. Throughout the
study process and in each plan, there was an emphasis
on social equity—strengthening and reconnecting
disadvantaged communities and providing safer
alternatives for people who walk, bicycle, and use transit.

FRESNO TRAIL EXPERIENCE
Fresno County Regional Trails Plan
Toole Design developed this regional trails plan
with a vision and recommendations for new trail
connections. We facilitated virtual community
advisory group meetings and developed an online,
interactive. The plan includes an implementation
strategy that identifies high-priority connections
that the County will realistically be able to fund to
close gaps and encourage the use of the trails.

Fresno Trails Network Expansion Feasibility Study
Toole Design led a comprehensive analysis and
prioritization of unfunded trails for design and
implementation. Our prioritization methodology
addressed connectivity, accessibility, congruence with
plans and projects, environmental, built environment,
and socio-economic barriers to mobility and health.

We also developed conceptual designs and cost
estimates for each of the selected corridors. We held
community meetings, led a walkshop, andworked
with a Trail Advisory Committee.

Travel by Trail, Fresno! Wayfinding Plan
Toole Design developed a comprehensive wayfinding
plan to connect the City’s growing network of trails with its new BRT line and other high-use transit corridors.

The plan developed three design alternatives, and
worked with a steering committee, the community, and
stakeholders to evaluate and select a final sign design.

KEY STAFF
Toole Design has selected a group of highly experienced planners, designers, and engineers who have demonstrated expertise on similar projects. Key staff are identified in the table below. Their resumes, including availability for this project, are on the following pages.

Mia Candy
Lauren Pepe
Trevor Lien
Danielle Parnes
Anjulie Palta

PRINCIPAL-IN-CHARGE
Ellie Fiore, AICP

PROJECT MANAGER

PLANNING
Andrew Kotalik, EIT
Christi Nielsen

ENGINEERING

CITY OF FOWLER

ADVISOR
Cindy Zerger, ASLA
Exhibit A: Scope of Services -- Page 9 of 30
10 TOOLE DESIGN
Anjulie is a skilled project manager with a wealth of experience in planning, design, and community engagement at a variety of scales for private, institutional, governmental, and municipal clients. Anjulie specializes in managing communitycentered design projects that focus on addressing racial and economic inequality through active transportation and public space planning. She is passionate about creating vibrant urban places that are walkable and bikeable for everyone.

SELECTED PROJECT EXPERIENCE
StanCOG Community Transportation Needs Assessment, Stanislaus County, CA The Stanislaus Council of Governments (StanCOG) is leading two planning projects in the communities of Empire and Bystrom. The projects explore on how to make it safer, easier, and more convenient for people to walk, bike, and take transit in each community. Anjulie is helping organize and lead engagement outreach and event efforts in both communities through in-person charrettes and one-on-one facilitated conversations.

Bay to Sea Trail, San Francisco Bay Area, CA
The Bay to Sea Trail Feasibility Project is a collaboration between eleven partner agencies and organizations to plan a 40-mile multiuse trail that guides and connects people to nature and open space on the Peninsula between the San Francisco Bay and the Pacific Ocean. This east-west trail will cross urban communities and rural open space and will also connect people to regional trails and pedestrian/bicycle networks within San Mateo County, Santa Clara County and other surrounding counties. Anjulie is an integral team member developing strategies for local and regional trail planning, design analysis, and stakeholder engagement services.

Fancher Creek Trail Plan, Fresno, CA
For this project we are studying the feasibility of a shared use path along the Fancher Creek corridor with the intent of linking rural agricultural areas with new mixed use development and an extension of Fresno’s BRT line. Anjulie is leading the extensive community engagement effort in an underserved community, including temporary demonstration pop-up events along the trail. The trail plan includes a feasiblity analysis, right-of-way acquisition analysis, and conceptual designs for the corridor.

Coleman and Ringwood Avenues Transportation Study, Menlo Park, CA Toole Design is working for the County of San Mateo to determine a conceptual design for two key community corridors. The project involves a robust community engagement process, including gathering and analyzing data, developing evaluation criteria, and identifying improvements that improve active transportation, safety, and mobility. Anjulie is leading the community engagement strategy and is responsible for the development of engagement activities, tools, and a living document where key themes and takeaways from each phase of engagement will be documented.

PROJECT MANAGER

P R O F E S S I O N A L

HIGHLIGHTS
Years of Experience: 14
Toole Design: 2022-Present
Cooper Robertson: 2018-2022
Studio Gang: 2017
The International Forum on
Globalization: 2011-2014
EAH Housing: 2009-2011

EDUCATION/

CERTIFICATION
Master of Architecture,
University of Texas, Austin: 2018
Bachelor of Arts, Urban Studies,
University of Minnesota,
Minneapolis: 2009

AVAILABILITY
40%

ANJULIE PALTA
Exhibit A: Scope of Services -- Page 10 of 30
FOWLER BICYCLE, PEDESTRIAN, AND TRAILS PLAN 11
Ellie is a Senior Planner and Director of Toole Design’s Oakland office. She has a broad range of planning and
project management experience throughout the Bay
Area and nationally. She has worked on interdisciplinary, cross-sector planning projects at a variety of scales
including Specific, General and Downtown Plans.

She brings expertise in urban design, planning, and
community engagement including integrated land use
and mobility planning. She is passionate about creating safe and vibrant communities for all.

Reedley Active Transportation Plan, Reedley, CA
Ellie is the Principal-in-Charge for the development of a new active transportation plan for Reedley, including a master plan for its Parkway system, and position the
City for competitive grant funding. She monitors Toole
Design’s performance on the contract and coordinates
with the Project Manager to ensure the project
remains on-schedule and within its budget.

Morgan Hill Bikeways, Trails, Parks and Recreation
Master Plan, Morgan Hill, CA
Ellie was the Project Manager and Community
Engagement Lead on the City of Morgan Hill’s
Parks, Recreation, Open Space, and Trails Plan.

This implementation-focused plan consolidated
and updated three previous documents to create
a coordinated set of policies, actions, and priority
projects to improve community connectivity and health
for a 20-year planning horizon.

Alameda Active Transportation Plan, Alameda, CA
Ellie is the Project Manager for the City of Alameda’s
effort to develop an active transportation plan with a
network that is suitable for all ages and abilities and prioritizes low-stress bicycle and pedestrian facilities.

She is overseeing policy and plan development,
review, and community engagement during the final
stages of this effort. Ellie coordinates QA/QC, and
manages the scope, schedule, and budget.

PRINCIPAL-IN-CHARGE

PROFESSIONAL HIGHLIGHTS
Years of Experience: 18 | With Toole Design: 1
Master of Urban and Regional Planning
Bachelor of Arts, Sociology
American Institute of Certified Planners
20% Availability

ELLIE FIORE, AICP

ADVISOR
Cindy is Toole Design’s Director of Urban Design
for California and has a wealth of experience in
multimodal transportation planning including corridor
redesigns and urban designs for the public realm.

Cindy has led some of the company’s most complex
and largest streetscape and master planning projects
across the country and in California. Cindy coined the
phrase “path as place” which has been influential in
the company’s approach to designing streets to be as
enjoyable as the destinations to which they lead. As
an Advisor for this project, she will work closely with Anjulie to tailor the project process to the needs of the Fowler community.

Fowler Downtown Streetscape Plan, Fowler, CA
Cindy is serving as Project Manager and Lead
Designer for the Fowler Downtown Streetscape Plan.

She has worked with City staff, community members,
and the design team to develop creative solutions to
enhance the walkability and overall experience of
downtown Fowler.

Berkeley Southside Complete Streets Project,
Berkeley, CA
Cindy is leading the team from conceptual design
through full PS&E and construction administration
services. The goal of the project is to create better
walking, biking, driving, and transit experience
throughout the area.

Reimagine Russel Boulevard, Davis, CA
Cindy is Project Manager and Lead Designer working
with the City of Davis and University of California
at Davis (UCD) in a joint effort to reimagine Russell
Boulevard. Russell Boulevard is a key east west street, serving as the gateway to the City and UCD. Cindy is
leading a team of designers to work with the community
to create a concept that functions for all modes and
celebrates the City and UCDs rich agrarian history.

PROFESSIONAL HIGHLIGHTS
Years of Experience: 16 | With Toole Design: 9
Master of Urban and Regional Planning and
Landscape Architecture
Bachelor of Arts, Sociology
20% Availability

CINDY ZERGER, ASLA
Exhibit A: Scope of Services -- Page 11 of 30
12 TOOLE DESIGN
Mia is an experienced project manager and facilitator
with over ten years of experience at the intersection of urban planning and design, stakeholder engagement,
public health, and education. Her current work
focuses on integrated land use and transportation,
multimodal corridor planning, Vison Zero, and Safe
Routes to School. With roots in urban anthropology
and community organizing, Mia integrates quantitative
analysis with storytelling and thoughtful community
engagement in pursuit of just and equitable cities. She uses her expertise in geospatial and data analytics,
research, and visual communication to help her clients
understand and address the historic inequities in
housing, health, wealth, and transportation.

StanCOG Community Transportation
Needs Assessment, Stanislaus County, CA
Mia is the Project Manager for this multimodal needs
assessment for two rural, disadvantaged, unincorporated communities. Mia led the development of an existing
conditions report that made the connection between
mobility needs and land use, economic development,
health, community building, and environmental conditions.

She organized bilingual English/Spanish workshops and
surveys, and led site visits for local agency staff. She led the development of concept design recommendations for
four priority locations and the final needs assessment report.

San Pablo Bicycle and Pedestrian Corridor Study,
San Pablo, CA
Mia led the engagement process for this multimodal
planning and design effort. She developed paid,
contractual partnerships with Community Based
Organizations who helped provide widespread and
equitable public participation opportunities. She
managed the rollout of hybrid remote/socially-distanced engagement techniques including sidewalk decals, popup bike rides, and multilingual online workshops.

PLANNER

PROFESSIONAL HIGHLIGHTS
Years of Experience: 11 | With Toole Design: 3
Masters of City and Regional Planning
Bachelor of Arts, Anthropology and English Literature
Thrivance Institute Dignity Infused Community Engagement and Youth Engagement Certificates
40% Availability

MIA CANDY

PLANNER
Danielle is a planner with public, private, and nonprofit experience on projects making cities safer and more comfortable for people biking and walking.

With a background in community engaged design and
bicycle advocacy, Danielle brings a creative, human
centered approach to her work. She has worked on a
variety of projects, policies, and programs related to
bike infrastructure, shared mobility, Vision Zero and
Complete Streets.

Westside Mobility Projects, Los Angeles, CA
Danielle is part of a team developing bike connections in West Los Angeles. Her responsibilities include assessing existing conditions, as well as preparing materials for and running community engagement activities.

Los Angeles County Bike Plan, Los Angeles, CA
Danielle is the task lead for community engagement and
outreach efforts for the development of a county-wide
Bike Plan. Danielle is overseeing the development of the community engagement plan, community engagement
communications and events, and ensuring that
community feedback is effectively integrated into the
proposed bike network, policies, and programs.

LADOT Safe Routes for Seniors, Los Angeles, CA
Danielle is serving as the Deputy Project Manager for
a pilot program developing plans and demonstration
projects that improve safety and mobility for older
adults in five neighborhoods in Los Angeles.

Hayward Shared Micromobility Feasibility Study,
Hayward, CA
Danielle is part of a team evaluating the feasibility
of a shared mobility program in the City of Hayward.

Danielle’s responsibilities include evaluating
shared mobility programs in peer cities, including
understanding businesses models, vehicle and fleet
characteristics, and equity considerations, in addition to evaluating baseline conditions within Hayward.

PROFESSIONAL HIGHLIGHTS
Years of Experience: 11 | With Toole Design: 1
Masters of Urban and Regional Planning
Bachelor of Fine Arts, Industrial Design
40% Availability

DANIELLE PARNES
Exhibit A: Scope of Services -- Page 12 of 30
FOWLER BICYCLE, PEDESTRIAN, AND TRAILS PLAN 13
Lauren is a planner with both public and private sector experience in developing and implementing active
transportation plans, as well as writing and developing policy for climate action and general plans. Her skills include pedestrian network mapping and connectivity
analyses, general plan and corridor plan writing,
policy development, public engagement, zoning code
updates, and capital and development project review.

Reedley Active Transportation and Parkway Plan,
Reedley, CA
Lauren is the primary planner for this effort to develop a new Active Transportation and Parkway Plan for the
City of Reedley, and position the City for competitive
grant funding. Her duties include existing conditions
analyses, co-leading bilingual Spanish-English public
engagement through an online survey and in-person
charrettes, and helping to develop the plan.

Alameda Active Transportation Plan, Alameda, CA
Lauren is a key planner for this effort to develop an
active transportation plan for the City of Alameda that is suitable for all ages and abilities and prioritizes lowstress bicycle and pedestrian facilities. She has served as the lead author of the plan during the later stages of plan development, including the public review draft and final draft, and she is managing client comments and
deliverables, as well as communications with the data
science team. She also created outreach materials and
presented at public meetings.

San Francisco Active Communities Plan,
San Francisco, CA
Lauren is the primary planner for this effort to update the City of San Francisco’s bicycle plan in a way
that is inclusive of all micromobility. In addition to
assisting with existing conditions analyses and plan
development, she manages daily communications with
the client and internal staff, and participates in and
keeps records of most of the project meetings.

PLANNER

PROFESSIONAL HIGHLIGHTS
Years of Experience: 5 | With Toole Design: 1
Master of Community Planning, Community Planning
Master of Science, Neuroscience
Bachelor of Arts, Psychology
35% Availability

LAUREN PEPE
Trevor has a strong command of non-traditional
multimodal planning for first-/last-mile, active
transportation, and Safe Routes to School Plans. He has end-to-end experience at each phase of the planning
process, including the preparation of thoughtful
engagement plans, macro and micro data analysis,
vulnerable user mitigations, and comprehensive
prioritization schemas. Trevor specializes in corridor
and network improvement planning for pedestrian,
bicycle, and transit users in a way that translates
fundamental needs into implementable projects.

OCTA Active Transportation Support Services,
Orange County, CA
Trevor is managing a multidisciplinary team
of subconsultants to deliver a range of active
transportation support services for the Orange
County Transportation Authority. The contract
includes a series of trainings to enhance capacity of
Authority staff and stakeholders to implement active
transportation facilities, a wide variety of strategic
communication activities to educate and engage
the public, and technical support for evaluation of
Authority and partner plans, projects, and policies.

Most notably during ATP Cycle 6, he led and oversaw a
team to submit $10M in funding applications.

Huntington Beach Mobility Implementation Plan,
Huntington Beach, CA
As Project Manager, Trevor is leading the development
of network recommendations for both pedestrians
and bicyclists, as well as micromobility. Trevor has
overseen the onboarding and analysis of data for
an existing conditions assessment, development
of an outreach and engagement plan, facilitated
public meetings, guided the development of network
recommendations, coordinated project progress,
budget, and schedules with the client.

PLANNER

TREVOR LIEN

PROFESSIONAL HIGHLIGHTS
Years of Experience: 8 | With Toole Design: 1
Master of Urban and Regional Planning
Bachelor of Science, Kinesiology
Federal Aviation Administration Part 107 Commercial
Drone Pilot
30% Availability
Exhibit A: Scope of Services -- Page 13 of 30
14 TOOLE DESIGN
Christi is a civil engineer with a background in site
design and land development. She has been involved in
a wide range of projects, including roadway, mixed-use, commercial, residential, parks and trails. Working in
both the public and private sectors, she has experience with accessible design, stormwater management,
green infrastructure and low impact development,
utility design, site grading and erosion control.

Berkeley Southside Complete Streets, Berkeley, CA
Christi is supporting the production of design
development plans to improve the multimodal
transportation facilities along three major corridors
near UC Berkeley campus. Being an area of historical
importance, the project aims to support the economic
development and retention of local businesses,
along with the goal of improving travel conditions for
pedestrians, bicyclists, and transit users. Christi’s
role spans the entire project timeline, and includes
demolition plan design, base file management, subcontractor coordination, and ADA compliance studies.

Coleman and Ringwood Avenues Transportation Study,
Atherton-Menlo Park, CA
Christi supported the community engagement
strategy to identify the concerns of pedestrians and
bicyclists who travel these two critical residential
corridors, which service a high volume of students
ranging from elementary to high school ages.

The project involved close observation of varying
transportation mode interactions and centered
student safety as a driving goal in the ultimate
redesign of the two corridors. Her role involved
coordinating pop-up logistics, collaborating
with stakeholders, and assessing existing
accommodations for bicyclists and pedestrians.

UCSF Transportation Planning, San Francisco, CA
Christi held an active role in designing new bike
parking facilities for the University of California San Francisco. This task included modeling designs in
SketchUp, compiling concepts into a deliverable format, coordination with stakeholders, and cost estimation.

ENGINEER

PROFESSIONAL HIGHLIGHTS
Years of Experience: 5 | With Toole Design: 1
Bachelor of Science, Civil Engineering
40% Availability

CHRISTI NIELSEN
Andrew is a transportation engineer with experience
in the analysis, design, and implementation of
multimodal street projects. Andrew has designed
and implemented quick-build projects in coordination
with agencies and public feedback while following
the latest guidelines in the industry. He has seen
projects through from public outreach to design to
implementing them in the field. He has construction
administration experience coordinating with
construction crews. These quick-build projects include
protected bicycle lanes, hardened centerlines, and
painted pedestrian plazas.

Berkeley Southside Complete Streets, Berekeley, CA
Andrew is leading the development of signing, striping, and curb management strategy for Berkeley Southside
Complete Streets. The multimodal corridor design
incorporates two-way Class IV separated bicycle
facilities and dedicated bus lanes, in an area with very high pedestrian volumes.

Arden Way Complete Streets Master Plan,
Arden-Arcade, CA
Andrew advised, developed recommendations, and
updated the concept plans and cost estimate for a two
mile segment of Arden Way incorporating a sidewalklevel bike facility on a busy arterial through the heart of Arden-Arcade.

Lafayette Safe Routes to School, Lafayette, CA
Andrew coordinated with the City Engineer and
advised on the location and implementation of school
crosswalks for nine schools within the Lafayette
Unified School District.

Quarry Lakes Parkway, Union City, CA
Andrew made design recommendations on the bicycle
and pedestrian elements of a new multimodal
corridor in Union City. The project will connect the BART Station District to adjacent growing communities.

ENGINEER

PROFESSIONAL HIGHLIGHTS
Years of Experience: 5 | With Toole Design: 1
Bachelor of Science, Civil Engineering
Engineer-in-Training
40% Availability

ANDREW KOTALIK, EIT
Exhibit A: Scope of Services -- Page 14 of 30
3 REFERENCES

AND CONTRACT

TERMINATIONS
Exhibit A: Scope of Services -- Page 15 of 30

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Exhibit A: Scope of Services -- Page 16 of 30
FOWLER BICYCLE, PEDESTRIAN, AND TRAILS PLAN 17

REFERENCES
We invite you to contact our clients profiled in this proposal regarding the quality of Toole Design’s work and our staff’s experience and performance.

Ryan Burnett, Engineering Program Supervisor
City of Clovis
1033 Fifth Street, Clovis, CA, 93612
559.324.2336, [email protected]
Project: Active Transportation Plan ($90K)
Marilu Morales, PE, City Engineer
City of Reedley
1733 9th Street, Reedley, CA 93654
559.637.4200 x221, [email protected]
Project: Active Transportation and Parkway Plan ($200K) Sarah Kolarik, Environmental Program Analyst
City of San Pablo
13831 San Pablo Avenue, San Pablo, CA 94806
510.215.3068, [email protected]
Projects: Bicycle and Pedestrian Corridor Study ($222K), Safe Routes to School Plan ($123K)
Cassie Scholz, PE, Supervising Professional Engineer
City of Fresno
2600 Fresno Street, Room 4016, Fresno, CA 93721
559.621.8720, [email protected]
Projects: Fancher Creek Trail Plan ($187K)
OMISO
husiasm about the project
ly near schools
gs Canyon to Tulare

CONTRACT TERMINATIONS
TDG Engineering, Inc. has not had a contract terminated in the last five years.

ADDITIONAL REFERENCE FOR PROJECT MANAGER, ANJULIE PALTA Vanessa Castro, Active Transportation Specialist, County of San Mateo, 400 County Center, Redwood City, CA 94603, 209.499.6493, [email protected], Project: Coleman Ringwood Avenues Transportation Study Exhibit A: Scope of Services -- Page 17 of 30

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Exhibit A: Scope of Services -- Page 18 of 30
5 PROJECT

UNDERSTANDING

AND SCOPE
Exhibit A: Scope of Services -- Page 19 of 30

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Exhibit A: Scope of Services -- Page 20 of 30
FOWLER DOWNTOWN STREETSCAPE PLAN AND CONCEPTUAL DESIGN 21

UNDERSTANDING
We understand the City of Fowler Bicycle, Pedestrian, and Trails Master Plan will be built from robust collaboration with the public and stakeholders and will measurably move the needle on enhancing Fowler’s multimodal network. To do so, this Plan will identify phased infrastructure projects as well as important programs and policy steps to promote walking and bicycling throughout the community. We are excited to work with the City to craft a plan that reflects the community’s values and achieves the project objectives identified in the Request for Qualifications.

To achieve these goals the this project needs to:

Build on momentum by leveraging local and regional work. There are some great ideas expressed in the Fowler Community Pedestrian & Bicycle Safety Training Summary and Recommendations Report such as addressing uncontrolled intersections and improving connectivity that can move forward in this planning process.

Engage with constituents in an inclusive and meaningful way. The Fowler community takes pride in both a deep sense of connection to each other and Fowler’s heritage. We can frame engagement opportunities as a celebration of this pride and ways to amplify connection within the community.

Develop a safe, accessible, and comfortable network. First and foremost the walking and bicycling network must be safe. More than that, it needs to be perceived as a viable, enjoyable transportation option to key destinations in the community such as downtown, the future trail along Golden State Highway, Panzak Park, local schools, and new developments.

Set the chart for implementation. Fowler is ready for implementation. We know this from previous work and the energy we observe in the community, City Council, and City staff. The plan must provide feasible recommendations and chart a course that is right-sized for phased implementation in the Fowler context.

Exhibit A: Scope of Services -- Page 21 of 30
22 TOOLE DESIGN
We are pleased to present a work plan that is
responsive to the priorities and scope outlined in the
Request for Qualifications. This approach is flexible,
based on the City’s priorities and budgetand we look
forward to tailoring this as needed.

TASK 1: PROJECT MANAGEMENT
The purpose of Task 1 is to establish an effective
relationship with the City and its key partners, develop a mutual understanding of the goals of the project, and create a framework for collaborative project management.

TASK 1.1: PROJECT KICKOFF MEETING
Toole Design will facilitate a kickoff meeting with the City of Fowler to finalize the project’s scope of work, schedule, objectives, and team roles. During this meeting, we will clarify the City’s project management and administrative expectations. Following the meeting, Toole Design will
revise and finalize the project scope and schedule.

TASK 1.2: ONGOING PROJECT MANAGEMENT
Project Manager, Anjulie Palta, will be responsible
for project oversight and regular communication with
Fowler staff. Project management check-in calls to
provide project updates, review ongoing work, and
collaborate on upcoming tasks and deliverables will
be scheduled as needed. Most of these meetings will be
held virtually via Zoom or the City’s preferred platform, with in-person meetings taking place as they coincide
with travel for field work or community engagement
activities. Anjulie will submit progress reports and
invoices to staff on the first of each month and ensure the project remains on schedule.

Task 1 Deliverables
▪ Project kickoff meeting materials and summary
▪ Project management calls and summaries
▪ Monthly project reports and invoices
TASK 2: COMMUNITY ENGAGEMENT
Building off our recent engagement work in the City of
Fowler, Toole Design will seek input from a broad crosssection of the public through a targeted, meaningful, and innovative participation process. We will craft a custom set of in-person and virtual outreach strategies that
will inform the public of the planning process, educate the public on the purpose, need, and benefits of bicycle and pedestrian infrastructure, and gather feedback
for the plan. Feedback will ultimately guide the team in developing design principles and a vision for the plan.

Public engagement strategies will be designed and
implemented to gather input and data on opportunities

PROJECT APPROACH
and barriers to bicycling and walking as well as resident perceptions about current conditions and future needs.

TASK 2.1 COMMUNITY ENGAGEMENT PLAN
Toole Design will draft a Community Engagement
Plan (CEP) at the beginning of the project to outline
the proposed approaches, including details such as
engagement exercises, proposed dates, locations, and
participants. We will coordinate with the City to identify the best strategies to connect to locals, including
coordination with local schools, non-profits, clubs,
or other groups, such the Recreation Commission,
The Fowler Improvement Association and the Senior
Center, who can help us reach the community.

TASK 2.2 ENGAGEMENT EVENTS
Community outreach and engagement cannot be done
with a one-size-fits-all approach when our goal is to
hear from a wide range of people in the community. We
will meet people where they naturally gather, as well as using social media and digital outreach platforms.

We anticipate soliciting input through a variety of inperson and virtual engagement strategies at key points of the project. We will work collaboratively with City staff to determine the most effective mix of these strategies to meet budget constraints while achieving the broadest reach in Fowler. It is assumed the team will confirm the number and type of activities in the CEP, consistent with available staff and budget resources. The next page
includes a sampling of potential engagement strategies
to be implemented as part of the outreach process.

TASK 2.3 ENGAGEMENT SUMMARY MEMO
Toole Design will document feedback from outreach
activities in a rolling Engagement Summary Memo
which will be designed for easy incorporation into the
final deliverable. The memo will be updated throughout
the project and after each engagement activity. It will present the description of activities, attendees, dates, and locations and will include a summary of participant feedback and activity outcomes. Additionally,
presentations, meeting minutes, comments and
responses, and other materials developed in support of
engagement activities will be compiled.

Exhibit A: Scope of Services -- Page 22 of 30
FOWLER DOWNTOWN STREETSCAPE PLAN AND CONCEPTUAL DESIGN 23

ENGAGEMENT TECHNIQUES

IN-PERSON ENGAGEMENT
Community Workshops educate and generate feedback from the public through a variety of mediums (e.g., illustrative graphics, online stations, video). We envision using workshop formats that minimize slideshow presentations and emphasize interactive stations and dialogue, much like we did for the Fowler Downtown Streetscapes Plan.

Intercept/Pop-ups occur along greenways/high volume pedestrian areas and can offer direct feedback from users of the current bicycle and pedestrian networks.

Group Bike Ride or Walk with a cross-section of community members and local agency staff offer an opportunity to get a general overview of existing conditions in popular walking and bicycling areas of the City while discuss key issues and concerns with stakeholders.

A “Meeting in a Box” allows any City staff person, steering committee member, or community leader to give an educational presentation and gather feedback. This tool expands the reach of community outreach, empowering anyone to become a champion for the project.

VIRTUAL ENGAGEMENT
Online community workshops and town halls can complement inperson community meetings and can be hosted via Zoom or Facebook Live, these are low cost means of providing additional outreach opportunities and would provide community members an opportunity to ask questions directly to our team members.

Online surveys generate input on transportation behavior and preferences. Online surveys can be distributed through online marketing and social media posts as well as in-person distribution (via a QR code) at community events.

Interactive web maps allow participants to provide detailed, locationbased information, and answer supplemental survey questions on project goals and objectives, barriers to walking and bicycling, attitudes and preferences, or demographic information.

Exhibit A: Scope of Services -- Page 23 of 30
24 TOOLE DESIGN
TASK 2.4: MESSAGING AND

PROMOTIONAL MATERIALS
Public awareness and timely notification of events will be critical to encourage participation in the planning process and ultimately gain community support of the plan. In
the CEP, we will outline a detailed public awareness
campaign that specifically focuses on messaging, timing of publicity, and types of media releases to inform the public about the project and engagement opportunities.

During the process, our team will be responsible for
crafting all messaging and having the material translated into Spanish. All materials will be reviewed by the City Project Manager and revised as necessary.

Task 2 Deliverables
▪ Community Engagement Plan
▪ Three in-person engagement events
▪ A mix of asynchronous virtual engagement
techniques
▪ Collateral for engagement events
▪ Engagement Summary Memo
Recommendations Report, the Fowler 2040 General
Plan Update, as well as related projects identified in
the RFQ. As the authors of the Downtown Streetscape
Conceptual Plan, we will also incorporate our ongoing
knowledge and understanding of this study.

This review will focus on recommendations for
infrastructure, programs, and policies that may influence bicycling and walking within the community. Local
regulations related to the design and construction
of streets, bicycle and pedestrian facilities, and new
development will be reviewed and analyzed with an eye
for identifying conflicts that may potentially impede future projects or impact the safety of people on bicycle or foot.

TASK 3.2: PREPARE BASE MAPS
Base maps will be produced as necessary for all
planning efforts, including fieldwork, network plan
development, and final recommendations. Limited
fieldwork identifying missing elements of data will
be incorporated into the GIS dataset. Base maps will
highlight the location and condition of existing bike
and transit facilities, sidewalks, and recreational trail systems. Proposed infrastructure, crash data, and
Annual Average Daily Traffic (AADT) and other traffic
attributes will also be included. Base maps will be used for analysis work, public meetings, and the final plan.

TASK 3.3: NETWORK ANALYSIS
Relying on both the data collected and a review of
existing plans, Toole Design will conduct a barriers
analysis and needs assessment for the Fowler
bicycle and pedestrian network. The analysis will be
used to identify:
▪ Network Gaps: Are there short gaps in the existing
network that, if closed, could significantly improve
access for people walking and biking?
▪ Safety: What priority investments could help reduce
the likelihood and severity of traffic crashes?
▪ Trip Potential: Where are the places that are (or could be) generating the most biking and walking trips?
▪ Equity: What investments could improve safety
and access most in areas where people are more
dependent on walking, biking, and transit?
▪ Programs and Education: What opportunities exist to
create a more vibrant culture of walking and biking?
▪ Policy and Design Guidance: Are the institutional
tools in place to support the development of highquality, multimodal streets and trails? Our analysis will result in a comprehensive memo
which will include a series of maps and narrative text. A methodology document will also be provided, if needed,
to explain some of the technical aspects of the analyses.

Cindy Zerger (right) leads a Community Workshop in Fowler.

TASK 3: EXISTING CONDITIONS
The purpose of Task 3 will be to compile data and
evaluate current bicycle and pedestrian conditions
throughout Fowler, including existing and planned
infrastructure. This will involve a review and analysis of previous planning efforts, existing data sources,
and targeted new data collection in areas with known
challenges and opportunities.

TASK 3.1: EXISTING PLANS, POLICIES,

AND STANDARDS REVIEW
We will thoroughly review existing plans and studies,
including but not limited to the Fresno County Regional Active Transportation Plan, the Fowler Community
Pedestrian & Bicycle Safety Training Summary and
Exhibit A: Scope of Services -- Page 24 of 30
FOWLER DOWNTOWN STREETSCAPE PLAN AND CONCEPTUAL DESIGN 25 The results of this analysis will be used as the foundation for developing the bike and pedestrian network and
prioritizing individual segments and corridors.

Task 3 Deliverables
▪ Base map(s)
▪ Plans, Policies, and Standards Review Memo
▪ Network Analysis Memo
for people on bicycles and pedestrians; however,
recommendations will not be limited to these streets
if other reasonable connections present themselves,
including on-, off-, and adjacent-to-road locations.

TASK 4.2: DESIGN GUIDANCE
Toole Design will collect relevant existing design
guidelines, as well as national design guide best
practices, to assemble design guidance for a variety
of streetscape amenities and applications. We already
have a head start on national best practices, through
our work on numerous design manuals for agencies
and communities across the country, including the
AASHTO Guide for the Development of Bicycle Facilities, AASHTO Guide for the Planning, Design, and Operation
of Pedestrian Facilities, FHWA’s Achieving Multimodal
Networks: Applying Design Flexibility and Reducing
Conflicts, and FHWA’s Bicycle Facility Selection Guide.

The following includes a sample of the types of topics
to be included as design guidance:
▪ Potential bicycle and pedestrian facility typologies, including cross-section graphics and typical dimensions. ▪ Bike parking, including siting, adjacencies,
relationship to transit routes/stops, and capacities.
▪ Transit stops, including benches, shelters, amenities, and other details to improve accessibility for and
encourage use by bicyclists and pedestrians.
▪ Bikeshare, including siting options (e.g., corner,
midblock, parking lane, sidewalk), relationship
to bicycle, pedestrian, and transit facilities, and
potential infrastructure modification considerations
(e.g., pavement, curb and gutter, intersections,
stormwater and other utilities).

The above is just a sample list of the types of topics
design guidance could cover. We will work with City
staff to tailor this to guidance that is most needed in for Fowler.

Task 4 Deliverables
▪ Network recommendations map(s)
▪ Design guidance appendix
TASK 5: IMPLEMENTATION STRATEGY
A successful Bicycle, Pedestrian, and Trails Plan
will consider biking and walking as integral parts
of the transportation system and look holistically
at on-street bikeways, sidewalks, and trails as
interconnected networks. It will also include an
ambitious but achievable implementation strategy
that goes beyond infrastructure to include policy and
program recommendations tailored to meet Fowler’s
goals and have meaningful impacts on biking and
walking in the city.

Washington S treet
Business 371
State Highway 210
State Highway 210
South 6th Street
State Highway 210
Business 371
MN 371
MN 371
8th Ave NE
8th Ave NE
Highway 25 South
Laurel Street
36th Street Southwest
Northwest 4th
Street
Woida Road North
West Laurel Street
South 8th Street
South
4th Stre et
Beaver Dam Road
Wise Road
Johnson
Road
South 5th
Street
West College
Drive
132nd Street
Southwest
Willow Street
Oak Street
Industrial Park
Road
South College Road
County Road 49 North
County Road 142
Thompson Road
100th Street
County Road 123
County Roa d 3
Pine Beach Road
Mill Ave N
County Road 18
Pine Beach Road Northwest
State Highway 18
Greenwood Street
St Mathias Road
Pine Beach Road
Thiesse Road
Southeast 13th Street
11th Avenue Southwest
Mapleton Road South
Riverside Drive
HighlandScenic Drive South
State Highway 25
Airport
R o a d
PERCH
LAKE
HARDY
LAKE

MUD LAKE GILBERT LAKE

RED SAND LAKE

MILE LAKE
WHITE

SAND LAKE
JACKS
LAKE

GULL LAKE
BASS
LAKE
DE
KE
LOWER

WHIPPLE
LAKE

RICE LAKE
Dean Makey
School Forest
Kiwanis
Park
Gus ta fs o n P ar k
Baxter Drive
Timberwood Dr
Knollwood Dr vi eSouth
In Fisherman
Independence Rd
Medford Road
Par Drive North
Garrison Road
Black Oak Road
LynndaleLane North
Broadmor Drive
Oak Hill Drive
Clearwater Road North
Oak Knoll Drive
Hastings Road Frankl ni Drive N orth
Fuschia Drive South
Jordan Road
Birch Lane
Golf Course Drive North
Co nservation Road
East Point De
vir e
Shoreview Drive
Ki m berlee Drive North
Mountain Ash Drive South
ell ehci M Circle North
Brentwo od Lane
PdeR ineCircle South
Kirkwood Drive North
FirewoodDri ve
Gull River Road
Knol wl ood Drive
Danielson Ro ad
Golf Course Drive
Ashley Road North
M el pa woodDrive
Forest Drive North
Olivewood Drive North
Cedardale Lane South Greenwood Road South
T imberlane Dri v e
t uo S h
Crystal Road North
Glory Road South
Jasperwood Drive
Cypress Drive
oJ el r Road
Camwoo d Trai l South
Cherr ywood DriveNorth
Sc enic River Drive S outh Evergreen Drive South
Industrial Park Road South
Bass Lake Road
Dellwood Dr vi e Nort
Ed
h
gewood Drive North
Cedar Sc enicR o ad North
Fores tview Dr ive South
Grand OaksDrive
Inglewood Drive North
Hardy Lake Road
Memorywood Dr vi e North
Foley Road South
Excelsior Road North
Fairview Road North
HengelsGravel Pit
South Dale
Jaycees Park
Poor
Farm
Wma
Ray Co ok Wma
Crow Wing
State Park
Gregory Park
Triangle Park
Buffalo
Hills
Park
Bane Park
Mill Ave Park
Lum Park
Oscar
Kristofferson
Park
Linn Park
User: ssharrow Path: \\msp-file01\A0000\A087_P_Highway 371 BikePedestrian Crossing Study and City-wide BikePedestrian Policy\PRODUCTION\GIS\MXD\Baxter Bike Network.mxd Northland
Arboretum
0 0.25 0.5 1
Miles
Date: 1/14/2019
Missing Bike/
Pedestrian
Connection
(Toole Design)
Planned Route
Shared Use Path (Trail) -
2019/2020 Construction
Planned Routes Existing Routes
Shared Use Path (Trail)
Existing Highway Crossing
Missing Highway
Crossing
Missing Bicycle and
Pedestrian Connections
(Toole Design) - DRAFT Future Highway Crossing
Paul Bunyan State Trail
Bike Lane/Shoulder
Missing bicycle and pedestrian connections map created by Toole Design for Baxter, MN.

Washington S treet
Business 371
South 6th Street
State Highw
8th Ave NE
8th Ave NE
Highway 25 South
Laurel Street
Northwest 4th
Street
West Laurel Street
South 8th Street
South
4th Stre et
aver Dam Road
South 5th
Street
West College
Drive
Willow Street
Oak Street
Industrial Park
Road
South College Road
Thompson Road
100th Street
County Road 123
M
State Highway 18
Greenwood Street
St Mathias Road
Thiesse Road
Southeast 13th Street
Riverside Drive
h
State Highway 25
Kiwanis
Park
Gus ta fs o n
P ar k
Baxter Drive
In Fisherman
Par Drive North
Garrison Road
Broadmor Drive
astings Road Frankl ni Drive N orth
Fuschia Drive South
Golf Course Drive North
Co nservation Road
PdeR ineCircle South
Kirkwood Drive North
FirewoodDri ve
elson Ro ad
Golf Course Drive
Forest Drive North
Greenwood Road South
lory Road South
Cypress Drive
Camwoo d Trai l South
Sc enic River Drive S outh Evergreen Drive South
Industrial Park Road South
Dellwood Dr vi e Nort
Ed
h
gewood Drive North
Fores tview Dr ive South
outh
orth
d North
Jaycees Park
Poor
Farm
Wma
Ray Co ok Wma
Gregory Park
Triangle Park
Buffalo
Hills
Park
Bane Park
Mill Ave Park
Lum Park
Linn Park
User: ssharrow Path: \\msp-file01\A0000\A087_P_Highway 371 BikePedestrian Crossing Study and City-wide BikePedestrian Policy\PRODUCTION\GIS\MXD\Baxter Bike Network.mxd Northland
Arboretum
0 0.25 0.5 1
Miles
Date: 1/14/2019
Missing Bike/
Pedestrian
Connection
(Toole Design)
Planned Route
Shared Use Path (Trail) -
2019/2020 Construction
Planned Routes Existing Routes
Shared Use Path (Trail)
Existing Highway Crossing
Missing Highway
Crossing
and
ctions
RAFT Future Highway Crossing
Paul Bunyan State Trail
Bike Lane/Shoulder
TASK 4: NETWORK DEVELOPMENT
Based on the work in previous tasks, Toole
Design will develop network, program, and policy
recommendations for the Bicycle, Pedestrian, and
Trails Plan. Recommendations will be crafted to build
on previous work completed, align with the project
vision, goals and objectives, and will target thoughtful strategies for implementation that assist the City in
being an excellent place for people to bicycle and walk.

TASK 4.1: NETWORK RECOMMENDATIONS
Technical analysis and public input will be integrated
to develop network recommendations that are
representative of the community and advance projects
that increase safety, connectivity, and equity, while
inviting new users. During network development, we will vet and refine recommendations to meet current and
anticipated demand in Fowler. A key aspect of this task will be to identify projects that are needed to address gaps and missing links in the network, as well as projects to update existing facilities to meet current standards and guidance. Different network scenarios will be developed to understand the opportunities and constraints
presented by each. Key intersections, potential modal
conflict points, and areas of interest and concern will be identified. Particular attention will be paid to connections that use streets that are more naturally comfortable
Exhibit A: Scope of Services -- Page 25 of 30
26 TOOLE DESIGN
TASK 5.1: POLICY AND

PROGRAM RECOMMENDATIONS
We will collaborate with City staff to develop actionoriented policy and programmatic recommendations designed to move toward achieving the vision
established for the plan and increasing the number of
people walking and biking. This will be shaped by our
review of current policies and programs and what we
learn from the public.

To focus our efforts on the recommendations that will
have the most meaningful impact, we will also make
sure to align each action with the project vision and
goals developed earlier in the timeline. We have used
this approach to great success with other clients. We
anticipate recommendations oriented around:
▪ Developing a Complete Streets Policy for the City
to use when designing new streets and conducting
street reconstruction
▪ Other Municipal Code ordinances related to active
transportation, including bicycle parking, land
development practices, and safe walking, biking,
and driving behaviors
▪ Community-led encouragement programs
▪ Hands-on education and PR/media strategies to
increase safety
▪ Safe Routes to School initiatives
TASK 5.2: PRIORITIZATION AND PHASING
We will develop a prioritization process that sets the
plan up for success implementing projects quickly
and responsively. Toole Design will work with the
community and City to establish potential prioritization criteria. Once we finalize the criteria and complete
the prioritization analysis, we will work with the City to develop an achievable project phasing strategy. We
will also identify how projects can fit within phases.

We will work with City staff to determine how best to
define tiers, but we often recommend three phases:
▪ Near-term projects (quick wins and high priority
projects): high-visibility projects that are typically
lower cost and can be implemented within one
to two years of the Plan completion, building
momentum and enthusiasm. Also includes projects
that may be more costly but are catalysts for
network build-out.
▪ Mid-term projects: projects that can implemented
as streets are resurfaced or reconstructed or built
with capital or grant funding within 10 years of
Plan completion.
▪ Full build: a final network phase reserved for major
projects like bridges and trails that would require
additional study or property acquisitions, or for
projects with significant benefits but that require
additional study and stakeholder engagement.

To arrive at a planning-level cost estimate for each
project, we will first develop typical costs per mile/
location for the types of facilities recommended in the network plan. This will result in a distinct list of projects by tier that aligns with the City’s anticipated funding levels for active transportation projects.

TASK 5.3: FUNDING
Toole Design will review potential funding sources from local, regional, state, and federal opportunities. We
will include all known feasible mechanisms and tools
available to finance the recommended bikeway, trail,
and sidewalk projects are consolidated into an easy-tounderstand matrix. This will match project types and phases to possible funding sources and will identify any additional programs and partnerships the City should
consider as part of this strategy.

Task 5 Deliverables
▪ Policy and program recommendations memo
▪ Prioritization criteria
▪ Implementation matrix including prioritized
projects and cost estimates
▪ Funding source matrix
TASK 6: FINAL DOCUMENTATION
For all prior tasks, memorandums will be written to
be easily adapted into the final plan document. The
final plan should be concise and compelling to the
general public and detail the vision, goals, process,
recommendations, maps, and other tools. The purpose
of this task is to compile the findings from technical and outreach tasks into a concise, public-facing document
We have authored leading national design guidance and can assist Fowler in establishing guidelines for the network.

Exhibit A: Scope of Services -- Page 26 of 30
FOWLER DOWNTOWN STREETSCAPE PLAN AND CONCEPTUAL DESIGN 27 that summarizes the work from Tasks 2-6, including
recommendations for the bicycle and pedestrian
networks, support programs, implementation strategy,
and general budgetary framework for inclusion in the
City’s Capital Improvement Plan.

TASK 6.1: PLAN OUTLINE
Toole Design will create a detailed plan outline for City review and approval. This is a simple step, but we find it valuable in a shared understanding of what the final plan will include.

TASK 6.2: ADMINISTRATIVE DRAFT PLAN
The Toole Design Team will assemble findings from the
technical memoranda and other deliverables developed
through previous tasks into an Administrative Draft
Plan. We will present the Administrative Draft to City
staff for initial review and then City staff will coordinate the review by appropriate departments or other
stakeholders. The City will be responsible for providing one consolidated set of comments from City staff with
clear direction from the City Project Manager.

TASK 6.3: PUBLIC REVIEW DRAFT PLAN
Toole Design will then incorporate reconciled comments
provided from City staff into an updated document for
public review. The Public Review Draft will be available for public review and comment on the City’s website for up to 30 days or as otherwise specified by City staff.

TASK 6.4: FINAL PLAN
We will revise the Public Review Draft to produce a
Final City of Fowler Bicycle, Pedestrian, and Trails
Master Plan based on City staff direction regarding
community comments. Toole Design will then provide a
consolidated PDF document for City staff to post on the website. At this point, all data, files, and documentation used and created in the development of the plan will be provided to the City.

TASK 6.5: CITY COUNCIL REVIEW AND ADOPTION
For this final task, we will support the City of Fowler as the Bicycle, Pedestrian, and Trails Master Plan moves
through the City Council approval process, including
producing an agenda and presenting the final plan to
City Council on the City of Fowler’s behalf.

Task 6 Deliverables
▪ Plan Outline
▪ Administrative Draft Plan
▪ Public Review Draft Plan
▪ Final City of Fowler Bicycle, Pedestrian, and Trails
Master Plan (and associated native files)
▪ Agenda and digital materials for final plan
▪ Presentation to City Council for adoption of the plan We understand our role as your partner. We look
forward to working with the City to fine tune this work plan as needed.

We are experienced in developing design guidance for multimodal roadways.

Exhibit A: Scope of Services -- Page 27 of 30

PAGE INTENTIONALLY LEFT BLANK
Exhibit A: Scope of Services -- Page 28 of 30
1322 Webster Street, Suite 208
Oakland, CA 94612
510.298.0740 I www.tooledesign.com
Exhibit A: Scope of Services -- Page 29 of 30
Fowler Bicycle, Pedestrian and Trails Master Plan
Toole Design

4.25.23 Tasks
Ellie Fiore Cindy Zerger Anju Palta Mia Candy Andrew
Kotalik
Christi
Neilsen
Trevor Lien Danielle
Parnes
Lauren Pepe Lisa JohnstonSmith Total Hours Total Labor Cost Principal in
Charge
Senior
Advisor
Project
Manager
Engagement
Lead
Engineering
Lead
Engineer Planner Planner Planner Graphic
Designer
Rate $ 248.02 $ 239.95 $ 161.54 $ 181.85 $ 157.60 $ 132.66 $ 150.43 $ 126.15 $ 138.79 $ 113.16 Task 1 - PROJECT MANAGEMENT1.1 Project Kick Off Meeting 2 0 6 2 2 12 $ 2,144.181.2 Ongoing Project Management 8 0 40 48 $ 8,445.76 Task 1 Total Hours 10 0 46 2 2 0 0 0 0 0 60
Task 1 Total Labor Cost $ -$ 2,480.20 7,430.84 $ 363.70 $ $ 315.20 -$ -$ -$ -$ -$ $ 10,589.94 Task 2 - COMMUNITY ENGAGEMENT2.1 Community Engagement Plan 0 2 2 16 20 $ 3,712.582.2 Engagement Events 1 32 40 10 36 40 159 $ 24,360.302.3 Engagement Summary Memo 2 2 2 16 22 $ 3,403.462.4 Messaging and Promotional Materials 24 88 22 $ 3,066.08 Task 2 Total Hours 3 2 38 62 10 0 0 36 64 8 223
Task 2 Total Labor Cost $ 479.90 744.06 $ 6,138.52 $ 11,274.70 $ $ 1,576.00 -$ -$ $ 4,541.40 $ 8,882.56 $ 905.28 $ 34,542.42 Task 3 - EXISTING CONDITIONS3.1 Existing Plans, Policies, and Standards Review 4 16 20 $ 2,664.563.2 Prepare Base Maps 4 20 16 40 $ 5,673.163.3 Network Analysis 2 2 16 2 8 4 20 20 74 $ 11,247.32 Task 3 Total Hours 2 2 24 2 8 4 40 52 0 0 134
Task 3 Total Labor Cost $ 479.90 496.04 $ 3,876.96 $ 363.70 $ $ 1,260.80 $ 530.64 $ 6,017.20 $ 6,559.80 -$ -$ $ 19,585.04 Task 4 - NETWORK DEVELOPMENT4.1 Network Recommendations 8 4 20 8 20 10 70 $ 10,503.104.2 Design Guidance 8 16 8 32 $ 5,707.68 Task 4 Total Hours 0 8 24 4 20 8 28 10 0 0 102
Task 4 Total Labor Cost 1,919.60 -$ $ 3,876.96 $ 727.40 $ $ 3,152.00 $ 1,061.28 $ 4,212.04 $ 1,261.50 -$ -$ $ 16,210.78 Task 5 - IMPLEMENTATION STRATEGY5.1 Policy and Program Recommendations 1 1 4 84 18 $ 2,698.495.2 Prioritization, Phasing and Cost Estimates 2 8 20 20 8 58 $ 8,602.765.3 Funding 2 4 6 $ 878.24 Task 5 Total Hours 3 1 14 0 20 20 0 16 8 0 82
Task 5 Total Labor Cost $ 239.95 744.06 $ 2,261.56 $ -$ $ 3,152.00 $ 2,653.20 -$ $ 2,018.40 $ 1,110.32 -$ $ 12,179.49 Task 6 - FINAL DOCUMENTATION6.1 Plan Outline 2 4 12 18 $ 2,807.686.2 Administrative Draft Plan 4 2 12 2 2 6 0 40 20 88 $ 12,806.746.3 Public Review Draft Plan 2 6 8 $ 1,465.286.4 Final Plan 2 1 4 2 4 0 20 7 40 $ 5,915.496.5 City Council Review and Adoption 4 4 8 $ 1,638.24 Task 6 Total Hours 14 3 30 4 2 0 10 0 72 27 162
Task 6 Total Labor Cost $ 719.85 3,472.28 $ 4,846.20 $ 727.40 $ $ 315.20 -$ $ 1,504.30 -$ $ 9,992.88 $ 3,055.32 $ 24,633.43 Total Labor Costs 117,741.10 $
Direct Expenses 6,843.00 $
Total Cost 124,584.10 $
Spanish Translation Services 1,000.00 $
Travel 5,243.00 $
Printing 600.00 $
Total Direct Expenses 6,843.00 $

TOOLE DESIGN
Exhibit A: Scope of Services -- Page 30 of 30

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-F

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a First Amendment to the Professional Services Agreement for on-call civil engineering services with Provost & Pritchard Consulting Group in the amount of $50,000 for project management services for the 1,2,3-Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The City entered into a Professional Services Agreement with Provost & Pritchard Consulting Group on January 17, 2023 for on-call civil engineering services. This First Amendment will provide a clear and transparent scope for the City Engineer to provide project management oversight of the 1,2,3- Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project. Although Provost & Pritchard serve as both the City Engineer and the engineer of record for these two projects, it is common practice for their contract city engineers to provide project management oversight to project workgroups. Provost & Pritchard has internal controls and policies in place to ensure accuracy and impartiality. Prior to bidding, both projects will be plan checked for code compliance by one of the City’s third party plan check vendors.

There was not a consistent past practice with the on-call civil engineering professional services agreement to bring forward amendments to City Council whenever there was an anticipated expansion in scope. Staff will now initiate this practice going forward.

Approve a First Amendment to the Agreement with Provost & Pritchard Consulting Group May 2, 2023

Page 2 ends

ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

FISCAL IMPACT
The 1,2,3 TCP project is funded by TCP legal settlement funds. The Well 9 project is funded by a grant from the California Department of Water Resources.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- First Amendment
- First Amendment, Exhibit A
- Professional Services Agreement dated 1/17/23
FIRST AMENDMENT TO THE JANUARY 18, 2023 PROFESSIONAL SERVICES

AGREEMENT FOR ON-CALL CIVIL ENGINERRING SERVICES BETWEEN THE CITY OF

FOWLER AND PROVOST & PRITCHARD CONSULTING GROUP
A. The City of Fowler (“City”) desires modifications to the services beyond the scope of the Professional Services Agreement for on-call civil engineering services dated January 18, 2023 (“Agreement”).

B. The total amount to be paid by the City to Provost & Pritchard Consulting Group as stated in Section 4 of the Agreement is currently listed as One Hundred Twenty Thousand Dollars ($120,000). The total amount to be paid pursuant to the Agreement is hereby revised to an amount not to exceed One Hundred and Seventy Thousand Dollars ($282,000).

C. An additional scope of work as further described in EXHIBIT A, authorizes Provost & Pritchard Consulting Group to furnish, on a time and materials basis, project management services for the 1,2,3-Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project. EXHIBIT A shall become a substantive part of the Agreement.

D. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment on May 2, 2023.

PROVOST & PRITCHARD ENGINEERING CITY OF FOWLER
GROUP, INC. DBA PROVOST &

PRITCHARD CONSULTING GROUP
__________________________
Heather Bashian Wilma Tucker
Director of Operations City Manager
Date: Date:
455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
(559) 449-2700 (559) 834-3113
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
C:\Users\tgaffery\Desktop\Phase Amendment TCP Well 7 PM.docx Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Sacramento  Sonora April 27, 2023
Thomas Gaffery
Community Development Director
City of Fowler
128 S. 5th Street
Fowler, CA 93625
RE: Additional Phase Amendment for On-Call Civil Engineering Services Dear Mr. Gaffery:

The 1,2,3-Trichloropropane (TCP) Treatment Project for Well 7 construction documents are at 90% design and will proceed to the final construction documents. City Staff has requested that project management and oversight of the project be provided as an additional service. This proposal amends the subject project scope to include project management as the Owner’s Representative (City Engineer) from final design construction documents, bidding, and construction.

The proposed scope of work is submitted for Provost & Pritchard Consulting Group to incorporate this change.

On-Call Civil Engineering Services, Job No. 2619-23-003, Phase Well 7 TCP PM (PMW7) This is an addendum to the previously approved Provost & Pritchard Consulting Group proposal and consulting service agreement, with project number referenced above.

The signature below hereby authorizes Phase PMW7 and the performance of the following tasks for a Time & Materials budget of $15,000 at the General Fund Rate.

Tasks:

1. Provide oversight and project management of the project to finalize bid documents.

2. Prepare bid package, advertise, prepare addenda as necessary.

3. Prepare a bid canvas, notice of award, notice to proceed for the selected contractor.

4. Coordinate submittal reviews, RFIs, proposed change orders, and construction progress payments.

Assumptions:

A. Plan check of the final design drawings will be completed by others.

Please sign, date and return to Heather Bashian at Provost & Pritchard Consulting Group by emailing [email protected] .

Exhibit A: Scope of Services -- Page 1 of 4
City of Fowler April 27, 2023
On-Call Civil Engineering Services – Add Phase PMW7 Page 2 of 2 Job No. 2619-23-003
C:\Users\tgaffery\Desktop\Phase Amendment TCP Well 7 PM.docx Client: City of Fowler
Provost & Pritchard Engineering Group,
Inc. dba Provost & Pritchard Consulting
Group
By: By:

Name/Title: Name/Title: Heather Bashian, RCE 73075,
Director of Operations
Date Signed: Date Signed: April 27, 2023
Exhibit A: Scope of Services -- Page 2 of 4
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
C:\Users\tgaffery\Desktop\Phase Amendment Well 9 PM.docx Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Sacramento  Sonora April 27, 2023
Thomas Gaffery
Community Development Director
City of Fowler
128 S. 5th Street
Fowler, CA 93625
RE: Additional Phase Amendment for On-Call Civil Engineering Services Dear Mr. Gaffery:

The Well 9 construction documents are at 30% design and will continue to progress to final construction documents. City Staff has requested that project management and oversight of the project be provided as an additional service. This proposal amends the subject project scope to include project management as the Owner’s Representative (City Engineer) through 60% design development, 90% contract documents, Final Design, bidding, and construction.

The proposed scope of work is submitted for Provost & Pritchard Consulting Group to incorporate this change.

On-Call Civil Engineering Services, Job No. 2619-23-003, Phase Well 9 PM (PMW9) This is an addendum to the previously approved Provost & Pritchard Consulting Group proposal and consulting service agreement, with project number referenced above.

The signature below hereby authorizes Phase PMW9 and the performance of the following tasks for a Time & Materials budget of $15,000 at the General Fund Rate.

Tasks:

1. Provide oversight and project management of the design process to finalize bid documents.

2. Prepare bid package, advertise, prepare addenda, as necessary.

3. Prepare a bid canvas, notice of award, notice to proceed for the selected contractor.

4. Coordinate submittal reviews, RFIs, proposed change orders, and construction progress payments.

Assumptions:

A. Plan check of the final design drawings will be completed by others.

Please sign, date and return to Heather Bashian at Provost & Pritchard Consulting Group by emailing [email protected] .

Exhibit A: Scope of Services -- Page 3 of 4
City of Fowler April 27, 2023
On-Call Civil Engineering Services – Add Phase PMW9 Page 2 of 2 Job No. 2619-23-003
C:\Users\tgaffery\Desktop\Phase Amendment Well 9 PM.docx Client: City of Fowler
Provost & Pritchard Engineering Group,
Inc. dba Provost & Pritchard Consulting
Group
By: By:

Name/Title: Name/Title: Heather Bashian, RCE 73075,
Director of Operations
Date Signed: Date Signed: April 27, 2023
Exhibit A: Scope of Services -- Page 4 of 4

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-G

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a License Agreement between the City of Fowler and Saleh Ahmed Saleh for the property located at 2810 Manning Avenue (APN 343-041-40T), more commonly known as the former “Grub Shack” location, and authorize the City Manager to execute the Agreement.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The City owns the property at 2810 Manning Avenue (Property). The Property is approximately 10,000 square feet and contains a drive-thru kiosk structure. Through a previous license agreement, the operator constructed the drive-through kiosk structure and other improvements on the Property. That previous licensee desires to sell the improvements to Mr. Saleh (Developer).

The License Agreement allows for the Developer’s use of the Property, but also ensures the property will have an economically beneficial use. Key provisions of the Agreement include:
• The term of the Agreement shall be four years.
• Developer shall establish a retail dining establishment. • Developer shall obtain all required permits and entitlements. • The City has the ability to terminate the Agreement for various reasons, including developer’s failure to conduct business activities.

Approve a License Agreement between the City of Fowler and Saleh Ahmed Saleh May 02, 2023

Page 2 ends

• If directed by the City, the Developer may be required to remove all improvements from the Property at the Developer’s expense.
• If no improvements to the property are required, the Developer must be operating within 90 days of this Agreement. If improvements to the property are required, the Developer must be operating within ten months.

ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
This action will generate $1,200 in annual proceeds to the General Fund.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- License Agreement

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-H

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM MICHAEL S. REID, Chief of Police

SUBJECT
Actions pertaining to the Regional Law Enforcement Training Academy at Fresno City College:
(i) APPROVE a sponsorship for one Community Service Officer to attend the Law Enforcement Academy Training starting in July 2023
(ii) ADOPT Resolution No. 2642 to approve a budget amendment transferring $2,590.73 from fire training to police training for fiscal year 2022/2023.

RECOMMENDATION
Staff recommend the City Council take the above actions.

BACKGROUND
Law enforcement has experienced significant struggles recruiting officers into the profession for many years. National events, defunding movements, and reduced community trust have severely impacted law enforcement’s ability, nationwide, to recruit new officers. As a result, applications for new police recruits have decreased significantly, resulting in fewer Police Academy classes being offered. This makes it even more difficult for smaller law enforcement agencies, such as Fowler, to compete with larger agencies throughout the Central Valley for qualified officer applicants.

The Fowler Police Department’s Community Service Officer (CSO) program was adopted, in part, to provide a potential answer for these ongoing recruitment issues. CSOs provide an important service to the community by improving public safety service delivery, delivering crime prevention programs, and by enhancing community policing efforts in Fowler. The CSO program was also developed to test and train those employees who have the aptitude and desire to become a sworn law enforcement officer.

Actions pertaining to the Police Academy
May 2, 2023

Page 2 ends

One of the Fowler Police Department’s CSOs has demonstrated the desire to become a Police Officer with the City of Fowler, and also demonstrated the requisite drive, knowledge, and skills needed to advance their career and become a police officer. The CSO has recently completed the newly developed Field Training Program for CSOs where they had to meet strict training and performance requirements to pass this program.

To ensure the CSO was ready to attend the Police Academy, they were required to pass the full spectrum of testing required by the State of California to become a police officer. This included a full background investigation, polygraph examination, psychological assessment, and medical examination. Each of these assessments are conducted by qualified professionals outside the City of Fowler as governed by the California Commission on Peace Officer Standards and Training. The CSO successfully passed these tests as well as passing the stringent entry testing standards for the Regional Law Enforcement Training Academy at Fresno City College. The CSO has been accepted into the Police Academy Class 172 that begins on July 5, 2023.

The $2,590.73 requested in the attached Resolution and Budget Amendment would allow the City of Fowler to sponsor the CSO to the Police Academy and once finished in December of 2023, become a sworn Police Officer.

Based on the CSO’s qualifications and as a future recruitment tool for the City of Fowler Police Department, it is recommended the City of Fowler sponsor, for the first time, a cadet to the Police Academy.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The Firefighter Training Account (5300) has provided funding for two volunteer firefighters to attend the Basic Fire Academy. No other volunteer firefighters have indicated they will be attending the Basic Fire Academy. As a result, there is currently approximately $17,000 remaining in the fire department training budget.

The cost to sponsor a CSO to the Police Academy is $2,590.73 including school fees, training fees, uniforms, and mandatory equipment. Other, currently unanticipated fees associated with the Police Academy would be absorbed by the Police Department training budget in FY 2024.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2642 and Budget Amendment
RESOLUTION NO. 2642

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR THE TRANSFERING OF FUNDS FROM FIRE TRAINING TO POLICE TRAINING FOR FISCAL YEAR 2022/2023 WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2022/2023 Mid-Year Budget amendment was approved by the City Council on February 7, 2023, by Resolution 2624, appropriating fire academy training in the fire department fund; and
WHEREAS, the budget amendment request attached hereto specifies the details of the $2,590.73 transfer between the Fire Training fund to the Police Training Fund.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2022/2023 budget be amended to reflect $2,590.73 appropriations as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:

Appropriations:

Fire-Education Training
Police-Education Training $2,590.73
6130-5300 $2,590.73
6120-5300
Reason(s) for Budget Amendment:

To align the expenses and revenues for of FY 2022/2023 budget, staff is requesting budget amendments to the following funds:

To appropriate $2,590.73
Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution 2642

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-I

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM: YVONNE HERNANDEZ, Recreation Supervisor

SUBJECT
APPROVE a $2,000 donation request from Fowler High School Sober Grad Committee, for Fiscal Year 2022-23.

RECOMMENDATION
Staff recommend the City Council approve a $2,000 donation to the Fowler High School Sober Grad requested for Fiscal Year 2022-23.

BACKGROUND
The Fowler High School Sober Grad celebrates the accomplishments of the high school senior by giving them a safe environment, which includes an alcohol and drug free place to celebrate their graduation.

The Fowler High School Sober Grad will be performing volunteer clean up at the City-Wide Clean Up event on Saturday, May 20, 2023, for this donation.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The City of Fowler received a $5,000 recycling grant from the California Department of Resources Recycling and Recovery (CalRecycle) for FY 2022-23, and this donation will be funded from this grant.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-J

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
ADOPT Ordinance 2023-07 adding Article 6 to Chapter 2 of Title 6 of the Fowler Municipal Code providing regulations relating to the improper collection of solid waste.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
Ordinance 2023-07 was introduced by unanimous approval of the City Council on April 18, 2023.

The City of Fowler currently contracts with a private contractor (“Contract Agent”) to provide collection and disposal of solid waste services within the City. Municipal Code Section 6-2.307 provides that this Contract Agent shall have the sole and exclusive right to collect and dispose of all solid waste accumulated within the City.

Recently, City staff have observed several non-Contract Agents providing collection and disposal of solid waste services within the City in violation of the City’s Code and contract with its current Contract Agent.

This text amendment adds an additional Article to Chapter 2 of Title 6 which provides for the City’s regulations relating to the collection and disposal of solid waste. This text amendment would make it a violation for trash containers to be used in a solid waste collection and disposal operation by a non- Adoption of an ordinance regarding improper collection of solid waste May 2, 2023

Page 2 ends

Contract Agent. The text amendment creates provisions to issue administrative citations and impound trash containers that are used in violation of the Article.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Staff do not anticipate any significant fiscal impact due to this ordinance amendment. There may be a slight increase in fines paid to the City resulting from enforcing this ordinance amendment.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Ordinance 2023-07

Page 1 of 6 ends

ORDINANCE 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER ADDING ARTICLE 6 TO CHAPTER 2 OF TITLE 6 OF THE FOWLER MUNICIPAL CODE

PROVIDING REGULATIONS RELATING TO THE IMPROPER COLLECTION OF

SOLID WASTE
WHEREAS, the City of Fowler contracts with a private contractor to provide for collection, transportation and disposal of solid waste services within the City, in accordance with Fowler Municipal Code section 6-2.307;
WHEREAS, the Fowler Municipal Code currently lacks certain necessary enforcement provisions for the improper collection of solid waste by individuals who are not contracted with the City to collect solid waste;
WHEREAS, there are waste haulers unlawfully operating in Fowler that are not a Contract Agent with the City, and a stronger means of enforcement is necessary; and WHEREAS, the City Council desires to amend the Fowler Municipal Code to include these provisions relating to the regulation of waste haulers who are operating without a contract with the City to do so.

THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS
FOLLOWS:

SECTION 1: Article 6 is hereby added to Chapter 2 of Title 6 of the Fowler Municipal Code to read as follows:

Article 6 – Improper Collection of Solid Waste
6-2.600 – Findings and Intent.

The improper collection of solid waste and the disposal of recyclable materials in landfills is detrimental to the City’s diversion efforts and quality of life in the City.

Therefore, anyone who is not a Contract Agent of the City, as defined by Section 6-2.101, subdivision (a) of this Code (hereinafter referred to in this Article as a “non-Contract Agent”), that provides solid waste collection services in violation of Section 6-2.310 of this Code, constitutes a public nuisance to the City.

Page 2 of 6 ends

6-2.601 – Trash Containers Utilized by a Non-Contract Agent. (a) It shall be a violation of this Section for any person or business to utilize a trash container or containers determined to be used in a solid waste collection and transportation operation by a non-Contract Agent within the City, except as provided by Sections 6-2.205, 6-2.206, 6-2.310 of this Code. (b) The City shall identify the responsible party who owns the unlawful trash container or containers and shall issue them a written Notice of Violation via First-Class Mail. The Notice of Violation shall include all the following:
(1) A description of the nature of the Municipal Code violation, including identifying the Municipal Code section(s) violated, and the date and location within the City where the violation was discovered.
(2) A statement providing that the responsible party must remove any and all trash containers used in violation of this Section within ten (10) calendar days from the date the Notice of Violation is issued. (3) A statement informing the responsible party that failure to remove said trash containers within the time described above may result in the City causing the trash containers to be impounded at the responsible party’s expense.
(4) An explanation that failing to correct the violations within the time described above may result in the City issuing the responsible party an Administrative Citation pursuant to Section 1-8.04 of this Code.

Page 3 of 6 ends

(5) An explanation of the responsible party’s right to appeal the City’s determination of said violation by filing a written Notice of Appeal with the City within ten (10) calendar days of the date the Notice of Violation was issued, pursuant to the procedures provided by Article 2, of Chapter 22, of Title 5 of this Code.
6-2.602 – Noncompliance, Subsequent Violations, and Impoundment of Containers. (a) Absent an appeal of a Notice of Violation or an appeal of an Administrative Citation that is issued for a violation of this Article, any responsible party who fails to correct a previous violation or commits any subsequent violations of this Article is subject to having any and all trash containers used in violation of Section 6-2.602, that are found within the public rightof-way, immediately impounded upon discovery by the City. (b) Whenever a trash container utilized by a non-Contract Agent is impounded in accordance with this Section, the City shall issue an Administrative Citation pursuant to Section 1-8.04 of this Code, accompanied by a Notice of Impoundment consistent with Section 6-3.603 of this Article. (c) Containers not reclaimed within thirty (30) days from the mailing of the written Notice of Impoundment shall become property of the City and disposed of as determined by the City.
(d) For the purposes of this Article, a “subsequent violation” refers to any violation of the same code section occurring within a twelve (12) month period, even if the violation occurs at a different location.

Page 4 of 6 ends

6-3.603 – Notice of Impoundment.

Whenever the City impounds a trash container utilized by a non-Contract Agent in accordance with the provisions of this Article, the City shall provide the owner of the trash container a written Notice of Impoundment which shall include all of the following:
(a) The date and address where the container(s) were discovered. (b) A photograph of the container(s) as discovered by City staff. (c) A statement that the responsible party failed to remove the subject trash container(s) within the time period set forth in the previously issued Notice of Violation, or, a previously issued Administrative Citation. (d) A statement informing the responsible party that any container(s) not reclaimed within thirty (30) days shall become the property of the City and disposed of as determined by the City.
(e) An explanation of the fines and fees required to reclaim the container(s), the location of where the fines and fees can be paid, and the means of payment. (f) A description of the location where the container(s) are impounded. (g) A statement that if the impounded container(s) are not reclaimed within seventy-two (72) hours from the time the responsible party makes payment to reclaim the container(s), additional fees will accrue and must be paid prior to reclaiming the container(s).
6-2.604 – Violations, Appeals, and Hearings.

Anyone who violates any provision of this Article is guilty of a misdemeanor and shall be subject to the issuance of an Administrative Citation pursuant to Title 1, Chapter

Page 5 of 6 ends

8 of this Code. Appeals and administrative hearings related to this Article shall be governed pursuant to Title 5, Chapter 22, Article 2 of this Code. 6-3.605 – Fees for Removal, Emptying, and Storage of Impounded Trash Containers.

The City’s fees related to the removal, emptying, and storage of an impounded trash container utilized by a non-Contract Agent for solid waste collection and transportation shall be set by City Council Resolution.

Page 6 of 6 ends

SECTION 2. The City Council has determined that the Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061, subdivision (b)(3) (Common Sense Exemption).

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

The foregoing ordinance was introduced at a regular meeting of the City Council held on the 18th day of April 2023, and was adopted at a regular meeting of said Council held on the 2nd day of May 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
J:\wdocs\00250\041\ord\01034690.DOCX

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-K

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM SOO HO PARK, City Engineer
BY DAVID PETERS, Project Manager

SUBJECT
ACCEPT the Golden State Boulevard Bike Path project from Adams Avenue to 230 feet south of Clayton Avenue and direct the City Engineer to file the Notice of Completion

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The City Council previously awarded a contract to RJ Berry Jr, Inc. for the Golden State Boulevard Bike Path at a regularly scheduled council meeting on June 21, 2022. The project was constructed in accordance with the plans and specifications to the satisfaction of the City Engineer and the Public Works Director. The total project cost was $222,774.25. This project was funded by Active Transportation Program ($180,645.00) and local funds ($42,129.25). The one-year warranty period will begin upon the recording of the Notice of Completion, which will follow the Council’s acceptance of the project.

ACCEPT Adams the Golden State Boulevard Bike Path
May 2, 2023

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ENVIRONMENTAL REVIEW
As part of the preliminary engineering phase, a Notice of Exemption was filed on December 10, 2020, to satisfy CEQA requirements. A Categorical Exclusion was approved by Caltrans under NEPA on January 11, 2021.

FISCAL IMPACT
After the warranty period, the ongoing maintenance costs of the project will be funded from streets maintenance funds.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-L

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a Real Property Donation Agreement with Stanley J. Simonian and Carmen J. Simonian, Trustees of the Stanley J. Simonian and Carmen J. Simonian Trust, and Mark M. Simonian for donation of Hye Park No. 4 stormwater retention basin (APNs 343-280-60 & 343-280-61) and Authorize the City Manager to sign the Certificate of Acceptance of Grant Deed.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The tract 4571 Hye Park No. 4 stormwater retention basin is identified as APNs: 343-280-61 and 343- 280-61. The Property owners Stanley J. Simonian, Carmen J. Simonian, and Mark M. Simonian (“Owners”) have agreed to donate the Property to the City at no cost. For valuation purposes, the Agreement provides that the Property’s fair market value is $190,000.00. This fair market value was determined based upon an appraisal obtained by the Owners, including a comparison of sales of ponding basins with similar physical characteristics and conditions in nearby cities.

The Property will be conveyed by Grand Deed, and a Certificate of Acceptance will be signed by the City Manager for recordation of said Grand Deed.

Approve a Real Property Donation Agreement
May 2, 2022

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ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
There is no fiscal impact as no action is being taken.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Real Property Donation Agreement for APNs 343-280-60 & 343-280-61, including Certificate of Acceptance of Grant Deed

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REAL PROPERTY AGREEMENT
FOR ASSESSOR’S PARCEL NUMBERS 343-280-60 AND 343-280-61 This Real Property Donation Agreement ("Agreement") is entered into effective on May 2, 2023 ("Effective Date"), by and between the City of Fowler ("City") and Stanley J. Simonian and Carmen J. Simonian, Trustees of the Stanley J. Simonian and Carmen J. Simonian Trust, and Mark M. Simonian (collectively referred to as "Owners").

RECITALS
WHEREAS, Owners own certain real property consisting of Fresno County Assessor’s Parcel Numbers 343-280-60 and 343-280-61 ("Property"); and WHEREAS, the Property is described in EXHIBIT A attached hereto and incorporated by this reference; and
WHEREAS, Owners desire to donate the Property to the City and City desires to accept the donation consistent with City's purpose, and in accordance with the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the above recitals and the mutual promises herein, City and Owners agree as follows:

1. Recitals. The Recitals above are true and correct and are a substantive part of this Agreement.

2. Donation and Notice of Acceptance. Owners agree to donate the Property to City and City agrees to accept the donation of the Property in accordance with the terms and conditions of this Agreement. The City Manager is authorized to execute all documents and take such action as necessary to effectuate this donation. Within five (5) days of completion of the Due Diligence Period, as provided in Section 4, the City Manager, if satisfied the Property is suitable for City's purposes, shall give written Notice of Acceptance of the Property to Owners. Owners shall provide duly executed Grant Deeds in recordable form to the City Manager conveying both parcels of the Property within five (5) days of the Notice of Acceptance.

3. Fair Market Value. The Parties agree that the fair market value of the Property is One Hundred and Ninety Thousand Dollars ($190,000.00), comprised of $95,000.00 for APN 343- 280-60 and $95,000.00 for APN 343-280-61.

A. Appraisal. Owners had the Property appraised for the purpose of establishing the fair market value, and a written appraisal report was prepared and provided to City. Owners shall bear all costs associated with the appraisal and shall not be entitled to reimbursement thereof.

B. Tax Matters. City agrees to execute any such documents as may be reasonably necessary to acknowledge the donation and the value of the donation. Owners shall be solely responsible for determining the characterization of the donation for tax purposes in connection

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with Owners' tax obligations. Owners have not relied on any statements or representations from City or any of its employees regarding the tax implications of making the donation pursuant to this Agreement. Owners shall indemnify, defend, and hold the City, its council members, officers, and employees harmless from and against any and all liability for state or federal tax related to this donation, and any related penalties or costs based upon the characterization of the donation under this Agreement for tax purposes.

4. Due Diligence. City shall have a period of up to thirty (30) days from the Effective Date ("Due Diligence Period") to review the title and condition of the Property consistent with Section

5. City may complete the Due Diligence Period in fewer than thirty (30) days by giving written notice to Owners of the completion of the Due Diligence Period and expressing a date which shall be deemed the expiration of the Due Diligence Period for all other purposes herein.

5. Right of Entry. Upon full execution of this Agreement, Owners hereby grant to City, its agents, employees, permitees, contractors, and consultants, an immediate right to enter upon, over, across, and under the Property for any purpose deemed necessary or desirable to evaluate the condition of the Property, in City's sole judgment and discretion. Such right of entry shall be irrevocable, unless and until this Agreement shall be cancelled. If City elects to cancel this Agreement, then City shall restore any changes in the physical condition of the Property caused by City to a condition which is as near as possible to its original condition as existed prior to City's entry upon the Property; provided, that, City shall have no obligation to repair any damage caused by the acts or omissions of Owners, their agents, or representatives, or to remediate, contain, abate, or control any pre-existing condition of the Property which existed prior to City's entry thereon.

6. Right of Cancellation. Owners agree that if City determines, in City's sole and absolute discretion, that the Property is not suitable for City purposes, City shall have the right to cancel this Agreement by giving written notice thereof to Owners prior to the expiration of the Due Diligence Period. If City gives such notice of termination within the Due Diligence Period, this Agreement shall terminate, and City shall be under no obligation to accept the Property.

7. City Use of Property. City represents the Property will be used for a City facility.

8. Owners' Representations and Warranties. The following representations and warranties are made as of the Effective Date and shall survive the recording of the Grant Deed for the Property. Owners represent and warrant as follows:

A. Full Authority to Convey All Interest in the Property. Owners have the full authority to execute this Agreement, and related title documents, have the full authority to perform all of their obligations under this Agreement, and have the full authority to dispose of or otherwise convey the Property to the City. Owners represent that they have secured, or will secure within thirty (30) days of the Effective Date, all appropriate consents that are necessary to consummate the Agreement, if any.

B. Compliance with Applicable Law and No Pending Litigation Against the Property. To Owners' knowledge, there is no violation of federal, state, or local law, code,

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ordinance, rule, regulation, or requirement, nor is there any pending or threatened litigation in connection with the Property that would prohibit the donation or City's use of the Property.

C. No Liens Securing Payment or Other Obligations on Property. To Owners' knowledge. the Property is not encumbered by liens or other instruments securing payment, or by other obligations, which if not performed, would entitle a third party or entity to foreclosure on the Property as collateral. Owners shall be solely responsible for paying any general and special taxes that are delinquent on the Property within thirty (30) days of the Effective Date.

D. No Hazardous Waste on Property. To Owners' knowledge, neither Owners, nor each of them individually, nor any other person has used, generated, manufactured, stored, or disposed of on, under, or about the Property, or transported to or from the Property, any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or related materials in violation of any law.

E. Survival and Indemnity. Owners representations, warranties, and obligations under this Section 7 shall survive the transfer of Owners interest in the Property. Owners agree to assume liability for any costs incurred or other damages to City related to the foregoing representations and warranties, and Owners agree to indemnify, defend, and hold City harmless against any and all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims arising from any claims that may be made against City arising from or related to the foregoing representations and warranties.

9. Entire Agreement. This Agreement is the entire agreement between City and Owners regarding the subject matter of this Agreement, and supersedes all prior discussions, negotiations, commitments, or understandings, written or oral regarding the subject matter hereof. Each exhibit referred to in this Agreement is by that reference incorporated into and made a part of this Agreement.

10. Modification. This Agreement may be modified only by a written document executed by both parties hereto.

11. Interpretation. The parties hereto acknowledge that this Agreement is the result of the combined efforts of the parties and shall be construed according to its fair meaning and as if prepared by both parties hereto. If any provision of this Agreement is found ambiguous, the ambiguity will not be resolved by construing this Agreement in favor of or against any party, but by construing the terms according to their generally accepted meaning.

12. Captions. The captions in this Agreement are inserted only as a matter of convenience and reference and in no way define the scope or the extent of this Agreement or the construction of any provision.

13. Voluntary Agreement. City and Owners each represent that they have read this Agreement in full, understand, and are fully informed as to the terms, conditions, and covenants of this Agreement, and voluntarily agree to all provisions herein.

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14. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. A facsimile or copy shall be as valid as an original.

15. Authority. City and Owners each represent that the execution, delivery, and performance of this Agreement, and any related documents or acts necessary to carry out the purpose and intent of this Agreement by each of them has been duly and validly approved, and authorized, by all necessary actions and proceedings, and that no further action, approval, or authorization is necessary on the part of either party in order to consummate this Agreement. Each person executing this Agreement on behalf of any party does hereby personally represent and warrant that he or she has the authority to execute this Agreement on behalf of, and fully bind, such party.

16. Further Assurances. Each party to this Agreement shall execute and deliver all instruments and documents and take all actions, as may be reasonably required or appropriate to carry out the purposes of this Agreement.

17. Survival of Warranties and Covenants. Each of the covenants, representations, and warranties set forth in this Agreement that are intended to bind the parties, after the donation of the Property and recording of the Grand Deed, shall so survive.

18. Successors and Assigns. This Agreement is binding upon, and shall inure to the benefit of, each party, and each party's heirs, successors, assigns, transferees, agents, employees, or representatives.

19. Time of the Essence. Time is of the essence of each term in this Agreement.

20. Governing Law. This Agreement shall be governed by and construed according to California law.

21. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

IN WITNESS WHEREOF, City and Owners have executed this Agreement as of the Effective Date.

SIGNATURES ON SUBSEQUENT PAGE

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CITY OWNERS
By: By:

Wilma Tucker Stanley J. Simonian, Trustee of the
City Manager Stanley J. Simonian and Carmen J.

Simonian Trust
ATTEST:

By: By:

Angela Vasquez Carmen J. Simonian, Trustee of the
City Clerk Stanley J. Simonian and Carmen J.

Simonian Trust
Approved as to legal form:

By: By:

Scott G. Cross Mark M. Simonian
City Attorney

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EXHIBIT A

LEGAL DESCRIPTION

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EXHIBIT B

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Grant Deed, dated , 2023, from Stanley J. Simonian and Carmen J. Simonian, Trustees of the Stanley J. Simonian and Carmen J. Simonian Trust, and Mark M. Simonian, to the City of Fowler, a California municipal corporation, is hereby accepted by Wilma Tucker, City Manager, on behalf of the City Council of Fowler pursuant to the authority conferred by the City Council of Fowler, on May 2, 2023. The City of Fowler, as grantee, consents to recordation of said Grant Deed by its duly authorized officer, Wilma Tucker, City Manager.

CITY OF FOWLER
By: Date:

Wilma Tucker
City Manager

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Bi

REPORT TO THE CITY COUNCIL
May 2, 2023
FROM SOO HO PARK, City Engineer

SUBJECT
APPROVE an Agreement with Dewberry Engineers, Inc. in an amount not to exceed $111,516 for the Elevated Water Storage Tank Rehabilitation project, and authorize the City Manager to negotiate such agreement.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
Staff solicited a Request for Proposals (RFP) for “Elevated Water Storage Tank Rehabilitation.” The goal of the solicitation was to find a highly qualified firm to provide design, engineering, and environmental services for the rehabilitation of the City’s elevated water storage tank, located along 5th Street between Main and Fresno Streets. Although the structure is no longer used as a part of the City’s water system, it is a community landmark and key visual wayfinding feature in the City’s built environment.

After extending the solicitation period, Staff received one response to the RFP from Dewberry Engineers, Inc. Staff reviewed the qualifications and Dewberry is qualified to perform the work. In addition, Dewberry is familiar with the City of Fowler, has experience with similar projects, and has a skilled project team.

Dewberry’s scope of work will include a structural and hazardous materials assessment of the structure, creation of as-built documents, and development construction documents for the stabilization of the Approve Agreement with Dewberry
May 2, 2023

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structure. Dewberry will also facilitate a robust in-person and virtual community engagement process to determine what aesthetic improvements should be made to the structure. After that decision has been made, Dewberry will facilitate the construction bidding and administration process. Work is anticipated to be complete in spring 2024.

ENVIRONMENTAL REVIEW
This action is categorically exempt under Section 15301 of the California Environmental Quality Act, “existing facilities.”

FISCAL IMPACT
American Rescue Plan Act (ARPA) funds were previously appropriated to fund this project.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Professional Services Agreement
- Professional Services Agreement Exhibit A: Scope of Services from Dewberry Engineers 021023tg 1

CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Dewberry Engineers, Inc. ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on May 2, 2023 ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to Provide Professional Design Services for Elevated Water Storage Tank Rehabilitation ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on June 30, 2024, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement on a time and materials basis. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed One Hundred Eleven Thousand Five Hundred and Sixteen Dollars ($111,516).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement 021023tg 2
and is hereby retained to perform work that is outside the usual course of City’s business. Vendor 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 Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor 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 shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor 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 Vendor 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 Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor 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.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services 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.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed 021023tg 3
by the City or a member of any City Board or Commission.

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

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: 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 within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’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, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor 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 alleged or actual acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor 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.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a 021023tg 4
business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor 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, Vendor shall not assign the payment of any monies due Vendor 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 Vendor directly to Vendor.

22. 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.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. 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.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. 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.

27. 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 Vendor in the County of Fresno, California. Vendor shall perform the Services 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. 021023tg 5

28. 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.

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

30. 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.

31. 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 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.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor 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 Vendor have executed this Agreement on the date(s) set forth below.

DEWBERRY ENGINEERS, INC. CITY OF FOWLER
__________________________
Mike Pugh, PE, SE Wilma Tucker
Associate Vice President City Manager
Date: Date:
575 East Locust Avenue, Suite 204 128 South 5th Street
Fresno, CA 93720 Fowler, CA 93625
(559) 493-5343 (559) 834-3113
021023tg 6

EXHIBIT A

SCOPE OF SERVICES
021023tg 7

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services 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. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor 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 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.
(v) Professional Liability. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

If Vendor 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 insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad 021023tg 8
as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’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 Vendor’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) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor 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 Fowler Risk Services. The City may require the Vendor 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. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services 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 Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’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 Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor 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 Vendor to City under this Agreement. 021023tg 9

EXHIBIT C

CERTIFICATE OF INSURANCE

CITY OF FOWLER

ELEVATED WATER STORAGE TANK

REHABILITATION PROJECT
APRIL 12, 2023

SUBMITTED BY
Dewberry Engineers Inc.
575 East Locust Avenue, Suite 204
Fresno, CA 93720-2928
559.493.5343

SUBMITTED TO
Dario Dominguez
City of Fowler
128 S. Fifth Street
Fowler, CA 93625
Exhibit A: Scope of Services -- Page Page 1 of 27
pg. 1 Addendum No. 1

CITY OF FOWLER

REQUEST FOR PROPOSALS

ELEVATED WATER STORAGE TANK REHABILITATION
ADDENDUM #1
MARCH 9, 2023
A non-mandatory pre-bid site walk is added to the schedule.

Non-Mandatory Pre-Bid Meeting: A non-mandatory pre-bid meeting / site walk will be held on Monday, March 20, 2023 at 11:00 AM to entertain questions and to provide general project information. The meeting will be held at – City of Fowler Public Works Corporate Yard, 231 South Fifth Street, Fowler, CA 93625
END OF ADDENDUM NO. 1
All other conditions shall remain unchanged.

Notice: All proposers shall sign and submit the below acknowledgment of this addendum with their proposal.

Contractor/Consultant:

By:

Date:

Dario Dominguez, Public Works Director Date
Dewberry Engineers Inc.

April 12, 2023
Exhibit A: Scope of Services -- Page Page 2 of 27
pg. 1 Addendum No. 2

CITY OF FOWLER

REQUEST FOR PROPOSALS

ELEVATED WATER STORAGE TANK REHABILITATION
ADDENDUM #2
APRIL 5, 2023
Question #1: Does Hazmat Testing need to be included in the Proposal? Answer #1: Hazmat testing should be included in the design proposal. Representative samples should be taken from the structural elements and the tank by personnel with appropriate hazmat certifications. If there are multiple coats of paint, each layer of paint should be tested. At a minimum lead, asbestos, and chromium should be included in the analysis.

Question #2: Does the City of Fowler have Record Structural drawings and a status of the hazmat assessment and remediation?
Answer #2: The City does not have as-builts for the tower or any hazmat/remediation records.

Question #3: Is it possible to see the attendance list for the pre-bid meeting? Answer #3: There were no participants at the pre-bid meeting.

Question #4: Is there an Exhibit C that is supposed to be attached to the RFP? Answer #4: Exhibit C is the Certificate of Insurance that all consultants must provide prior to project award (if selected).

END OF ADDENDUM NO. 2
All other conditions shall remain unchanged.

Notice: All proposers shall sign and submit the below acknowledgment of this addendum with their proposal.

Contractor/Consultant:

By:

Date:

Dario Dominguez, Public Works Director Date
April 12, 2023
Dewberry Engineers Inc.

Exhibit A: Scope of Services -- Page Page 3 of 27
1 April 12, 2023
Dario Dominguez
Public Works Director
City of Fowler
128 S. 5th Street
Fowler CA 93625
559-834-3113 ext. 121
RE: City of Fowler’s Elevated Water Storage Tank Rehabilitation Dear Mr. Dominguez and Selection Committee,
Dewberry is excited to submit our proposal for the City of Fowler’s (City) Elevated Water Storage Tank Rehabilitation project. Already working with the City on the David T. Cardenas Senior Center and Police Headquarters, Dewberry Architects, Inc. and Dewberry Engineers Inc. have had the opportunity to get to know some of the City’s history and its great community. Our team for this project is composed of architects, engineers, and community engagement specialists to assist with the design, delivery, and approval of the proposed tank rehabilitation.

As an engineering and architectural firm with over 2,000 employees across the nation, Dewberry is able to leverage specific expertise to support our local communities. Our proposal includes a scope and fee to structurally investigate and evaluate the existing elevated tank; provide a rehabilitation design; develop aesthetic design options; engage the community to solicit feedback on the developed aesthetic options; build consensus on the selected tank aesthetic treatment; and perform hazardous materials testing. Given the lack of documentation, our engineers will utilize technology to observe and document the structure.

As a community-focused firm, we strongly believe in supporting our local communities with thoughtful, efficient architectural and engineering services. We are particularly excited about the potential for this project to contribute to your strong community. In a project such as this, there are various opportunities which the aesthetic refresh can address:
• Enrichment of community identity
• Promotion of civic pride
• Enhancement of wayfinding
• Becoming a beacon for the city and community events
• A celebration of the City’s history and/or promote a future vision We look forward to the opportunity to support this project, which will have a significant and positive impact on the future.

Sincerely,
Mike Pugh, PE, SE Will Oren, AIA
Associate Vice President, Principal Engineer Business Unit Manager, Senior Associate [email protected] [email protected]
916.822.3974 916.239.7253
Exhibit A: Scope of Services -- Page Page 4 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

ACKNOWLEDGEMENTS OF ADDENDA
COVER LETTER 1
FIRM DESCRIPTION 3
FIRM PERSONNEL AND QUALIFICATIONS 4
PROJECT APPROACH 8
PROPOSED PROJECT SCHEDULE 12
REFERENCES 13
EXCEPTIONS TO CITY OF FOWLER’S CONTRACTUAL
TERMS AND/OR RFP REQUIREMENTS 16
APPENDIX 17
Additional Project Experience 18

TABLE OF CONTENTS
Table of C ontents 2
Exhibit A: Scope of Services -- Page Page 5 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

FIRM DESCRIPTION
Overview of Dewberry
Dewberry is a leading professional services firm
with a proven history of providing engineering and
architectural design and consulting services to a
wide variety of public- and private-sector clients.

Recognized for combining unsurpassed commitment
to client service with deep subject matter expertise,
Dewberry is dedicated to solving clients’ most
complex challenges and transforming their
communities.

Established in 1956, Dewberry is a family-owned
professional services firm, with more than 55
locations and 2,000 professionals nationwide.

We pride ourselves on our ability to help clients
implement their unique vision through innovative
problem solving and design excellence.

National Resources
Our sustained growth and ability to provide the
capabilities, capacity, and geographic presence to
serve a diverse client base has made us an industry
leader. When necessary to meet specific needs, our
local Fresno office can draw on special expertise
located in other Dewberry offices across California
and across the country.

California Locations
Dewberry has six office
locations in California
and a combined staff of
117. The proximity of our
Fresno office will allow the
Dewberry team to quickly
obtain project information
and respond to project
needs.

F irm D escription 3
Exhibit A: Scope of Services -- Page Page 6 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

FIRM AND PERSONNEL

QUALIFICATIONS
Structural Engineering Services
Dewberry’s structural engineering experience spans
across a wide range of structure types including
water, wastewater, stormwater purveying, treatment
structures, buildings, and bridges. Our structural
engineers have extensive design experience utilizing
the CBC, ACI, AISC, AWWA, and various other design
codes and criteria.

Water Storage Tanks
Dewberry has designed over 50 new water storage
tank and water storage tank rehabilitation projects
over the last five years. Our project history includes
the design and rehabilitation of elevated, fluted
column, multi-column steel, composite, and concrete
tanks. We evaluate design options, including tank
style, to help our clients select the best value design.

We incorporate cathodic protection systems, lightning
protection systems, FAA lighting, and provisions for
antenna compatibility into our designs. We consider
energy utilization by balancing capital investments
with long-term O&M expenses and qualifications.

Ability to Meet Project Schedules
and Budgets
At Dewberry, we take pride in our proven track record
of successfully completing a wide variety of projects
on time and within budget.

We utilize multiple scheduling and project
management tools to benefit our projects and keep
them on track. We monitor project progress and
spending on a weekly basis to verify that overages
do not occur and deadlines are met. Our project
team regularly reviews the tasks, deliverables, and
deliverable due dates to validate that key staff and
resources are available and committed to completing
our projects on time and within budget. We prepare
and issue monthly project status reports to be sure
that our clients are always aware of project progress
and status.

Personnel and Availability
Dewberry is proud to offer the City of Fowler an
experienced team of individuals who bring a depth
of knowledge capable of meeting any challenge that
may be presented. The philosophy that Dewberry
brings to all of its projects is to provide outstanding professional staff and empower them to provide
exceptional service to our clients.

After a thorough assessment of our team’s current
commitments and backlog along with the potential
schedule and projected levels of effort for this
contract, Dewberry is confident that our experienced
leadership and technical staff would successfully fulfill the project schedule.

Project Organizational Chart and
Resumes

PRINCIPAL-IN-CHARGE
Mike Pugh, PE, SE

PROJECT SUPPORT

PROJECT ARCHITECT
Will Oren, AIA, NCARB

PROJECT ENGINEER
Kyle Lundblom, PE

DESIGNER
Madeline Vilenna

CITY OF FOWLER

PROJECT MANAGER/

STRUCTURAL ENGINEER
Max Hardy, PE
F irm and P ersonnel Q ualifications 4
Exhibit A: Scope of Services -- Page Page 7 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
• EDUCATION
MS • Structural Engineering
• California State University,
Sacramento
BS • Civil Engineering •
California State University,
Sacramento
• REGISTRATION
Professional Engineer -
Civil • CA
Professional Engineer -
Structural • CA
• YEARS OF EXPERIENCE
Dewberry • 9
Prior • 28
Mike Pugh, PE, SE

PRINCIPAL-IN-CHARGE
Mike has over 37 years of project management, structural design, and construction support services experience including construction, technical assistance, and structural inspection services. Mike’s structural design experience includes the design of water tanks, water and wastewater treatment plant structures, well structures, stormwater facilities, water reservoirs, bridges, and various sound wall and retaining wall structures. He has also provided structural assessments of water and wastewater structures including process structures, reservoirs, and pump stations. Based on his assessments, he has provided structural designs to retrofit and rehabilitate these types of facilities.

Hilts Sag Flume, San Joaquin County, CA. Lead Structural Engineer. Developed a computer model of an elevated 1920s-era water flume and conducted structural analysis of the flume structure. The flume was located in Seismic Zone 4 and had cast-in-place concrete support towers up to 73 feet in height. The main emphasis of the analysis was determining the integrity of the structure when subject to seismic loading.

Tahoe Tank Inspection/Analysis, Tahoe City, CA. Lead Structural Engineer for the inspection of one 500,000 gallon redwood tank, four 200,000 to 500,000 gallon steel reservoirs, and two 500,000 gallon prestressed concrete tanks. Also provided seismic evaluation of the redwood tank, two prestressed concrete tanks, and one steel reservoir (500,000 gallon).

Fairfield Tank Inspection, Reservoir Assessment and Preventative Maintenance, Fairfield, CA. Lead Structural Engineer for the inspection and seismic analysis of 11 water reservoirs. They included two 1.0-million gallon above-grade steel reservoirs, three 3.1-million gallon above-grade steel reservoirs, one 5.0-million gallon below-grade concrete reservoir, three 10.0-million gallon below-grade concrete reservoirs, one 12.0-million gallon below-grade concrete reservoir, and one 16.0-million gallon below-grade concrete reservoir.

Zone 36 and 39 Stormwater Lift Station, City of Manteca,CA. Lead Structural Engineer for a 120-cfs stormwater lift station for the City of Manteca. The lift station consists of a 2,300 square foot by 40-foot-deep cast-in-place concrete wet well with two low flow pumps and two high flow pumps. The lift station is directly adjacent to the San Joaquin River, so the design of the structure addressed the high ground water conditions at the project site including buoyancy effects.

F irm and P ersonnel Q ualifications 5
Exhibit A: Scope of Services -- Page Page 8 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
• EDUCATION
MArch • University of
California, Berkeley
AB • Psychology
Environment • Harvard
University
• REGISTRATION
Registered Architect • CA
NCARB
• YEARS OF EXPERIENCE
Dewberry • 4
Prior • 12
• AFFILIATIONS
American Institute of
Architects
William Oren, AIA, NCARB

LEAD ARCHITECT
As a licensed architect in California, Will has worked with several public agencies for the construction of new space or the improvement of existing space and has demonstrated success in balancing budgets, project delivery, and performance. His focus is on managing complexity, enhancing collaboration, and optimization through the use of software. Will leads the firm’s California architectural offices.

David T. Cardenas Senior Center and Police Headquarters, City of Fowler, CA.

Dewberry worked with the City to determine restoration and rehabilitative needs for preserving the historic street façade and incorporating it within a new police facility.

Calaveras County Clean California Getaway Monuments Program, CA.

Design of gateway monuments and wayfinding signage along State Highways throughout Calaveras County to provide beautification improvements.

Entry Monument, City of Elk Grove, CA. For this design-build project, performance criteria and concept drawings were completed by a local architect with a budget of $3.2 million for construction. Due to pandemic issues, escalation, supply chain delays, new library leadership, and requested deviations from the bridging documents, design modifications were required by the Dewberry team and demanded close collaboration between the architect, engineers, builder, and endusers. Additionally, design opportunities were maximized to support of a historical marker discovered on site, which included design for a new monument sign. • EDUCATION
BS • Civil Engineering •
California State University,
Sacramento
• REGISTRATION
Professional Engineer
• CA
• YEARS OF EXPERIENCE
Dewberry • 1
Prior • 8
Max Hardy, PE

PROJECT MANAGER/STRUCTURAL ENGINEER
Max has over nine years of structural design experience specializing in the design of water and wastewater treatment plants and pump stations. He has managed the design and construction of several water-containing structures, including chlorine contact basins and other environmental structures. He has also provided structural assessment for existing water-containing structures.

E.A. Fairbairn Water Treatment Plant, Existing Elevated Lime Silo Structural Assessment, City of Sacramento, CA. Structural Engineer for the condition and structural assessment of the two elevated Lime Silo Tanks. The 30-foot-tall tanks are supported by four columns with brace frames between the columns. The assessment included a tier 1 ASCE 41 seismic analysis.

Dr. Joe Waidhofer Water Treatment Plant Disinfection System Project, Stockton East Water District, CA. Structural Engineer for this gaseous chlorine system conversion to Hypo. The project included the design of a Hypo Storage Canopy and a Hypo Feed building. The 20 foot tall Hypo storage tanks were ground-supported designed for wind and seismic lateral analysis.

Aquifer Storage/Recovery Wells and Pump Station, City of Roseville, CA.

Structural design of two Aquifer storage pump stations, which included two CMU builds and Hypo tanks on the site.

American Valley Wastewater Treatment Plant Improvements Project, City of Quincy, CA. Structural Engineer for a total upgrade for a 12 MGD plant, which included a new headworks screening, a grit removal facility, a new secondary treatment concrete basin, two new CMU buildings, a new 25 foot deep concrete pump station, and upgrades to the chemical storage area.

F irm and P ersonnel Q ualifications 6
Exhibit A: Scope of Services -- Page Page 9 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
Kyle Lundblom, PE

PROJECT ENGINEER
Kyle has more than seven years of experience in providing structural engineering services including the design of water related structures and bridges. Kyle is familiar with the use of multiple design codes including the CBC, ACI, AISC, AWWA, AASHTO, and the various Caltrans bridge design manuals.

Zone 36 and 39 Stormwater Lift Station, City of Manteca, CA.

Provided structural engineering services for a 120-cfs stormwater lift station for the City of Manteca. The lift station consists of a 2,300-square-foot by 40-foot-deep cast-in-place concrete wet well. The lift station is directly adjacent to the San Joaquin River, so the design of the structure addressed the high ground water conditions at the project site including buoyancy effects.

Fiddletown Road Bridge at North Fork Creek, Amador County, CA. Bridge Engineer for this HBP bridge replacement project. The replacement bridge will be a two-lane (30-foot clear width) 40-foot-long, single-span, cast-in-place, concrete slab structure. It is anticipated the profile will be raised approximately one-foot for hydraulic purposes and 250 feet of approach roadway work from each abutment will be required to conform to the existing roadway.

Foothill Road Low Water Crossing Replacement, Santa Barbara County, CA Assistant Bridge Engineer for the independent check and constructability review of the 1,430 foot-long bridge replacing the existing low water crossing of Foothill Road at the Cuyama River. The purpose of the project is to provide a safe year around crossing of the Cuyama River for vehicles, emergency response and evacuation, and pedestrians.
• EDUCATION
BA • Design-Interior
Architecture • University
of California
AA • Arts and Humanities
• Folsom Lake College
• YEARS OF EXPERIENCE
Dewberry • 4
Prior • 1
Madeline Villena

DESIGNER
Madeline’s work with Dewberry spans from early project development to construction evaluation with experience in civic, commercial, and retail projects across California. She brings enthusiasm and creativity to every project and excels at listening and being able to transform clients’ ideas into effective forms.

Police Headquarters, City of Fowler CA. Dewberry worked with the City to determine restoration and rehabilitative needs for preserving the historic street façade and incorporating it within a new police facility.

David T. Cardenas Senior Center and Police Headquarters, City of Fowler, CA.

Dewberry worked with the City to determine restoration and rehabilitative needs for preserving the historic street façade and incorporating it within a new police facility.

Entry Monument, City of Elk Grove CA. For this design-build project, performance criteria and concept drawings were completed by a local architect with a budget of $3.2 million for construction. Due to pandemic issues, escalation, supply chain delays, new library leadership, and requested deviations from the bridging documents, design modifications were required by the Dewberry team and demanded close collaboration between the architect, engineers, builder, and endusers. Additionally, design opportunities were maximized to support of a historical marker discovered on site, which included design for a new monument sign. • EDUCATION
BS • Civil Engineering
• California State
University, Sacramento
• REGISTRATION
Professional Engineer
• CA
• YEARS OF EXPERIENCE
Dewberry • 7
Prior • 0
• AFFILIATIONS
American Society of Civil
Engineers
F irm and P ersonnel Q ualifications 7
Exhibit A: Scope of Services -- Page Page 10 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

PROJECT APPROACH
Project Understanding
We understand this project to be comprised of two
key components:

1. A structural evaluation and rehabilitation of the
existing tank

2. An aesthetic refresh of the tank through graphics
and paint
As architects and engineers, we appreciate the
goals to restore, preserve, and re-envision existing
community structures, in this case, the existing water
tank and tower. With a commitment to sustainability,
we look forward to these opportunities to enhance
our local communities through projects such as the
City of Fowler’s (City) Elevated Water Storage Tank
Rehabilitation project.

With the primary focus on public safety and structural
stabilization, we propose minimal structural
alterations to preserve the original character of the
structure. Given the lack of existing documentation,
we propose to first document and analyze the
existing structure through laser scanning and direct
observation of structural connections by engineers
specializing in elevated structures.

In addition to the structural repairs, we have identified a significant opportunity for the tower to support the
community and its identity. Given the visibility of the water tower from I-5 and the majority of the City, the
tower has a unique opportunity to become an urban
beacon and way-finding element traveling to and
within the City. This project will enhance a significant landmark that will further enrich the City’s identity to align with other ongoing redevelopment projects.

Structural Approach
Structural Assessment
In conducting a structural evaluation, many steps are
taken to evaluate the existing structure’s strength
and rigidity when compared to current standards
or building codes. The main factors to consider
when evaluating an existing structure include the
overall condition, the year it was built, and relevant
information such as As-Built drawings. Each of these
factors play an integral role in conducting a thorough
structural analysis of the structure’s gravity and lateral capacity. The building code used for the evaluation
of existing buildings is the 2022 California Existing
Building Code, which references the standard ASCE
41-17 Seismic Evaluation and Retrofit of Existing
Structures. In this standard, there are structural
milestones set for the analysis procedure, such as
Life Safety, Collapse Prevention, and Immediate
Occupancy. Each performance objective has an
acceptable deformation and strength reduction. The
compliance of existing structures per ASCE 41-17
can also comply with ASCE 7-16 Minimum Design
Loads and Associated Criteria for Buildings and
Other Structures Provisions for new construction.

The existing elevated water tank for the City creates
unique and interesting structural challenges.

Code Alignment and Conformance
While these standards and codes for existing
structures are effective for existing buildings, they are not well-suited for “other structures,” such as elevated steel water tanks. To comply with the existing building code, the City’s elevated water storage tank will be
analyzed using current code minimum values stated
in ASCE 7-16, chapter 15. This will verify the City’s
investment to rehabilitate the existing elevated tank
so that it can last for years to come as a significant
landmark will be well spent.

Finite Element Analysis
Because the tank has been
taken out of service, it is
assumed that no water is
stored within the tank. This
greatly reduces the overall load
and demand on the structure.

For a lateral analysis, two loads
are considered: seismic and
wind. Each lateral load provides
its own design challenges.

However, knowing that water
is no longer stored in this tank,
it is safe to assume that
wind load will control the
rehabilitation design for this
tank. With this information in
hand, Dewberry has begun
to create finite element analysis models of the Fowler
Tank and has run wind loading simulations through
the model. You can see these models demonstrated
in Figures 1 and 2. These preliminary models
demonstrate that we have the tools and know-how to
analyze the City’s elevated tank.

FIGURE 1 Finite element
analysis model of the
Fowler Tank
P roject A pproach 8
Exhibit A: Scope of Services -- Page Page 11 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
Limiting Unknowns and Controlling Risk
Another assumption for analyzing the elevated water
tank is the condition and capacity of the existing
foundation. It is assumed that the existing foundation
is sound and has the capacity needed to support the
tank, given the minimum wind and gravity loads. If the
City has reason for concern about the existing tank
foundation, further discussion can take place during
the contract phase.

Assumptions and Approach
During the RFP phase, it was identified that the City
could not locate the As-Built drawings of the elevated
water tank. While it is valuable to have the existing
drawings to understand the dimensions and possible
material strengths, existing building codes gives
assumed steel values with consideration of the year
the structure was built. Steel strength and ductility
have changed in the past 100 years, and in the 1920s
steel was not as strong and stiff as it is today. The
RFP states that the tank was constructed sometime
in the 1920’s. With this information, we will use code
minimum values for steel strength in analyzing the
existing tank frame. To obtain an accurate height and
overall dimensions of the tank, Laser- Scanning can be
conducted, which will give the City the added value of
having As-Built and 3D CAD drawings of the elevated
tank. This can also be discussed during the contract
phase.

Direct Observation and Investigation
For a full structural analysis of the City’s existing
elevated tank, we will conduct an in-depth site visit
that will include a condition assessment and structural evaluation. The condition assessment and structural
evaluation will need to include the use of a Boom Lift
to take our Project Manager, Max Hardy, PE around
the tank frame. This assessment will determine if
there are any structural concerns or deteriorated
conditions.

Addressing Deficiencies
Dewberry has the experience and expertise to analyze
the City’s existing elevated water tank. We will identify the existing tank structural capacity, and if needed, we will produce detailed design connections so the tank
can withstand the current building code minimum
lateral loads. A report will be created by Dewberry
and submitted to the City for review and concurrence.

The report will explain the overall condition of the
elevated tank and describe the recommended
structural rehabilitation work needed.

PROJECT SCOPE
Task 1: Project Kickoff, Workshop, Data
Collection, & Site Verification
We will launch your project with a formal kick-off
meeting that will include all project leadership, the
project team, and stakeholders to introduce all team
members and to review the project scope, lines of
communication, and schedule. This meeting will
establish a collaborative environment for the design
process, laying the groundwork for consensusbuilding. An important part of this meeting will be a visioning exercise that will confirm and establish
priorities and measures of success for the Fowler
Water Tower Repair. During this kickoff meeting, a key
exercise led by Dewberry Architects and Engineers,
will be used to identify critical success factors.

Dewberry has designed
over 50 new water
storage tank and
water storage tank
rehabilitation projects
over the last five years.

CRITICAL SUCCESS FACTORS
It is essential to develop and document the project’s
Critical Success Factors to support the overall design
and establish benchmark factors of success by which
the project will be evaluated. We understand these
factors are often different and dependent on the
goals and metrics of each stakeholder. Our process
will provide an opportunity for all of these factors to be considered and for all stakeholder groups to reach
a consensus on the key elements of the project that
will be necessary for success.

The Critical Success Factors will become a living
document, revisited at each phase of the project to
measure progress and make revisions or adjustments
necessary as the project evolves.

DESIGN WORKSHOP
We recognize that every design decision impacts
the future direction of the project. Dewberry will
involve the community by leading design workshops
P roject A pproach 9
Exhibit A: Scope of Services -- Page Page 12 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
with project stakeholders to discuss the relative
strengths, weaknesses, and budgetary costs of
each concept. Each workshop will be interactive
and will promote collaboration throughout the
process. Comments and ideas will be compiled into
a written summary for each workshop and used
to inform future design development following
the workshop. It is our intention that this process
will include alternatives for the exterior graphic
design resulting in the confirmation of a preferred
single design concept for final documentation and
implementation. These intensive sessions will serve
to expedite the design process and, at the same time,
achieve greater consensus and ownership among
all stakeholders. Our design team will prepare and
evaluate the estimated cost, critical path schedule,
and procurement considerations for the developing
design to understand the impact of all decisions.

DOCUMENTATION AND COMMUNICATION
Dewberry will generate formalized meeting notes,
documenting all decisions made and distribute them
to all stakeholders as a record of every meeting.

These notes will become the basis for regular project
meeting minutes that track the status of tasks and
milestone deliverables. An important factor to address
is the discussion of the logistics of existing structure observations and in-person site visits and meetings
to address any applicable safety protocols for the
health and safety of all team members. Discussions
will define protocols for safe access to all elements
of the structure, required personal protective
equipment, and other practical information important
to undertaking the physical assessment.

Task 2: Structural Assessment and
Rehabilitation
The structural team will conduct the condition
assessment of the tower, which will include the
overall condition of the existing steel and the
condition of the structural member connections.

The notes taken from the assessment will be
included in the desk top analysis and finite element
analysis to locate structural deficiencies, if any, when compared to current code values. The information
and analysis collected will be included in a condition
assessment report submitted to the City which will
include structural recommendations. The structural
recommendations will be reviewed and drawings and
specifications will be created for the tank retrofit.

There will be two structural design phases, a 60%, and
final design phase.

Task 3: Preliminary Conceptual Design
The design team will prepare, present, and request
critical feedback for six conceptual designs for the
aesthetic refresh of the water tower. As a communityfocused firm, we believe these concepts should be rooted in the character of the City, the concepts will
draw upon Fowler’s historic past, current character,
and the future vision of city leaders. The goal of this phase will be to narrow down and refine the six
concepts for further development.

Task 4: Conceptual Review and Revisions
In this phase, the options for the design will be refined to three ‘shortlist’ concepts. The design team will
prepare enlarged graphics, paint swatches, and/or
material samples along with scaled drawings of the
final aesthetic concepts. In addition, these concepts
will be supported with visualizations of the water
tower from various points in the city. Following the
presentation of three concepts, feedback from the
City will be incorporated into three concepts to be
shared with the community.

COMMUNITY ENGAGEMENT WORKSHOP
A project like this will require extensive community
involvement. The Dewberry team will develop a
variety of marketing and outreach materials to
support this effort.

Specifically, our team will create project information
fact sheets, press releases, event flyers, community
mailers, comment cards, social media content, press
releases, and other content as needed. All materials
and content can be created in Spanish and a variety of
other languages as needed.

COORDINATE AND FACILITATE FARMER’S MARKET

BOOTH AND POP-UP EVENTS
Grassroots involvement, such as having a City
booth at the local farmers market, is an effective
and low-cost way to reach a large percentage of the
community. Bringing the City and its projects to the
community in a low-stress and informal setting allows
residents to ask questions they wouldn’t ask during
more formal events. Similarly, Pop-Up events are the
project team bringing the project and its materials to
uncommon community events, such as a weekend
at the community pool or during small community
events. Farmer’s markets and pop-up events provide
effective involvement to historically marginalized and
unrepresented communities.

P roject A pproach 10
Exhibit A: Scope of Services -- Page Page 13 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
Task 5: Website Development and Survey
METROQUEST SURVEY: PROJECT INTRODUCTION TO

COMMUNITY
MetroQuest is a web-based survey tool that presents
survey questions with a graphic and interactive
format, allowing survey participants to interact with
the survey and provide customized feedback. This
survey allows participants to identify priorities by
allocating a limited amount of funds to various project components, place pins on a map identifying specific
locations, prioritize their preferences, and many other interactive options to gather specific project feedback.

Additionally, this tool can be created in multiple
languages and easily viewed on mobile devices.

Common distribution methods include social media
platforms, distributed to email lists and neighborhood
platforms, and posted to the project website. The
Dewberry team anticipates utilizing this tool to
introduce the project to the community and solicit
feedback to help the project stakeholders understand
the community’s concerns.

Task 6: Final Design Package
Comments from the website will be incorporated
into the design package, and a final design concept
will be developed for the water tower. The package
will include dimensioned graphics and digital files as
necessary. Depending on the final design concept,
the refresh could include creative paint schemes or
a high-resolution printed graphic that can be applied
to the exterior. Alongside the final design concept,
a bid set drawing package and specifications will be
included. These drawings will include any required
rehabilitation work. The specifications will include
the requirements for abatement and preparation for
paint.

Task 7: Bid Support & Construction
Administration
Once the drawings and specifications are fully
approved, drawings and specifications will be
combined into a bidding package including the City
provided front-end specification sections of Bidding
Instructions and General Conditions. Our project
manager, planner, and/or designer will assist the City
by attending and participating in a pre-bid conference, if scheduled by the City. We will prepare any required
addenda and respond to RFIs. If necessary, we will
remove items from the project scope at the request of
the City. Early planning for these deductive alternates is essential and will begin in the Design Development
phase.

We will attend the pre-bid conference, provide
construction observation as requested or necessary,
and assist in the preparation of change orders
inclusive of a construction estimate, should any
unforeseen conditions arise. At the conclusion
of construction, we will work with the selected
contractor to produce a set of as-built drawings
capturing field changes. As part of the bid support
services, contractor record sets should be shared
with the design team to record the deviations from
the contract documents. At the point of substantial
completion, Dewberry will conduct a punch-walk to
direct the contractor to address incomplete items.

FIGURE 2 Finite element
analysis model of the
Fowler Tank
P roject A pproach 11
Exhibit A: Scope of Services -- Page Page 14 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

PROPOSED PROJECT SCHEDULE
ID Task Task Name Duration Start Finish Predecessors
1 Project Initiation 21 days Tue 5/2/23 Tue 5/30/23
2 Kickoff meeting & Design Workshop1 day Wed 5/31/23Wed 5/31/231 3 Hazmat Sampling & Lab Testing 30 days Wed 5/31/23Tue 7/11/23 1 4 Structural Assessment 7 days Wed 7/12/23Thu 7/20/23 3 5 Code check 4 days Wed
7/12/23
Mon
7/17/23
2 6 Site Visit - Observation &
Investigation
5 days Wed
7/12/23
Tue 7/18/23 2
7 Finite Element Analysis 2 days Wed
7/19/23
Thu 7/20/23 6,5
8 Premlimary Conceptual Design 5 days Fri 7/21/23 Thu 7/27/23 4 9 Design Revisions & Owner
Meetings
30 days Fri 7/28/23 Thu 9/7/23 8
10 Community Outreach 30 days Fri 9/8/23 Thu 10/19/239
11 Community Engagement
Workshop
10 days Fri 9/8/23 Thu 9/21/23 9
12 Pop-up events 10 days Fri 9/22/23 Thu 10/5/23 11
13 Metroquest Survey & Results 10 days Fri 10/6/23 Thu
10/19/23
12 14 Final design package 10 days Fri 10/20/23 Thu 11/2/23 13 15 Bidding 2 mons Fri 11/3/23 Thu
12/28/23
14 16 Bid Support & Construction
Administration
3 mons Fri 12/29/23 Thu 3/21/24 15
April 2023 May 023 June 2023 July 2023 August 2023 September 2023 October 2023 November 2023 December 2023 January 2024 February 2024 March 2024 April 2024 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
City of Fowler Elevated Water Storage Tank Rehabilitation

PROPOSED SCHEDULE

Page 1 ends

Project: Fowler Water Tower - S
Date: Wed 4/5/23
P roposed P roject S chedule 12
Exhibit A: Scope of Services -- Page Page 15 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

REFERENCES
•CLIENT
City of Fowler, CA
•SIZE
16,500 SF
•COMPLETION
10/2023 (Est.)
•CONTACT
Wilma Tucker
City Manager
City of Fowler
128 S. 5th Street
Fowler, CA 93625
[email protected]
Michael S. Reid
Chief of Police
City of Fowler
128 S. 5th Street
Fowler, CA 93625
[email protected]
David T. Cardenas Senior Center and Police Headquarters

FOWLER, CA
Dewberry provided a facility and site assessment study that evaluated a senior center complex with a parking lot acquired by the City of Fowler for conversion into a new Police Headquarters and Senior Center. The team worked with City officials to determine restoration and rehabilitative needs for preserving the historic street facade of the existing facility, formerly Fowler Hospital, to incorporate within a new facility.

The design team provided specialized law enforcement facility planning along with shared facility design to meet the City’s 20-year growth projection. Services include a space needs analysis, planning, programming. and architecture to provide a design that allows the City to grow its police force from 12 officers to 30. The design resulted in a municipal police department emphasizing community-oriented law enforcement with public amenities such as community rooms, reading rooms, event space, and a kitchen.

Ongoing stakeholder and community meetings with the Police Department, Senior Center leadership, and City team were held to carry through design intent for department functionality while engaging a diverse and historically underrepresented community. The design team used the feedback from all groups to help develop the facility program while providing a design that preserves and enhances the elements and characteristics of the existing historic facility.

R eferences 13
Exhibit A: Scope of Services -- Page Page 16 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
• CLIENT
Calaveras County, CA
• COMPLETION
(Est.) 2023-2024
• CONTACT
Jacob Lile
Calaveras County
Public Works Analyst II
Department of Public Works
891 Mountain Ranch Road
San Andreas, CA 95249
209.754.6401
[email protected]
As the recipient of a Caltrans Clean California - State Highway Grant, Calaveras County initiated the task of installing beautification elements in the form of new gateway monuments and wayfinding signage throughout seven of the local communities. Dewberry was selected to both design and construct the signage for over a dozen locations County-wide. Our goal was to develop a unifying signage style while highlighting each communities’ unique identity. To achieve this, Dewberry worked hand-in-hand with local residents through inperson community engagement meetings and web-based surveys.

Through a series of material studies and graphic design exercises, Dewberry produced seven unique monument sign designs, each showcasing materials and iconography derived from its associated community.

While the signs differ from one another in color, materiality, and iconic graphic, the monuments all share the same form and stylistic treatment, offering a solution to unifying the county through a standardized design while also creating a monument that was bespoke to each community’s individual character.

CA Gateway Monument

CALAVARAS COUNTY, CA
R eferences 14
Exhibit A: Scope of Services -- Page Page 17 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
• CLIENT
Stanislaus County
• SIZE 4,923 SF
• COMPLETION
2020
• CONTACT
Andy Johnson
Assistant Director of Capital
Facilities
Stanislaus County
1010 10th Street
Modesto, CA 95354
209.525.438
[email protected]
Dewberry served as Architect of Record for this new library branch, which houses collections for adults, teens, and children; a sheriff’s substation; a community room; and an outdoor community garden. Through use of carefully designed circulation and access control, this project maximizes the usages of the building for the benefit of the local community.

For this design-build project, performance criteria and concept drawings were completed by a local architect with a budget of $3.2 million for construction.

Due to pandemic, escalation, supply chain delays, new library leadership, and requested deviations from the bridging documents, design modifications were required by the Dewberry team and demanded close collaboration between the architect, engineers, builder, and end-users. Additionally, design opportunities were maximized to embrace display and support of a historical marker discovered on site, which included design for a new monument sign.

Working with Roebbelen Contracting and County representatives, the project was completed on time and within budget, despite the newly challenging social distancing protocols required of the implementation team.

Stanislaus County - Empire Branch Library

EMPIRE, CALIFORNIA
R eferences 15
Exhibit A: Scope of Services -- Page Page 18 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
EXCEPTIONS TO CITY OF FOWLER’S

CONTRACTUAL TERMS AND/OR RFP

REQUIREMENTS
Dewberry takes no exceptions to the City of Fowler’s contractual terms and/or RFP requirements.

R eferences 16
Exhibit A: Scope of Services -- Page Page 19 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER

APPENDIX
A ppendix 17
Exhibit A: Scope of Services -- Page Page 20 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
Other Water Tank Experience
•Inspection, design, and construction supervision
services for the rehabilitation of the Oldham and
Preakness Water Tanks, Wayne, NJ – 2 MG ground
storage tank
•Inspection, design, and construction supervision
services for the rehabilitation of the Star Lake
Water Storage Tank, Bloomingdale, NJ – 0.5 MG
water standpipe
•Inspection, design, and construction supervision
services for the rehabilitation of the Force Hill
Road Water Storage Tank, Livingston, NJ – 0.5 MG
elevated spheroid water storage tank
•Inspection, rehabilitation, and repainting of Duke
Tank (fluted column), Berkeley Water, Berkeley
County, WV – 0.75 MG
• Food Lion Water Storage Tank and Pump Station
upgrade, Prince George County, VA – 1 MG tank
• Pedestal Elevated Storage Tank Pelham
•Industrial Park, Caswell County, NC – 0.5 MG
• Kill Devil Hills Elevated Tank and Water Booster
Station upgrade, Kill Devil Hills County, NC – 0.4
MG
• Cumbo Yard Tank (composite elevated), Berkeley
Water, Berkeley County, WV – 2 MG
• Robin Grove Water Storage Tank, Colonial Beach,
VA – 0.25 MG bolted steel ground storage tank
• Ballenger Creek Storage Tank, Frederick, MD –
1MG, composite elevated
• Prince Frederick Water Tank, Calvert County, MD
– 0.75 MG
• Pedestal Elevated Storage Tank, Clarksville, VA –

0.3 MG
• Liberty Tank inspection and evaluation, Berkeley
Water, WV – 0.6 MG, multi-leg elevated
• Airport Road Tank inspection, Berkeley

ADDITIONAL PROJECT EXPERIENCE
Creighton Road Elevated Water Tank

HANOVER COUNTY, VA
We developed a preliminary engineering study and provided design and construction services for a 1 MG elevated water storage tank and 1,000 LF of water line to connect the tank to the county’s existing water system.

Composite Elevated Storage Tank

FAIRFAX WATER, VA
We used balloon testing to develop photo-realistic renderings of a taller tank located on the campus of George Mason University to facilitate outreach and planned construction sequencing for safety and minimal impacts. The project included evaluation of tank mixing procedures and design of electrical systems for servicing, SCADA and security systems compatible with existing systems.

Composite Elevated Storage Tank

BERKELEY COUNTY PUBLIC SERVICE WATER

DISTRICT, WV
We designed the new 2 MG tank, site improvements, mixing system, SCADA control system, and FAA lighting; and prepared environmental permitting.

A ppendix 18
Exhibit A: Scope of Services -- Page Page 21 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
A ppendix 19
Cyrus Avery Centennial Plaza -
Route 66 Enhancement Project

TULSA, OK
As a part of the master plan for Route 66 to turn the
26 miles of this historic transportation icon in Tulsa
County into a tourist destination, Dewberry provided
A/E services for the Cyrus Avery Plaza. The completed
project, which serves as a Route 66 gateway to
downtown Tulsa, features a pedestrian sky bridge
from the parking area to a plaza at the east end of
the Avery Bridge. The west end of the sky bridge also
includes an observation platform for viewing the
original historic bridge structure.

The semi-circular plaza provides a setting for a
bronze statue entitled “East Meets West” that depicts
the Cyrus Avery family crossing the bridge.

Other components of the plaza include flag poles
flying the flags of the eight states that Route 66
traverses and five small monuments depicting
historic information about Route 66. Additional
enhancements to the plaza include landscaping and
lighting.

Meadow Gold Sign Restoration -
Route 66 Enhancement Project

TULSA, OK
One of the enhancement projects that evolved from
this master planning effort was the restoration of
the Meadow Gold sign, a 1930s-era neon billboard
for a popular milk and ice cream producer. The
double-sided neon sign, one of the hundreds of
neon advertisements that marked the roadside
along historic Route 66, sat at the southwest corner
of 11th Street and Lewis Avenue in Tulsa for more
than eight decades. In 2004, the rusty and neglected
sign was at risk when the building on which it sat was
being demolished. Through the efforts of the Tulsa
Foundation for Architecture, a new site was donated,
and funds from grants, donations, and Vision 2025
were used for the restoration efforts.

Dewberry designed the brick plaza on which the
newly restored sign now stands at the southwest
corner of 11th Street and Quaker. The one-of-a-kind
sign now sits at the same height and faces the same
direction as before, one mile west of its original
location.

Kiosks inside the brick structure provide information
about the history of the sign, the story of the sign’s
restoration and move to a new location, the role
played by the Tulsa Foundation for Architecture,
and other facts of interest. The restored landmark
has been given a place of honor on the route as a
secondary destination point for Route 66 enthusiasts.

Exhibit A: Scope of Services -- Page Page 22 of 27

ELEVATED WATER STORAGE TANK REHABILITATION

CITY OF FOWLER
Route 66 Gateways

TULSA, OK
Working closely with Tulsa planners and engineers,
Dewberry provided A/E services for the design
of gateways that mark each end of Tulsa’s Route
66 corridor. Designed to reflect the zigzag and
streamlined styles of art deco architecture and reflect the American automobile culture of the 1950s and
1960s, the gateways at each end of the corridor
welcome visitors who travel ‘The Mother Road’
through Tulsa.

Santa Rita Water Reclamation
Facility Improvements and New
Administration/Lab Building

CITY OF DURANGO, CO
Dewberry performed planning, design, and
construction phase engineering services for the
modifications to the City of Durango’s Santa
Rita Water Reclamation Facility improvements.

The planning phase of the project included the
preparation of a Facility Plan which included a
comprehensive evaluation of unit processes.

The report included planning level criteria for
improvements, based on projected growth and
regulatory requirements; an alternatives analysis
including a preliminary opinion of probable
construction cost, and estimated operation and
maintenance cost for each alternative; and an
implementation plan for the recommended
alternatives.

As part of the upgrades, Dewberry designed a new
17,000 SF administration building complete with
a new laboratory. The new 1,500 SF lab contains
counter space, analysis equipment, ovens, hoods,
purewater water system, glass storage, cleaning
equipment, and workspaces sufficient to analyze all
the typical parameters (solids, BOD5, solids, pH, DO,
nutrients) at a BNR wastewater treatment facility.

Our team optimized the space and layout so that
multiple people could be working in the laboratory
space at the same time without interfering with
one another. The workspaces allowed the lab staff
to immediately upload data into the plant’s SCADA
system so that it was available to Operations Staff in
real time; providing them with the information they
need to operate the BNR facility immediately.

A ppendix 20
Exhibit A: Scope of Services -- Page Page 23 of 27
www.dewberry.com
Exhibit A: Scope of Services -- Page Page 24 of 27
Elevated Water Storage Tank Rehabilitation
City of Fowler
.
. PIC, Michael Pugh PM, Maxwell Hardy Project Engineer, Kyle Lundblom Project Architect, Will Oren Designer, Madeline Vilenna CADD TECHNICIAN V, To Be Determined CADD TECHNICIAN III, To Be Determined PROFESSIONAL III, To Be Determined TASK HOURS TASK COSTS . Loaded Rate: $340.00 $203.00 $163.00 $227.00 $119.00 $178.00 $129.00 $153.00

1.0 1.1 8 10 18 $3,006.00

1.0 8 10 18 $3,006.00

2.0 2.1 10 68 52 130 $25,680.00

2.0 10 68 52 130 $25,680.00

3.0 3.1 4 20 24 $3,288.00

3.0 4 20 24 $3,288.00

4.0 4.1 8 8 16 $2,768.00

4.2 12 12 24 $4,152.00

4.0 20 20 40 $6,920.00

5.0 5.1 1 1 30 32 $4,936.00

5.0 1 1 30 32 $4,936.00

6.0 6.1 18 36 24 10 32 24 56 200 $34,914.00

6.0 18 36 24 10 32 24 56 200 $34,914.00

7.0 7.1 24 24 8 56 $11,272.00

7.0 24 24 8 56 $11,272.00
. 28 128 76 67 91 24 56 30 500 $90,016.00
Task #
Website Development and Survey
MetroQuest Survey: Project Introduction to Community
Total Task 1
Structural Assessment & Rehabilitation
Project Kickoff, Workshop, Data Collection, & Site Verification Structural Assessment & Rehabilitation
Project Kickoff, Workshop, Data Collection, & Site Verification Preliminary Conceptual Design
Total Task 2
Community Engagement Workshop
Total Task 3
Preliminary Conceptual Design
Conceptual Design Review & Revisions
Coordinate & Facilitate Farmer's Market Booth & Pop-Up Events Final Design Package
Final Design Package
Total Task 5
Bid Support & Construction Administration
Bid Support & Construction Administration
Total Task 7
Dewberry
Prime
Total Task 4
TOTAL PROJECT COST $111,516.00
OTHER DIRECT COSTS (see attached sheet) $21,500.00

TOTAL DIRECT LABOR HOURS
Task Name
Total Task 6
Exhibit A: Scope of Services -- Page Page 25 of 27
Consultant Prime Consultant
Project No. Date
Boom Truck and Laser Scanning 1.0 LS $19,000.00 $19,000.00 Hazardous Materials Testing 1.0 EA $2,500.00 $2,500.00

PRIME CONSULTANT
DESCRIPTION OF ITEMS Quantity Unit Unit Cost Total
Subconsultant

SCHEDULE OF OTHER DIRECT COST ITEMS
Dewberry
Elevated Water Storage
Tank Rehabilitation Contract No. 4/11/2023 TBD
Total ODC's $21,500.00
Total Subconsultants $21,500.00
Note: Add Additional pages if necessary.

X
Exhibit A: Scope of Services -- Page Page 26 of 27

NAME OR CLASSIFICATION
2022

BILLING
RATE
PRINCIPAL $360 $ 325 - $ 395
ENGINEER IX $306 $ 284 - $ 328 DESCRIPTION OF ITEM COST ENGINEER VIII $276 $ 257 - $ 296 Personal Vehicle Mileage see note 1 ENGINEER VII $261 $ 248 - $ 276 Overnight Mail Service Actual ENGINEER VI $232 $ 215 - $ 249
ENGINEER V $202 $ 188 - $ 217
ENGINEER IV $178 $ 165 - $ 191 NOTES:

ENGINEER III $163 $ 153 - $ 173
ENGINEER II $143 $ 125 - $ 161
ENGINEER I $123 $ 112 - $ 135
TECHNICAL VI $178 $ 150 - $ 205
TECHNICAL V $158 $ 146 - $ 170
TECHNICAL IV $143 $ 131 - $ 156
TECHNICAL III $128 $ 119 - $ 138
TECHNICAL II $108 $ 100 - $ 118
TECHNICAL I $94 $ 82 - $ 106
CADD TECHNICIAN V $178 $ 150 - $ 205
CADD TECHNICIAN IV $148 $ 138 - $ 158
CADD TECHNICIAN III $128 $ 119 - $ 138
CADD TECHNICIAN II $108 $ 97 - $ 120
CADD TECHNICIAN I $89 $ 78 - $ 100
DESIGNER VI $227 $ 214 - $ 240
DESIGNER V $207 $ 198 - $ 217
DESIGNER IV $182 $ 163 - $ 202
DESIGNER III $163 $ 153 - $ 173
DESIGNER II $143 $ 131 $ 156
DESIGNER I $118 $ 105 - $ 132
PROFESSIONAL VII $232 $ 215 - $ 249
PROFESSIONAL VI $212 $ 205 - $ 220
PROFESSIONAL V $197 $ 187 - $ 208
PROFESSIONAL IV $178 $ 168 - $ 188
PROFESSIONAL III $153 $ 136 - $ 170
PROFESSIONAL II $128 $ 119 - $ 138
PROFESSIONAL I $108 $ 97 - $ 120
CONSTRUCTION PROFESSIONAL VII $325 $ 305 - $ 345
CONSTRUCTION PROFESSIONAL VI $285 $ 266 - $ 305
CONSTRUCTION PROFESSIONAL V $251 $ 231 - $ 271
CONSTRUCTION PROFESSIONAL IV $216 $ 200 - $ 234
CONSTRUCTION PROFESSIONAL III $197 $ 184 - $ 210
CONSTRUCTION PROFESSIONAL II $162 $ 139 - $ 186
CONSTRUCTION PROFESSIONAL I $138 $ 127 - $ 149
INSPECTOR VII ** $236 $ 223 - $ 250
INSPECTOR VI ** $207 $ 188 - $ 226
INSPECTOR V ** $177 $ 166 - $ 189
INSPECTOR IV ** $162 $ 152 - $ 173
INSPECTOR III ** $143 $ 132 - $ 154
INSPECTOR II ** $118 $ 104 - $ 133
INSPECTOR I ** $93 $ 81 - $ 107
ADMIN PROFESSIONAL V $173 $ 161 - $ 185
ADMIN PROFESSIONAL IV $158 $ 146 - $ 170
ADMIN PROFESSIONAL III $123 $ 106 - $ 141
ADMIN ASSISTANT II $99 $ 86 - $ 112
ADMIN ASSISTANT I $84 $ 74 - $ 94
GEOGRAPHER/GIS IX $291 $ 278 - $ 305
GEOGRAPHER/GIS VIII $252 $ 225 - $ 278
GEOGRAPHER/GIS VII $217 $ 206 - $ 229
GEOGRAPHER/GIS VI $192 $ 177 - $ 208
GEOGRAPHER/GIS V $173 $ 164 - $ 182
GEOGRAPHER/GIS IV $153 $ 142 - $ 164
GEOGRAPHER/GIS III $128 $ 113 - $ 144
GEOGRAPHER/GIS II $113 $ 104 - $ 123
GEOGRAPHER/GIS I $99 $ 92 - $ 106
ARCHITECT IX $252 $ 240 - $ 264
ARCHITECT VIII $227 $ 214 - $ 240
ARCHITECT VII $207 $ 198 - $ 217
ARCHITECT VI $187 $ 179 - $ 197
ARCHITECT V $168 $ 154 - $ 182
ARCHITECT IV $148 $ 141 - $ 156
ARCHITECT III $133 $ 123 - $ 144
ARCHITECT II $118 $ 111 - $ 126
ARCHITECT I $103 $ 94 - $ 112
SCHEDULE OF FEES (7/1/23 - 6/30/24)

CLASSIFICATION

BILLING RATE
RANGE

1. Pre-approved travel and per-diem costs will
be reimbursed in conformance with the current
Department of Transportation Travel and
Expense Guide for Consultants. No charge will
be invoiced for employee relocation cost.

2. Classifications identified with ** are subject
to prevailing wage.

OTHER DIRECT COSTS

3. Rates subject to an annual escalation of 5%.

Exhibit A: Scope of Services -- Page Page 27 of 27

← All documents from this meeting