CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 05, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
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https://us06web.zoom.us/j/84906247900?pwd=aFkzcUJVRDdBMmsxWTdoYStDdzJBUT09 Telephone Number: (253) 215-8782
Meeting ID: 849 0624 7900
Passcode: 550010
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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 https://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 1 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. APPROVAL OF AGENDA
4. INVOCATION BY PASTOR WALLY ROBERTS OF ROSE OF SHARON CHURCH
5. PLEDGE OF ALLEGIANCE
6. CEREMONIAL PRESENTATIONS
A. Swearing in of Police Officer Lucila Martinez
7. 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.
8. 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.
A. RATIFY Warrants for September 5, 2023
B. APPROVE Minutes of the August 15, 2023 City Council Meeting C. ACCEPT Various Donations to the City for Employee Appreciation Dinner D. Actions pertaining to positions authorized in the fiscal year 2023/24 budget, effective October 1, 2023:
APPROVE Resolution No. 2671 adopting the salary classification schedule to establish ranges for Fire Captain, Fire Engineer, Firefighter, and Crime Analyst, and to revise the ranges for Planning & Code Enforcement Technician I and Permit Technician.
2 APPROVE Position Authorization Resolution No. 2672 converting one Accounting Assistant to Accounting Technician, and converting one Records and Property Technician II to Crime Analyst.
E. APPROVE Resolution No. 2673 Authorizing the City Manager to execute agreements with the United States Department of Transportation for the City of Fowler Reconnecting Communities and Neighborhoods (RCN) Grant Program
F. Award CML 5173 (034) Fowler Avenue Sidewalks Project in the amount of $115,700 to JT2, Inc. DBA Todd Companies.
G. ADOPT Resolution No. 2674 approving the final map for Tract 6405 accepting on behalf of the public streets and easements as offered on the map in accordance with the terms of the dedications and authorize the City Manager to execute the Subdivision Agreement on behalf of the City.
H. Actions pertaining to the water rate study and formation of citywide community facilities district:
APPROVE the Second Amendment to the Agreement with DTA Finance in the amount of $14,307, for a total contract amount of $90,947, and authorize the City Manager to execute the Second Amendment.
APPROVE Resolution No. 2676 adopting a budget amendment in the amount of $14,307.
I. ACTIONS pertaining to the design of the David T. Cardenas Senior Center and Police Headquarters:
APPROVE a First Amendment in the amount of $150,632 to the agreement with Dewberry Architects, Inc., for a total amount of $680,376.
APPROVE Budget Resolution No. 2677 in the amount of $150,632.
J. Donation request from Fowler Youth Football
K. APPROVE donation request from Fowler Boy Scouts Troop 390 in the amount of $1,000 for Fiscal Year 2023-24
9. CONTESTED CONSENT CALENDAR
Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.
10. GENERAL ADMINISTRATION
Finance
10 A. APPROVE Resolution No. 2675 adopting an Investment Policy 3 10 B. Actions pertaining to banking services:
APPROVE a Memorandum of Understanding (MOU) with United Security Bank (USB) for banking services and authorize the City Manager to execute.
Direct the City Manager to execute a Waiver of Security to ensure all City deposits at USB are fully insured above the FDIC limit.
Direct the City Manager to regularly monitor interest rates to ensure the City is obtaining the best possible return from USB
Personnel
10 C. Provide staff direction regarding elected official medical care coverage Planning
10 D. APPROVE a Disposition and Development Agreement between the City of Fowler and Bobby Aulakh for the property located at 119 South 6th Street (APN 343-172-09T) and authorize the City Manager to execute the Agreement. 10 E. Actions pertaining to Planning Project 23-13:
i) INTRODUCE ORDINANCE No. 2023-08, regarding Planning Project 23-13, proposing to Rezone the property located at the northwest corner of the intersection of North 4th Street and East Merced Street (Assessor’s Parcel Numbers [APNs] 343-143- 10 & 11) from R-1-7 (One Family Residential, 7,000 square foot lot minimum) to FBC (Form Based Code).
ii) FIND that the project qualifies as an infill project and is therefore exempt from further environmental review pursuant to Public Resources Code Section 21094.5 and California Environmental Quality Act (CEQA) Guidelines Section 15183.3.
Public Works
10 F. Water System Workshop
City Manager
10 G. Approve First Amendment to Police Chief Employment Agreement with Michael Reid
11. STAFF COMMUNICATIONS
12. COUNCILMEMBER REPORTS AND COMMENTS
13. CLOSED SESSION
Government Code Section 94956.9(d)(4)
Conference with Legal Counsel - Anticipated Litigation
4 Deciding whether to initiate litigation
Six potential cases
14. ADJOURN
Next Ordinance No. 2023-09
Next Resolution No. 2678
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, September 1, 2023.
Angela Vasquez, CPMC
City Clerk
5 CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 41698 - 41779 August 16 thru August 31 312,868.10 $ TOTAL ACCOUNTS PAYABLE CHECKS $ 312,868.10
PAYROLL COSTS
First August Bi-Monthly Payroll August 15, 2023 108,188.54 $ Second August Bi-Monthly Payroll August 31, 2023 111,717.48 $ TOTAL PAYROLL COSTS $ 219,906.02 TOTAL CASH DISBURSEMENTS 532,774.12 $
NOTE:
Check #41712 Void Check
CITY OF FOWLER
WARRANTS LIST
September 5, 2023
6 Section 8 A.
SUPERION PAGE NUMBER: 1
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41698 08/16/23 11689 A & C TIRE SERVICE 6200 SERVICE F150 - PW 0.00 84.48 1001 41698 08/16/23 11689 A & C TIRE SERVICE 6200 TIRE SERVICE - PW 0.00 60.00 TOTAL CHECK 0.00 144.48
1001 41699 08/16/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 1,161.51 1001 41699 08/16/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 481.08 1001 41699 08/16/23 10007 ALERT-O-LITE, INC 6200 UNIFORM - MOTA 0.00 37.91 TOTAL CHECK 0.00 1,680.50
1001 41700 08/16/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 6,095.78 1001 41701 08/16/23 14519 AMAZON CAPITAL SERVICES 6260 SUPPLIES - PW 0.00 842.00 1001 41701 08/16/23 14519 AMAZON CAPITAL SERVICES 6260 CREDIT - PW 0.00 -608.40 TOTAL CHECK 0.00 233.60
1001 41702 08/16/23 14557 ARC ALTERNATIVES 7300 SOLAR PROJECT 0.00 751.00 1001 41703 08/16/23 12285 ATT 6170 AT&T INTERSTATE AUG23 0.00 1,105.36 1001 41704 08/16/23 10026 BCT CONSULTING 6170 HELP SERVICE JUL23 0.00 1,500.00 1001 41705 08/16/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 145.00 1001 41706 08/16/23 10025 BUFORD OIL COMPANY 6120 CFN LEADFREE 0.00 130.04 1001 41707 08/16/23 14053 CENTRAL VALLEY GUNS 6120 GUN CLEANING 0.00 173.98 1001 41708 08/16/23 12654 COMCAST 6170 COMCAST VOICE AUG23 0.00 51.28 1001 41709 08/16/23 10104 FPOA 100 EMP DED 08/15/23 0.00 200.00 1001 41710 08/16/23 10124 FRESNO SHERIFF BUS OFFIC 6120 DISPATCHING SVC AUG23 0.00 9,329.08 1001 41711 08/16/23 10141 H & H TIRE SERVICES #3, 6120 TIRE SERVICE 0.00 120.00 1001 41712 V 08/16/23 10965 LAFCO 6010 2023-24 LAFCO 0.00 -5,255.68 1001 41712 08/16/23 10965 LAFCO 6010 2023-24 LAFCO 0.00 5,255.68 TOTAL CHECK 0.00 0.00
1001 41713 08/16/23 13981 LEIST AND ASSOCIATES 6120 IA 230004 0.00 5,747.20 1001 41714 08/16/23 14745 MCCLATCHY COMPANY LLC 6150 ORD 2023-02 ADOPT 0.00 419.56 1001 41714 08/16/23 14745 MCCLATCHY COMPANY LLC 6150 LMD RESO 2659 0.00 1,323.76 TOTAL CHECK 0.00 1,743.32
1001 41715 08/16/23 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORM - MARTINEZ 0.00 944.53 1001 41716 08/16/23 14428 NAVIA BENEFIT SOLUTIONS 6020 COBRA - JUL23 0.00 36.45 1001 41717 08/16/23 14899 P G & E 100 PM #35391167 OVERPMT 0.00 325.50 1001 41718 08/16/23 12384 PITNEY BOWES GLOBAL FINA 6020 LEASE JUN23 0.00 113.66 7 Section 8 A.
SUPERION PAGE NUMBER: 2
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41718 08/16/23 12384 PITNEY BOWES GLOBAL FINA 100 LEASE JUL-AUG23 0.00 227.32 TOTAL CHECK 0.00 340.98
1001 41719 08/16/23 10248 QUALITY PLUMBING 6700 PLUMBING SERVICES 0.00 350.00 1001 41720 08/16/23 10249 QUILL 6020 SUPPLIES - ADMIN 0.00 87.80 1001 41721 08/16/23 10251 R & R AUTO REPAIR SHOP 6120 OIL CHANGE 0.00 89.72 1001 41722 08/16/23 14897 STAHLMAN, ADAM 500 UB REFUND 0.00 4.04 1001 41723 08/16/23 10303 SWANSON-FAHRNEY FORD 6120 OIL CHANGE 0.00 93.19 1001 41724 08/16/23 14144 TREVINO, ANDREW 6400 BAND IN THE PARK 0.00 900.00 1001 41725 08/16/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 62.59 1001 41728 08/17/23 14894 JIM MANNING DODGE, INC 5000 NEW 2023 RAM 1500 REGU 0.00 38,262.56 1001 41729 08/17/23 14894 JIM MANNING DODGE, INC 5000 NEW 2023 DODGE RAM 150 0.00 40,237.18 1001 41730 08/23/23 14813 24/7 PET VET 6270 ANIMAL CARE 0.00 231.30 1001 41731 08/23/23 14900 ADANALIAN PROPERTY MANAG 500 UB REFUND 0.00 49.63 1001 41732 08/23/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 504.50 1001 41732 08/23/23 10007 ALERT-O-LITE, INC 6200 SUPPLIES - STREETS 0.00 912.39 TOTAL CHECK 0.00 1,416.89
1001 41733 08/23/23 14902 ALEXIS FABIAN 100 BL REFUND 0.00 44.00 1001 41734 08/23/23 10026 BCT CONSULTING 6170 HELP SERVICE 8/18/23 0.00 1,500.00 1001 41735 08/23/23 10024 BSK ASSOCIATES 5000 WATER TESTING 0.00 100.00 1001 41735 08/23/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 199.00 1001 41735 08/23/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 370.00 1001 41735 08/23/23 10024 BSK ASSOCIATES 5000 WATER TESTING 0.00 820.00 TOTAL CHECK 0.00 1,489.00
1001 41736 08/23/23 14904 BUDDY LEWIS 6400 BAND - WNAP 0.00 700.00 1001 41737 08/23/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 300.92 1001 41738 08/23/23 14901 CARRASCO, MARIA 500 UB REFUND 0.00 89.50 1001 41739 08/23/23 14702 DAVE'S AUTO SERVICE 6200 SERVICE F350 0.00 1,256.93 1001 41740 08/23/23 10488 FOWLER UNIFIED SCHOOL DI 2040 23-24 CONTRIBUTION 0.00 25,000.00 1001 41741 08/23/23 10376 GARY V BUFKIN COMPUTER C 6160 CONSULTING SERVICES 0.00 5,000.00 1001 41742 08/23/23 14238 INFOSEND, INC 5000 UB MAINT JUL23 0.00 565.60 8 Section 8 A.
SUPERION PAGE NUMBER: 3
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41742 08/23/23 14238 INFOSEND, INC 5000 UB BILLING 07/31/23 0.00 1,254.10 TOTAL CHECK 0.00 1,819.70
1001 41743 08/23/23 14111 KIMBALL MIDWEST 6200 SUPPLIES - STREETS 0.00 255.01 1001 41744 08/23/23 10965 LAFCO 6150 23-24 LAFCO 0.00 5,255.68 1001 41745 08/23/23 12911 MARGO MONTOYA DBA FORCE 6400 BAND - WNAP 0.00 700.00 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6080 128 S. 5TH 8/3/23 0.00 2.58 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 8/3/23 0.00 7.90 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 MERCED/7TH 8/3/23 0.00 10.51 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 MERCED/6TH 8/3/23 0.00 10.51 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 1291 W. SOUTH 8/2/23 0.00 10.51 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 127 S 6TH 8/3/23 0.00 10.51 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 8/3/23 0.00 11.96 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 WALTER/FRES 8/15/23 0.00 14.06 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6080 128 S 5TH 8/3/23 0.00 16.67 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 7TH/TULARE 8/3/23 0.00 26.36 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6700 420 E. MERCED 8/3/23 0.00 31.20 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 420 E. MERCED 8/3/23 0.00 35.28 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 TRACT 5834 8/15/23 0.00 52.77 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 2831 E MANN 8/3/23 0.00 84.87 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 212 E. MERCED 8/3/23 0.00 89.20 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 GLDNST B 8/3/23 0.00 94.56 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 TRACT 5212 8/15/23 0.00 110.81 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 4218 GLDNSTAT 8/3/23 0.00 112.39 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 ADAMS/TEMP 8/15/23 0.00 173.23 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 SOUTH & SUNNY 8/15/23 0.00 181.28 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6260 9TH/MERCED 8/3/23 0.00 243.74 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6260 500 E. MERCED 8/3/23 0.00 328.56 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 5000 TEMP/GOLDN 8/3/23 0.00 822.76 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 LOAN PROG 8/3/23 0.00 941.28 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 8/3/23 0.00 1,095.37 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 8/3/23 0.00 1,963.74 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 5000 ADAMS/5TH 8/3/23 0.00 2,087.16 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 6080 MAIN/5TH 8/3/23 0.00 3,688.48 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 5000 95 E. ADAMS 8/3/23 0.00 7,895.13 1001 41746 08/23/23 10237 P G & E - SACRAMENTO 5000 SESWNW 8/3/23 0.00 16,672.61 TOTAL CHECK 0.00 36,825.99
1001 41747 08/23/23 11880 RJ BERRY JR INC 6260 TRACTOR RENTAL PARKS 0.00 200.00 1001 41747 08/23/23 11880 RJ BERRY JR INC 6200 TRACTOR RENTAL STREET 0.00 200.00 TOTAL CHECK 0.00 400.00
1001 41748 08/23/23 14903 RJ HILL C/O ADANALIAN PR 500 UB REFUND 0.00 81.09 1001 41749 08/23/23 10518 SIGNMAX! 6200 SUPPLIES STREETS 0.00 593.49 1001 41749 08/23/23 10518 SIGNMAX! 6200 SUPPLIES - STREETS 0.00 1,446.75 TOTAL CHECK 0.00 2,040.24
1001 41750 08/23/23 13355 SITE ONE LANDSCAPE SUPPL 6200 SUPPLIES - STREETS 0.00 316.28 9 Section 8 A.
SUPERION PAGE NUMBER: 4
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41751 08/23/23 14358 SPARKLETTS 6020 WATER SERVICE AUG23 0.00 176.65 1001 41751 08/23/23 14358 SPARKLETTS 6120 WATER SERVICE AUG23 0.00 176.65 1001 41751 08/23/23 14358 SPARKLETTS 6020 WATER SERVICE MAY23 0.00 134.43 1001 41751 08/23/23 14358 SPARKLETTS 6120 WATER SERVICE MAY23 0.00 134.43 1001 41751 08/23/23 14358 SPARKLETTS 6120 WATER SERVICE MAY23 0.00 136.11 1001 41751 08/23/23 14358 SPARKLETTS 6020 WATER SERVICE MAY23 0.00 136.12 TOTAL CHECK 0.00 894.39
1001 41752 08/23/23 14145 SUPERION, LLC. 100 MAINT FEE 07/01-10/31 0.00 4,444.29 1001 41752 08/23/23 14145 SUPERION, LLC. 500 MAINT FEE 07/01-10/31 0.00 4,444.30 1001 41752 08/23/23 14145 SUPERION, LLC. 6030 MAINT FEE 11/1-06/30 0.00 13,332.89 1001 41752 08/23/23 14145 SUPERION, LLC. 5000 MAINT FEE 11/1-06/30 0.00 13,332.89 TOTAL CHECK 0.00 35,554.37
1001 41753 08/23/23 10325 TULARE COUNTY JAIL INDUS 6120 PLAQUES 0.00 32.86 1001 41753 08/23/23 10325 TULARE COUNTY JAIL INDUS 6200 PLAQUES 0.00 65.73 TOTAL CHECK 0.00 98.59
1001 41754 08/23/23 13543 UNIFIRST CORPORATION 6020 MATS/MOPS - ADMIN 0.00 52.54 1001 41754 08/23/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 60.07 1001 41754 08/23/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 67.20 1001 41754 08/23/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS - PW 0.00 105.53 1001 41754 08/23/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS - WATER 0.00 105.54 TOTAL CHECK 0.00 390.88
1001 41755 08/23/23 14290 XEROX FINANCIAL SERVICES 6170 LEASE AUG23 0.00 1,515.43 1001 41756 08/30/23 10995 ADT SECURITY SERVICES 6700 SECURITY SYSTEM 0.00 174.61 1001 41757 08/30/23 14519 AMAZON CAPITAL SERVICES 6200 OFFICE SUPPLIES - PW 0.00 18.08 1001 41757 08/30/23 14519 AMAZON CAPITAL SERVICES 6150 SUPPLIES - PLANNING 0.00 43.58 1001 41757 08/30/23 14519 AMAZON CAPITAL SERVICES 6020 EAD SUPPLIES 0.00 112.94 TOTAL CHECK 0.00 174.60
1001 41758 08/30/23 10549 AT&T MOBILITY 6170 FIRSTNET PD JUL23 0.00 887.00 1001 41759 08/30/23 12489 BATTERY SYSTEMS INC 6120 BATTERY - UNIT 10 0.00 177.28 1001 41760 08/30/23 11971 CALPERS 6080 CALPERS RBF 0.00 49.02 1001 41761 08/30/23 12654 COMCAST 6170 ETHERNET SVC JUL23 0.00 698.05 1001 41762 08/30/23 14905 CREEK MANUFACTURING LLC 6200 UNIFORMS - STREETS 0.00 1,274.72 1001 41762 08/30/23 14905 CREEK MANUFACTURING LLC 6200 UNIFORMS - STREETS 0.00 738.68 1001 41762 08/30/23 14905 CREEK MANUFACTURING LLC 6200 UNIFORMS - STREETS 0.00 784.44 TOTAL CHECK 0.00 2,797.84
1001 41763 08/30/23 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 1,826.34 1001 41764 08/30/23 11282 DAWSON MAULDIN CONSTRUCT 500 HYDRANT REFUND 0.00 1,975.76 10 Section 8 A.
SUPERION PAGE NUMBER: 5
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41765 08/30/23 10488 FOWLER UNIFIED SCHOOL DI 6120 FUEL JAN23 0.00 2,111.85 1001 41766 08/30/23 10071 FRESNO COUNTY TREASURER 6120 PARKING FEE JUL23 0.00 11.00 1001 41767 08/30/23 10141 H & H TIRE SERVICES #3, 6120 TIRE SERVICE #25 0.00 130.00 1001 41768 08/30/23 14641 KINGS MEDICAL CENTER, IN 6120 MEDICAL EXAMS 0.00 613.52 1001 41769 08/30/23 13981 LEIST AND ASSOCIATES 6120 IA 230003 0.00 4,344.00 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 112.50 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 156.75 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 157.50 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 270.00 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 653.00 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 701.20 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 1,156.00 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 1,957.50 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 2,493.50 1001 41770 08/30/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JULY23 0.00 3,675.50 TOTAL CHECK 0.00 11,333.45
1001 41771 08/30/23 14906 PLANETBIDS INC 6030 PB SYSTEM 0.00 3,975.00 1001 41772 08/30/23 10249 QUILL 6020 OFFICE SUPP - ADMIN 0.00 33.42 1001 41773 08/30/23 10303 SWANSON-FAHRNEY FORD 6120 OIL CHANGE #25 0.00 93.58 1001 41774 08/30/23 14007 TIRE HUB 6120 TIRES - PD 0.00 822.63 1001 41775 08/30/23 13521 UNITY IT 6170 SERVICE PD 0.00 39.99 1001 41775 08/30/23 13521 UNITY IT 6170 SERVICE PD JUL23 0.00 39.99 1001 41775 08/30/23 13521 UNITY IT 6170 COMPUTER HARDWARE- PD 0.00 596.13 TOTAL CHECK 0.00 676.11
1001 41776 08/30/23 10725 VERIZON WIRELESS 6170 CELL PHONE 7/20-8/19 0.00 97.18 1001 41776 08/30/23 10725 VERIZON WIRELESS 6170 CELL PHONE 7/20-8/19 0.00 346.16 TOTAL CHECK 0.00 443.34
TOTAL CASH ACCOUNT 0.00 267,459.38
TOTAL FUND 0.00 267,459.38
11 Section 8 A.
SUPERION PAGE NUMBER: 6
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 201 - DISTRICT SALES TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41726 08/16/23 14898 ANGEL ARMOR, LLC 2010 BALLISTIC VEST 0.00 1,540.01 1001 41777 08/30/23 14560 PRINT THEORY 2010 SUPPLIES - PD 0.00 831.00 TOTAL CASH ACCOUNT 0.00 2,371.01
TOTAL FUND 0.00 2,371.01
12 Section 8 A.
SUPERION PAGE NUMBER: 7
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 212 - ARPA FUNDING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41727 08/16/23 14433 PRICE PAIGE & COMPANY CP 2120 AUDIT SUPPORT 22-23 0.00 8,237.00 1001 41778 08/30/23 14634 DEWBERRY ARCHITECTS INC 2120 WATER TOWER 0.00 14,021.82 TOTAL CASH ACCOUNT 0.00 22,258.82
TOTAL FUND 0.00 22,258.82
13 Section 8 A.
SUPERION PAGE NUMBER: 8
DATE: 08/30/2023 CITY OF FOWLER ACCTPA21
TIME: 19:46:42 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '41698' and '41779' ACCOUNTING PERIOD: 2/24
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 41779 08/30/23 12060 PETERS ENGINEERING GROUP 2360 GLDN STATE BIKE-PH1 0.00 3,278.89 1001 41779 08/30/23 12060 PETERS ENGINEERING GROUP 2360 GLDN STATE BIKE-PH2 0.00 17,500.00 TOTAL CHECK 0.00 20,778.89
TOTAL CASH ACCOUNT 0.00 20,778.89
TOTAL FUND 0.00 20,778.89
TOTAL REPORT 0.00 312,868.10
14 Section 8 A.
CITY COUNCIL MEETING
TUESDAY, AUGUST 15, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625
MINUTES
1. MEETING CALLED TO ORDER
Mayor Parra called the meeting to order at 6:00 p.m.
2. ROLL CALL
PRESENT:
Daniel Parra
Juan Mejia
Amarjeet Gill
Karnig Kazarian
ABSENT:
Leonard Hammer
CITY STAFF PRESENT:
City Manager Tucker, City Attorney Cross, Assistant City Manager Gaffery, Recreation Supervisor Hernandez, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez
3. APPROVAL OF AGENDA
Change to Agenda:
Invocation lead by Pastor Raul Moreno of Fowler Baptist Church
6. PUBLIC COMMENT
One member of the public spoke.
7. CONSENT CALENDAR
Motion made by Mejia, Seconded by Gill.
Voting Yea: Parra, Kazarian
8. CONTESTED CONSENT CALENDAR
No items were pulled from the consent calendar.
15 Section 8 B.
9. STAFF COMMUNICATIONS
Updates were given by Finance Director Moreno, City Clerk Vasquez, and Assistant City Manager Gaffery.
10. COUNCILMEMBER REPORTS AND COMMENTS
Updates were given by Councilmember Kazarian and Mayor Pro-Tem Mejia.
11. CLOSED SESSION
No action was taken on the closed session item.
12. ADJOURN
Having no further business, the meeting adjourned at 6:43 p.m. 16 Section 8 B.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: ACCEPT Various Donations to the City for Employee Appreciation Dinner
EXECUTIVE SUMMARY
Staff recommend the City Council accept donations from various companies.
BACKGROUND
Per Resolution 1881, donations to the City of $500 or more shall be approved by the City Manager, and then presented to the City Council for acceptance.
Several donations were received to date for the Employees Appreciation Dinner. Donations received that were over $500 are as follow:
Waste Management: $2,500 cash donation and $500 in gift cards and door prizes for a total amount of $3,000;
HealthWise Services: various door prizes with a total value amount of $525; Valley Shredding LLC: two $250 gift cards for door prizes for a total amount of $500; and Worship Centre: various door prizes with a value of over $500. XOBEE: $500 cash donation.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.
FISCAL IMPACT
17 Section 8 C.
Acceptance of these various donations will help offset the City’s cost associated with the employee appreciation dinner.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- None
18 Section 8 C.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: ANGELA VASQUEZ, City Clerk / Human Resources Officer SUBJECT: Actions pertaining to positions authorized in the fiscal year 2023/24 budget, effective October 1, 2023:
i. APPROVE Resolution No. 2671 adopting the salary classification schedule to establish ranges for Fire Captain, Fire Engineer, Firefighter, and Crime Analyst, and to revise the ranges for Planning & Code Enforcement Technician I and Permit Technician.
ii. APPROVE Position Authorization Resolution No. 2672 converting one Accounting Assistant to Accounting Technician, and converting one Records and Property Technician II to Crime Analyst.
EXECUTIVE SUMMARY
The above action creates four new salary classifications (Fire Captain, Fire Engineer, Firefighter, and Crime Analyst), adjusts the salary ranges of two classifications (Planning & Code Enforcement Technician I and Permit Technician), and converts two positions (Accounting Assistant to Accounting Technician, and Records and Property Technician II to Crime Analyst).
The action results in no new full-time positions.
BACKGROUND
The classification and compensation study conducted by Koff & Associates (C&C Study) was completed in August 2021. During the time of the C&C Study and shortly thereafter, the postCOVID labor market continued to adjust. Compensation changes have occurred not only in the benchmark cities identified in the C&C Study, but also in other cities and market segments where the City competes for candidates. In addition, although the benchmark cities reflect a similar size and scope as Fowler, they do not accurately reflect the geography of applicant pools for recent recruitments. Staff continue to review the C&C Study against benchmark city and other local compensation data and anticipate proposing additional changes in the future.
Fire Series
Consistent with Council direction, staff have created job specifications for a Fire Captain, Fire Engineer, and Firefighter. Adding these items to the adopted salary schedule is an important step for forecasting and planning to stand up a City-operated professional fire department when ongoing revenues are sufficient to do so.
19 Section 8 D.
Records and Property Technician II to Crime Analyst
The Records and Property Technician II was created as a part of the C&C Study. In May 2023, City Council approved a full-time Community Service Officer (CSO) position. That position has absorbed some property and evidence functions that better align with the typical duties of a CSO. This has allowed for much-needed redundancy in Police Department non-sworn functions and also capacity for the City to begin undertaking proactive crime analysis for the first time.
Crime Analyst duties typically include mapping calls for service, identifying and understanding trends, and developing predictive tools. A full-time Crime Analyst will allow the Police Department to conduct investigations more effectively, resulting in additional apprehensions, to deploy resources more efficiently, resulting in better service; to address trends more quickly, resulting in a safer community.
Accounting Assistant to Accounting Technician
The accounting series is made up of the Accounting Assistant, Accounting Technician, and Accountant positions. With this action, one full-time Accounting Assistant position would be reclassified to an Accounting Technician position. This will allow for the transition of audit preparation work from consultants to City staff, create training and growth opportunities within the accounting classification series, and create capacity for the Accountant position to perform more analytical and higher-level work. Staff would then also recruit an hourly, part-time, nonbenefited Accounting Assistant position to provide backup support for basic customer contact and utility billing functions.
Planning and Code Enforcement Technician
The Code Enforcement Officer I has been vacant since June 2022. After an unsuccessful search in summer 2022, the position was reclassified to Planning and Code Enforcement Technician in January 2023. Staff extended a job offer to one finalist who ultimately took a position elsewhere. Since the completion of the C&C Study, other cities have adjusted their salary ranges for similar positions and the City of Fowler is no longer competitive in the job market for qualified candidates.
Permit Technician
The Permit Technician was created as a part of the C&C Study. The position provides a wide range of diverse and uniquely complex duties in support of building, current planning, planning commission, and administrative support functions. Since the completion of the C&C Study, staff have reviewed the scope of duties of the Permit Technician and determined the classification is more appropriately compensated, based on required skills and diversity and complexity of duties, at the same range as the Accounting Technician and Administrative Assistant classifications.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act. 20 Section 8 D.
GENERAL PLAN CONSISTENCY
Goal ED-4
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
Policy PF-14
Maintain staffing levels of City emergency service departments, including fire and police.
Policy PF-15
Incorporate new technologies and analytical tools into policing strategies to ensure efficiency of labor force.
FISCAL IMPACT
The fiscal impact of this action is estimated to be approximately $5,000. The estimated amount can be absorbed in the current adopted Fiscal Year 2023/24 budget if these positions are filled during the fiscal year.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2671 and Exhibit A – Salary Classification Schedule - Resolution No. 2672 and Exhibit A – Position Authorization Resolution 21 Section 8 D.
RESOLUTION NO. 2671
A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
ADOPTING SALARY CLASSIFICATION SCHEDULE FOR ALL EMPLOYEES WHEREAS, Government Code Section 36506 requires the City Council, by resolution or ordinance, to fix the compensation for all appointive officers and employees of the city; and WHEREAS, the Salary Classification Schedule attached as Exhibit “A” to this Resolution has been reviewed and considered by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler as follows:
1. The Salary Classification Schedule attached hereto as Exhibit “A” is adopted and shall be effective beginning on October 1, 2023.
2. All prior resolutions concerning the compensation of City employees that are in conflict with this Resolution or the attached Salary Classification Schedule are hereby superseded and replaced by this Resolution and the attached Salary Classification Schedule beginning on October 1, 2023.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
22 Section 8 D.
Effective 10/01/2023 Rev 09/05/2023
MONTHLY PAY
FULL TIME STEP STEP STEP STEP STEP
POSITION/CLASSIFICATION TITLE A B C D E
CITY MANAGER (by contract) - - - - 16,527
ASSISTANT CITY MANAGER 9,945 10,443 10,964 11,513 12,088CITY CLERK 5,921 6,218 6,528 6,854 7,198DEPUTY CITY CLERK/HUMAN RESOURCE OFFICER 5,364 5,632 5,914 6,209 6,520 ACCOUNTANT 4,513 4,739 4,975 5,224 5,485ACCOUNTING ASSISTANT 3,356 3,523 3,699 3,885 4,078ACCOUNTING TECHNICIAN 3,703 3,889 4,084 4,288 4,502ADMINISTRATIVE ASSISTANT 3,703 3,889 4,084 4,288 4,502 BUILDING INSPECTOR I 3,703 3,889 4,084 4,288 4,502
BUILDING INSPECTOR II 4,296 4,510 4,736 4,972 5,221BUILDING OFFICIAL 5,777 6,066 6,368 6,687 7,021 CODE ENFORCEMENT OFFICER I 3,194 3,354 3,521 3,697 3,882 CODE ENFORCEMENT OFFICER II 3,703 3,889 4,084 4,288 4,502PLANNING & CODE ENFORCEMENT TECHNICIAN I 3,796 3,986 4,186 4,395 4,615COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR 8,162 8,570 8,998 9,448 9,921FINANCE DIRECTOR 8,790 9,229 9,690 10,175 10,685FIRE CHIEF 8,575 9,005 9,455 9,927 10,423 FIRE CAPTAIN 6,699 7,035 7,386 7,755 8,143
FIRE ENGINEER 4,860 5,102 5,358 5,626 5,907FIREFIGHTER 4,626 4,856 5,099 5,355 5,622MAINTENANCE ASSISTANT 3,040 3,192 3,352 3,519 3,695 MAINTENANCE WORKER 3,525 3,701 3,887 4,081 4,286SENIOR MAINTENANCE WORKER 3,891 4,086 4,291 4,505 4,730LEAD MAINTENANCE WORKER 5,106 5,361 5,629 5,910 6,206PERMIT TECHNICIAN 3,703 3,889 4,084 4,288 4,502POLICE CHIEF (by contract) - - - - 12,300 POLICE CORPORAL I 5,498 5,773 6,062 6,365 6,683
POLICE LIEUTENANT I 7,039 7,390 7,759 8,148 8,555POLICE OFFICER I 4,742 4,978 5,228 5,489 5,763POLICE OFFICER + 2% POST - INTERMEDIATE 4,837 5,078 5,332 5,599 5,877POLICE OFFICER + 5% POST - ADVANCED 4,978 5,228 5,489 5,764 6,051POLICE SERGEANT I 6,069 6,372 6,691 7,025 7,377POLICE SERGEANT + 2% POST - INTERMEDIATE 6,190 6,500 6,825 7,166 7,525 POLICE SERGEANT + 5% POST - ADVANCED 6,372 6,691 7,025 7,377 7,746 PUBLIC WORKS DIRECTOR 8,790 9,229 9,690 10,175 10,685PUBLIC WORKS SUPERVISOR 5,777 6,066 6,368 6,687 7,021RECORDS AND PROPERTY TECHNICIAN I 2,965 3,114 3,270 3,433 3,605CRIME ANALYST 4,403 4,623 4,854 5,097 5,352RECORDS AND PROPERTY TECHNICIAN II 3,439 3,611 3,791 3,981 4,181COMMUNITY SERVICES OFFICER 3,439 3,611 3,791 3,981 4,181RECREATION AND SENIOR CENTER SUPERVISOR 5,234 5,495 5,770 6,059 6,361WATER OPERATOR IN TRAINING 2,965 3,114 3,270 3,433 3,605WATER OPERATOR I 3,439 3,611 3,791 3,981 4,181WATER OPERATOR II 3,797 3,986 4,185 4,395 4,615LEAD WATER OPERATOR 5,364 5,632 5,914 6,209 6,520
SALARY CLASSIFICATIONS & CORRESPONDING STEPS PER POSITION FISCAL YEAR 2023‐2024
EXHIBIT A
23 Section 8 D.
RESOLUTION NO. 2672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
ESTABLISHING THE NUMBER OF FULL-TIME POSITIONS AUTHORIZED IN THE CITY FOR FISCAL YEAR 2023/2024
WHEREAS, maintaining a Position Authorization Resolution is an essential best practice in municipal budgeting and internal controls; and WHEREAS, the number of full-time positions in which persons may be employed by the City during Fiscal Year 2023/2024 is set forth in Exhibit A of this Resolution; and WHEREAS, that the number of persons employed in full-time positions shall not exceed the total number of authorized positions; and
WHEREAS, a change in the total number of full-time positions authorized in the City shall only be accomplished by Resolution of the Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the number of full-time positions in which persons may be employed by the City during Fiscal Year 2023/2024 is hereby established by this Position Authorization Resolution and shall be as set forth in Attachment A of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
24 Section 8 D.
Classification FTE Primary Dept
City Manager 1.0 Administration
Assistant City Manager 1.0 Comm Dev
City Clerk 1.0 Clerk
Finance Director 1.0 Finance
Accountant 1.0 Finance
Accounting Assistant 1.0 0.0 Finance
Accounting Technician 1.0 Finance
Administrative Assistant 2.0 Finance
Building Official 1.0 Comm Dev
Permit Technician 1.0 Comm Dev
Planning & Code Enforcement Technician I 1.0 Comm Dev
Police Chief 1.0 Police
Police Sergeant 2.0 Police
Police Corporal 2.0 Police
Police Officer 7.0 Police
Community Service Officer I 1.0 Police
Records and Property Technician II 1.0 0.0 Police
Crime Analyst 1.0 Police
Public Works Director 1.0 PW
Public Works Supervisor 1.0 PW
Lead Maintenance Worker 1.0 PW
Maintenance Worker 2.0 PW
Maintenance Assistant 4.0 PW
Lead Water Operator 1.0 PW
Water Operator I 1.0 PW
Water Operator in Training 1.0 PW
Recreation and Senior Center Supervisor 1.0 Senior/Recreation *Full time positions
38.0 City of Fowler
Position Authorization Resolution*
Exhibit A
25 Section 8 D.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2673 Authorizing the City Manager to execute agreements with the United States Department of Transportation for the City of Fowler Reconnecting Communities and Neighborhoods (RCN) Grant Program
EXECUTIVE SUMMARY
The City is seeking funds from the United States Department of Transportation. The resolution is required as part of the award process. Having the resolution completed when submitting an application is advantageous and staff strive to do so whenever possible.
BACKGROUND
The grant application is due September 28, 2023. Staff are preparing an application for the construction of a new underpass. The City is bisected by SR 99, Golden State Boulevard, and the Union Pacific Railroad. This trio of crossings cause a significant disconnect between the primarily-residential west side of the City and the east side where most retail, service, and educational land uses are located. At present, the Merced Street interchange serves as the primary east-west connection across SR 99. The intersection faces significant congestion, especially during peak travel hours in the morning and evening. Additionally, the facilities for alternative transportation options such as walking or biking are lacking. Crossing Golden State Boulevard and the railroad at Merced Street also poses an additional challenge for pedestrians and bicyclists.
The City of Fowler proposes building a new underpass to connect Sumner Avenue with Tuolumne Street, as well as an additional underpass on Tuolumne Street that carries traffic below 8th Street, Golden State Boulevard, and the railroad. The new facilities would have additional alternative transportation infrastructure missing from the Merced Street crossing, including a dedicated bike lane and sidewalks.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act. 26 Section 8 E.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Goal CH-1
Opportunities for physical activity, such as walking and biking are integrates into the built environment.
General Plan Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.
General Plan Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.
General Plan Goal MOB-2
The circulation system is safe, connected, and well-integrated with public transit and neighboring jurisdictions.
General Plan Goal MOB-5
Safe, well-designed, multi-modal connections exist across State Route 99, Golden State Boulevard, and the Union Pacific Railroad.
General Plan Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.
FISCAL IMPACT
Grant awards allow the City to provide additional new infrastructure and additional services to the residents of Fowler.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2673
27 Section 8 E.
RESOLUTION NO. 2673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
UNITED STATES DEPARTMENT OF TRANSPORTATION FOR THE CITY OF
FOWLER RECONNECTING COMMUNITIES AND NEIGHBORHOODS (RCN)
GRANT PROGRAM
WHEREAS, the City Council of the City of Fowler is eligible to receive Federal funding for certain transportation related projects through the United States Department of Transportation; and
WHEREAS, the City Council of the City of Fowler is in support of the grant application to the United States Department of Transportation for the City of Fowler Reconnecting Communities and Neighborhoods (RCN) program to provide an underpass connecting the east and the west side of the city allowing for additional alternative transportation infrastructure missing from the Merced Street crossing, including a dedicated bike lane and sidewalks; and WHEREAS, a grant agreement and other documents may need to be executed with the United States Department of Transportation before such funds can be reimbursed through the Reconnecting Communities and Neighborhoods (RCN) grant program; and WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute these agreements and any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is authorized to execute all grant agreements and other documents and any amendments thereto related to the United States Department of Transportation for the City of Fowler Reconnecting Communities and Neighborhoods (RCN) program.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
28 Section 8 E.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: Award CML 5173 (034) Fowler Avenue Sidewalks Project in the amount of $115,700 to JT2, Inc. DBA Todd Companies.
EXECUTIVE SUMMARY
Staff recommend the City Council award the CML 5173 (034) Fowler Avenue Sidewalks Project and authorize the City Manager to enter into an agreement with JT2, Inc., DBA Todd Companies, to construct the project in the amount of $115,700.00. The project includes construction of an asphalt sidewalk on the west side of Fowler Avenue from approximately 500 feet south of Fresno Street to the southwest corner of Fresno Street and Fowler Avenue. The project includes a new ADA compliant ramp at this corner, as well as a new crosswalk.
BACKGROUND
On July 11, 2023, the City received one responsive bid for the CML 5173 (034) Fowler Avenue Sidewalks Project. The project proposes the installation of new asphalt sidewalk, ADA ramp, signage and striping. The bid received was for $115,700. The Engineer’s Estimate for the project was $95,925.
JT2, Inc, DBA Todd Companies is based in Visalia, California and has a current and active Class A, General Engineering license in the State of California.
Attached is the summary of the responsive bid received.
Staff consulted Caltrans Local Assistance regarding only receiving one responsive bid. Local Assistance required the City to provide an Exhibit 12-F (Cost Effectiveness/Public Interest Finding) for their review. This form was reviewed by the City Attorney and approved by Local Assistance on August 24, 2023, and is attached for reference.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
Caltrans prepared a NEPA determination and found that the project was categorically exempt in accordance with 23 CFR 771.117 (c): activity c (3).
For CEQA, the Notice of Exemption document has been posted to the State Clearinghouse.
This project is exempt under Categorical Exemption Class: 3; 14 CCR 15301 (c). 29 Section 8 F.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Policy MOB-11
Ensure street and road projects are adequately designed to accommodate safe and convenient pedestrian and bicyclist access.
FISCAL IMPACT
$111,800 of the construction cost is funded by a CMAQ Federal Grant. The remaining $3,900 is funded by Measure C funds.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Bid Summary
- Agreement
- Signed Exhibit 12-F
30 Section 8 F.
Bid Schedule 1
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount 1 1 LS Molbilization ($15,000 Maximum) $15,000.00 $15,000.00 $15,000.00 $15,000.00 2 1 LS Traffic Control $9,000.00 $9,000.00 $6,000.00 $6,000.00 3 1 LS Dust Control $5,000.00 $5,000.00 $500.00 $500.00 4 1 LS Clearing and Grubbing $15,000.00 $15,000.00 $12,310.00 $12,310.00 5 100 TN AC Path $150.00 $15,000.00 $250.00 $25,000.00
6 1 EA ADA Curb Ramp $6,000.00 $6,000.00 $6,700.00 $6,700.00 7 135 SF Stamped Concrete $25.00 $3,375.00 $57.00 $7,695.00 8 1 EA Adjust Storm Drain Manhole $2,500.00 $2,500.00 $3,500.00 $3,500.00 9 135 SF HMA Type "E" Dike $30.00 $4,050.00 $97.00 $13,095.00 10 1 LS Traffic Striping, Pavement Markings & Pavement
Markers $6,000.00 $6,000.00 $5,900.00 $5,900.00
11 1 LS Miscellaneous Facilities $15,000.00 $15,000.00 $20,000.00 $20,000.00 TOTAL BASE BID $95,925.00 $115,700.00
CITY OF FOWLER - Fowler Avenue Sidewalks Project
BID SUMMARY - 07/11/2023
#1
Engineer's Estimate Todd Companies
31 Section 8 F.
AGREEMENT
THIS AGREEMENT made at Fowler, in Fresno County, California, by and between JT2, INC., DBA TODD COMPANIES. hereinafter called the Contractor, and the City of Fowler hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for:
FOWLER AVENUE SIDEWALKS
CML 5173 (034)
all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and other contract documents relating thereto.
ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement including Appendix A (wage rates) and Appendix B (Form 1273), form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated.
All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth. No part of said Special Provisions which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of One hundred Fifteen Thousand Seven Hundred ($115,700) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached.
Payments on account thereof will be made as set forth in the Special Provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice thereof 32 Section 8 F.
upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.
The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.
ARTICLE V. With respect to any work required to be done under this contract, the Contractor will indemnify and hold harmless the City of Fowler, Peters Engineering Group, the UNITED STATES OF AMERICA and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes of action, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, his subcontractor or anyone directly or indirectly employed by him; and the Contractor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any such suit, action or other legal proceedings.
The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as follows:
a. Bodily Injury Liability $1,000,000 $1,000,000
Each person Each
occurrence
Property Damage Liability $1,000,000 $1,000,000
Each person Aggregate
b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:
$1,000,000, Each occurrence, $1,000,000, Aggregate
Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain the so-called "x", "c" or "u" exclusions.
The Certificate of Insurance shall further provide that ten days notice of cancellation or reduction in coverage shall be given the Owner.
33 Section 8 F.
An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and employees of the above, shall also be furnished in triplicate.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure shall be provided the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.
ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful
ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be documented and processed on the standard change order form.
IN WITNESS WHEREOF, they have executed this Agreement this day of _____________________, 20____.
City of Fowler
(Owner) (Contractor)
By:
Wilma Tucker, City Manager (Taxpayer Federal I.D. No.)
ATTEST:
By:
Angela Vasquez, City Clerk
Title
34 Section 8 F.
Jim Perrault 8/24/23
35 Section 8 F.
36 Section 8 F.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: ADOPT Resolution No. 2674 approving the final map for Tract 6405 accepting on behalf of the public streets and easements as offered on the map in accordance with the terms of the dedications and authorize the City Manager to execute the Subdivision Agreement on behalf of the City.
EXECUTIVE SUMMARY
The applicant, K. Hovnanian Homes Northern California, Inc., a California Corporation is proposing to develop a 70-lot subdivision to build out the remaining lots in the southwest corner of South Avenue and Sunnyside Ave intersection. This action will accept the public streets and easement in accordance with the Final Map for Tract 6405; authorized the City Engineer to transmit the Final Map of Tract 6405 and associated documents to the Fresno County’s Recorder Office for recording; and authorize the City Manager to execute the Subdivision Agreement on behalf of the City.
BACKGROUND
The applicant, K. Hovnanian Homes Northern California, Inc., a California Corporation is proposing to develop a 70-lot subdivision to build out the remaining lots in the southwest corner of South Avenue and Sunnyside Ave intersection.
The applicant has complied with the conditions of approval of the approved tentative map.
A subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which have been submitted to the City. The subdivision agreement also establishes that the development fees must be paid to the City prior to the issuance of Building Permits.
The applicant has submitted the public improvement plans and the final map to the City, both of which have been reviewed and approved by the City Engineer. The Council is required by law to accept the final map unless they can site deficiencies in the final documents. 37 Section 8 G.
The applicant has paid development inspection fees as described above and in accordance with City fee resolutions. These fees will provide for review costs by the City and other capital improvement requirements.
Following acceptance of this map by the City, the City Engineer shall deliver the final map and subdivision agreement to the Fresno County Recorder for recordation.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
Policy CDES-26
Single family residential projects shall be designed in a way such that they enhance Fowler’s character.
FISCAL IMPACT
No impact to general funds. Inspection and City Review fees are offset by development fees collected from the applicant.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2674
- Subdivision Agreement for Tract No. 6405
- Final Map of Tract 6405
38 Section 8 G.
RESOLUTION NO. 2674
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER APPROVING FINAL TRACT MAP NO. 6405 AND ACCEPTING STREET
DEDICATION AND EASEMENTS
WHEREAS, K. Hovnanian Homes Northern California, Inc., a California Corporation, the Owner and Subdivider, has presented to the City Council of the City of Fowler, a Municipal Corporation, a Final Map of Tract No. 6405 for approval by the City Council; and WHEREAS, the City Engineer has verified that all of the provisions of the Subdivision Map Act and of Chapter 4, “Subdivisions,” of the Fowler Municipal Code have been complied with, and that said Final Map is substantially the same as the Tentative Map thereof, as previously approved by the City Council and Planning Commission; and WHEREAS, certain streets to be developed in Tract Map No. 6405 have been offered for dedication to the City of Fowler; and
WHEREAS, the Fowler Subdivision Ordinance requires that street dedications and easements be accepted by the City Council; and
WHEREAS, the City Council also determined that it would be in the best interests of the City at this time to accept the streets and easements offered for dedication on the Final Tract Map No. 6405; and
WHEREAS, the City Council hereby authorizes the City Manager to enter into the Subdivision Agreement, which has been previously executed by the Subdivider, related to the construction of public improvements associated with the subdivision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that some action has been taken.
PASSED, APPROVED AND ADOPTED this 5th day of September 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, Deputy City Clerk
39 Section 8 G.
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"Building a World!"
56 Section 8 G.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: Actions pertaining to the water rate study and formation of citywide community facilities district:
i. APPROVE the Second Amendment to the Agreement with DTA Finance in the amount of $14,307, for a total contract amount of $90,947, and authorize the City Manager to execute the Second Amendment. ii. APPROVE Resolution No. 2676 adopting a budget amendment in the amount of $14,307.
EXECUTIVE SUMMARY
This action will allow DTA Finance Staff to prepare an additional water rate study iteration based on the July 18, 2023 City Council direction.
BACKGROUND
On February 1, 2022, City Council approved an Agreement in the amount of $68,500 with DTA Finance for a water rate study and formation of citywide community facilities district. On July 18, 2023, City Council approved a First Amendment to the Agreement which increased the contract amount to $76,640. Additionally, at the same meeting, City Council considered the latest water rate structure proposal presented by DTA Finance. After considering the proposal, City Council provided direction to revise the rate structure by increasing the residential base rate water usage allowance and evaluating options to make commercial and industrial rates more competitive with neighboring jurisdictions. This Second Amendment will allow DTA Finance to perform the necessary revisions to propose a different residential & industrial rate structure as requested.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act. 57 Section 8 H.
GENERAL PLAN CONSISTENCY
General Plan Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
General Plan Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.
General Plan Policy PF-17
Continue to establish development fees and user rates that are sufficient to operate, maintain, and upgrade (for current and future regulatory requirements) the City’s water, wastewater, and stormwater infrastructure.
FISCAL IMPACT
The Amendment would result in an additional $14,307 for the added project scope and increase the total contract amount to $90,947. The project is funded through the Water Department.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Second Amendment
- First Amendment (July 18, 2023)
- Professional Services Agreement (February 1, 2022)
- Resolution No. 2676
58 Section 8 H.
SECOND AMENDMENT TO THE FEBRUARY 1, 2022 PROFESSIONAL SERVICES
AGREEMENT FOR WATER RATE STUDY AND COMMUNITY FACILITIES DISTRICT
FORMATION BETWEEN THE CITY OF FOWLER AND DAVID TAUSSIG AND ASSOCIATES, INC. DBA DTA
A. The City of Fowler (“City”) desires modifications to the services beyond the scope of the Professional Services Agreement for water rate study and community facilities district formation services dated February 1, 2022 (“Agreement”).
B. The total amount to be paid by the City to David Taussig and Associates, Inc. dba DTA as stated in Section 4 of the Agreement was originally Sixty-Eight Thousand Five Hundred Dollars ($68,500) which was subsequently increased to an amount not to exceed Seventy-Six Thousand and Six Hundred Forty Dollars ($76,640) with the first amendment on July 18, 2023. The total amount to be paid pursuant to the Agreement is hereby revised to an amount not to exceed Ninety Thousand and Nine Hundred Forty-Seven ($90,947).
C. An additional scope of work is authorized for David Taussig and Associates, Inc. dba DTA to furnish, on a time and materials basis, an additional iteration of the water rate structure.
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 September 5, 2023.
DAVID TAUSSIG AND CITY OF FOWLER
ASSOCIATES, INC.
DBA DTA
__________________________
David Taussig Wilma Tucker
President City Manager
Date: Date:
5000 Birch Street, Suite 3000 128 South 5th Street
Newport Beach, CA 92660 Fowler, CA 93625
(800) 969-4382 (559) 834-3113
59 Section 8 H.
60 Section 8 H.
CITY OF FOWLER
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and David Taussig and Associates, Inc. dba DTA ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on February 1, 2022 ("Effective Date").
RECITALS
A. City desires to obtain water rate study and community facilities district formation services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.
C. City desires to retain Consultant, and Consultant desires to provide the City with the 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 Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until June 30, 2024 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.
4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement on a “time-and-materials” basis according to rate(s) set forth in Exhibit A. The total amount paid by City to Consultant for the Services shall not exceed sixty eight thousand five hundred dollars ($68,500).
The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.
61 Section 8 H.
2 5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.
Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.
6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant 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. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.
7. [Reserved]
8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.
11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement. Notwithstanding the above, computer 62 Section 8 H.
3 software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.
Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.
12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
13. [Reserved]
14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant 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, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.
15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
16. City Right to Employ Other Consultants. This Agreement and performance of the Services are nonexclusive and City reserves the right to employ other consultants 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 ten (10) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant 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 Consultant’s failure to perform in accordance 63 Section 8 H.
4 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, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever. e. Non-Appropriation; Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year. If, during the term of this Agreement, or any renewal term, as applicable, the City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination of the Agreement under this section, the City shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, the City shall have the option to either terminate this Agreement with no liability to the City or offer an amendment to the Consultant to reflect the reduced amount. The City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.
18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.
19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the 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. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business 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 Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant. 64 Section 8 H.
5 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 seventy-two (72) hours after deposit.
23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
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. [Reserved]
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 Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.
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.
65 Section 8 H.
6 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. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement.
Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.
34. Licensing. Consultant shall also obtain and maintain a City of Fowler Business License prior to commencing performance of the Services.
35. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the Labor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below. 66 Section 8 H.
67 Section 8 H.
8 EXHIBIT A
Scope of Services
68 Section 8 H.
9 EXHIBIT B
Insurance Requirements
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant 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 Consultant’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. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 69 Section 8 H.
10 (ii) 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.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing 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 Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 70 Section 8 H.
RESOLUTION NO. 2676
A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR ADDITIONAL COST
RELATED TO THE WATER RATE STUDY
WHEREAS, the FY 2023/2024 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2023/2024 Annual Budget was approved by the City Council on June 06, 2023 by Resolution 2645, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto specifies the details of the proposed appropriations for the water rate study; and NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2023/2024 budget be amended to reflect the amount as described in the attachment hereto.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
71 Section 8 H.
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:
500 Fund Balance $14,307
Appropriations:
500-5000-5710 Improvements-Water $14,307
Reason(s) for Budget Amendment:
To align the expenses and revenues to the 2023/2024 budget, staff is requesting a budget amendment to appropriate funding for an additional iteration of the water rate study by DTA Finance.
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 2676
72 Section 8 H.
CITY COUNCIL SPECIAL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: MICHAEL REID, Police Chief
SUBJECT: ACTIONS pertaining to the design of the David T. Cardenas Senior Center and Police Headquarters:
1. APPROVE a First Amendment in the amount of $150,632 to the agreement with Dewberry Architects, Inc., for a total amount of $680,376.
2. APPROVE Budget Resolution No. 2677 in the amount of $150,632.
EXECUTIVE SUMMARY
On February 1, 2022, the Fowler City Council approved a $530,376 agreement with Dewberry to design a police department, community center, and training center in Fowler. As the scope and size of the building has evolved, Dewberry has and will incur additional costs to complete this scope of work. After extensive negotiations, staff believe this amount is reasonable and recommend approval.
BACKGROUND
In late 2021, the City solicited a request for qualifications for firms to provide police department, community center, and training center design and planning services. Several firms expressed interest and ultimately two proposals were received. During the review process, the second proposer removed themselves from further consideration. Staff conducted an interview and site visit with Dewberry and determined based on their performance during the process, and experience with similar projects, selected Dewberry to perform the scope of work.
On February 1, 2022, the Fowler City Council approved a $530,376 agreement with Dewberry to design and provide planning services for a police department, community center, and training center in Fowler. Dewberry began their due diligence by meeting with the Police Department and Senior Center staff to begin programming the design and functionality of the building. Initial programming by July 2022 had the Police Department designed at 13,413.92 square feet.
In August 2022, the newly appointed Police Chief began familiarizing himself with the project by reviewing the written documents that had been produced as well as the current design elements. In working with Dewberry and changing some of the interior layout of the police headquarters, the city was able to design a more functional workspace that could accommodate 73 Section 8 I.
future growth and meet the current needs of the Department. As a result, the floorplan of the Police Department was reduced to 10,539 square feet. At Dewberry’s estimated construction cost of $1,200 per square foot, this represents a potential savings for the city of nearly $3.45 million dollars. The total square footage of the David T. Cardenas Senior Center and Police Headquarters as it is presently designed is 16,486.
Based on the finalized floor plan, Dewberry was able to develop elevations and exterior designs which were presented to residents, City Council, and Staff to determine the final design. On March 6, 2023, Dewberry presented these findings to the City Council and the craftsman design was approved.
Based on the increased size and scope of the now-approved design, Dewberry requested an increase in their contract amount proportional to the increase in the scope of work needed to complete the engineering and design of the building for not only the Dewberry architects but for the sub engineers that have been working on the project. Dewberry has also requested that $61,102.00 from the original February 2, 2022, contract which was designated for construction management service be reallocated by Dewberry to design and engineering costs for this project as detailed in Attachment A-Scope of Work.
Dewberry has assured the City of Fowler they are still able to complete the planning, design, and engineering work for this project, and deliver approved plans and construction documents needed to advertise a construction bid in early 2024.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).
At this time, the City Council is not taking any action that would constitute approval of a Project.
The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).
74 Section 8 I.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Policy PF-8
Provide City departments with adequate office and building space for employee workspace and equipment storage.
General Plan Policy PF-10
Form proactive community partnerships that develop responsible ownership for public safety in Fowler, inform the public in how they can improve their personal safety; use a preventative approach that is issue-oriented; support innovative approaches to problem-solving; establish mutual trust and communication among Police Services staff and the community; and provide positive role models and values through activities in the neighborhoods and community as a whole.
FISCAL IMPACT
The fiscal year 2022-23 budget included a $135,000 appropriation from Police Impact Fees for this Agreement. The fiscal year 2023-24 budget included a $3,200,000 appropriation from Measure N funds, $450,000 appropriation from Police Impact Fees, $1,030,000 appropriation from Parks Impact Fees, $125,000 appropriation from General Services Impact Fees, and $4,000,000 from AB178 State of CA Arambula allocation for this Agreement. A mid-year budget adjustment will include an allocation for this First Amendment.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- First Amendment
- Dewberry Scope of Work dated August 29, 2023
- Resolution No. 2677
- Professional Services Agreement Dated February 1, 2022 75 Section 8 I.
FIRST AMENDMENT TO THE AGREEMENT FOR THE DESIGN OF THE POLICE HEADQUARTERS AND SENIOR CENTER DATED FEBRUARY 1, 2022
BETWEEN THE CITY OF FOWLER AND DEWBERRY ARCHITECTS, INC.
A. The City of Fowler (“City”) desires modifications to the products and services beyond the scope of the Agreement for the Design of the Police Headquarters and Senior Center, dated February 3, 2022. (“Agreement”).
B. The June 30, 2024, Agreement termination date as stated in Section 3 of the Agreement will also be the termination date for the first amendment.
C. The total amount paid by the City to Dewberry Architects, Inc., as stated in Section 4 of the Agreement is currently listed as five hundred thirty thousand, three hundred seventy-six dollars ($530,376). The total amount to be paid pursuant to the Agreement is hereby revised to an amount not to exceed six hundred eighty-one thousand, eight dollars ($681,008).
D. An additional scope of work as further described in EXHIBIT A, authorizes Dewberry Architects, Inc., to additional architecture and engineering services for the design of the David T. Cardenas Senior Center & Police Headquarters due to an increase in project size. EXHIBIT A shall become a substantive part of the Agreement.
E. 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 September 5, 2023.
CONSULTANT CITY OF FOWLER
__________________________
Erica Nelles Wilma Tucker
Senior Principal City Manager
Date: Date:
Consultant City
Dewberry Architects Inc., 128 South 5th Street
1760 Creekside Oak Drive, Suite 280 Fowler, CA 93625
Sacramento, CA 95833 (559) 834-3113
(916) 239-7244
Erica Nelles
Digitally signed by Erica Nelles
DN: C=US,
[email protected],
OU=Dewberry Architects Inc.,
CN=Erica Nelles
Date: 2023.08.31 11:48:45-04'00'
76 Section 8 I.
Contract Amendment
This is an amendment to the scope of work outlined in Attachment A of the original agreement dated February 3, 2022 and executed/signed on February 22, 2022 for architectural and engineering service for a total fee in the amount of $530,376.00 (Five Hundred Thirty Thousand, Three Hundred and Seventy-Six Dollars). The amendment is for additional architecture and engineering services for the design of the David T. Cardenas Senior Center & Police Headquarters due to an increase in project size from the original contract of approximately 7,500-8,500 square feet to its current size of approximately 16,167 square feet.
This amendment removes and reallocates the construction administration services for $61,102.00 (SixtyOne Thousand One Hundred Two Dollars) to the initial design phase services of the project and adds an additional $150,632.00 (One Hundred Fifty Thousand Six Hundred Thirty-Two Dollars) to the contract for additional design phase services.
The total amended contract compensation amount for this revised scope is $681,008.00 (Six Hundred Eighty-One Thousand Eight Dollars).
Project Description
The project is defined as a new, combined senior center and police headquarters located on the former site of the Edwin Blayney Senior Center. (See attached site plan/floor plan exhibit) Site Description
This site is located on the corner of North 3rd Street and East Merced Street and is approximately 1.0 acres in size. Following the planned demolition of the site and existing facility by the City of Fowler, this project will include the new police headquarters and senior center, secured police and staff parking lot with approximately 23 vehicle parking spaces, new civic plazas along North 3rd Street and East Merced Street, generator/electrical equipment screened enclosure, K-9 kennel enclosure, security fencing and gates around the parking lot, and monument sign. Per discussions with the City of Fowler, the new building footprint will follow the 15’ building setback along East Merced Street but will be allowed to encroach into the 15’ setback on the North 3rd Street side but still remaining clear of the 10’ landscape setback.
Facility Description
The new facility includes approximately 10,520 square feet for the police headquarters (which includes 1,436 square feet of public space including a community room and public lobby) and an additional 5,647 square feet for the senior center functions. Spaces included as follows:
Public Spaces
Lobby
Community Room
Citizen’s Room
Restrooms
Police Headquarters
Administration Offices
Investigations Division
Records Division
Patrol Division
77 Section 8 I.
Evidence and Property Division
Support Spaces
Senior Center
Reading Room
Senior Center Multi-use Room
Kitchen
Staff Offices and Support Spaces
Restrooms
Architectural and Engineering Services
The following architectural and engineering services are included in the scope of work as described above, as outlined in the milestone project below and as follows:
Programming, concept design
Community engagement and outreach
Architectural design services including Schematic Design, Design Development, Construction Documents, and Approval/Bid Documents
Structural design to meet the Essential Services Buildings Seismic Safety Act Mechanical, electrical, and plumbing (MEP) design
Site Survey and civil engineering design including SWPPP documents Cost estimation services for multiple phases including Conceptual Design, Schematic Design, 50% Design Documents, and 95% Design Documents
Exclusions
The following items are excluded from the scope of work or provided by the City of Fowler:
Improvements to the existing alley behind the facility other than necessary reconstruction of the alley due to construction activities associated with the new facility construction. Improvements to North 3rd Street and East Merced Street other than curb new curb cuts as required for the new facility design for roadway entrances and site accessibility. On-site stormwater retention or detention (not needed for the project site per the City of Fowler) Utility coordination for services to the site including but not limited to electrical, water, stormwater/sanitary sewer, gas, data/phone/cable service. The City of Fowler is responsible for coordinating and obtaining services to the site. Any design services associated with improvements required by the utility companies are excluded from this contract. Geotechnical and testing services (to be contracted directly by the City of Fowler). Signage (other than code required signage, building signage, dedication plaque, and monument signs)
Building demolition and/or building demolition plans
Design services related to Furniture, fixtures, and equipment (FF&E) including movable furniture, fixtures, or other equipment that have no permanent connection to the structure of a building including but not limited to desks, chairs, computers, electronic equipment, tables, bookcases, and partitions. Dewberry will coordinate with vendors for required infrastructure including power and data.
Construction administration services (to be considered following the project bid) Commissioning Services for MEP systems during construction administration (to be contracted directly by the City of Fowler).
78 Section 8 I.
Anticipated Milestone Project Schedule
Task/Milestones
Original Invoice
Amount
Reallocation of
CA Phase
Additional
Services
Request
Updated
Invoice Amount
1 Kick-off Meeting/
Visioning
Completed
2 Assessment/
Programming $51,430 $0 $51,430
Completed
3 Space Needs/
Concept Design $69,264 $0 $69,264
Completed
4 SD/DD Design Phase $92,586 $61,102 $48,482 $202,170
9/29/2023 (SD)
10/27/2023 (DD)
5 Prelim. Construction
Docs $147,399 $60,323 $207,722
12/22/2023
6 Final Construction
Docs $53,190 $21,020 $74,210
1/19/2024
7 Permit (Bid Docs) &
Approval Docs $55,405 $20,807 $76,212
2/8/2024
8 Construction Admin
Phase (TBD) $61,102 -$61,102 TBD
Spring 2024 $530,376 $0 $150,632 $681,008
Billing Schedule
79 Section 8 I.
DN
REF. REF.
REF.
REF. REF.
33 333
REF.
DN
REF. REF.
REF.
REF. REF.
33 333
REF.
DN
REF. REF.
REF.
REF. REF.
33 333
REF.
1 1
2 2
3 3
4 4
6.2 6.2
A A
C C
D D
E E
F F
G G
I I
3.2 3.2
5 5
H H
B B
6 6
1 1
2 2
3 3
4 4
6.2 6.2
A A
C C
D D
E E
F F
G G
I I
3.2 3.2
5 5
H H
B B
6 6
1 1
2 2
3 3
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A A
C C
D D
E E
F F
G G
I I
3.2 3.2
5 5
H H
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6 6
NOT FOR CONSTRUCTION
PRELIMINARY DOCUMENTS
6 A
1 2 3 4 5
B
C
D
E
F
SCALE
APPROVED BY
CHECKED BY
SHEET NO.
TITLE
DRAWN BY
DATE
PROJECT NO.
REVISIONS
SEAL
KEY PLAN
8/29/2023 10:09:46 AM
GROSS AREA
Author
Checker
Approver
2023/03/09
00000000
DAVID T. CARDENAS SENIOR CENTER & POLICE
HEADQUARTERS
City of Fowler
50% Schematic Design
108 N 3rd Street
Fowler, CA 93625
Dewberry Architect Inc.
1760 Creekside Oaks Dr #280
Sacramento,CA,95833
916.239.7244
AD114
NO. DESCRIPTION DATE
1 Scale: 1/16" = 1'-0"
FIRST FLOOR OVERALL GROSS AREA 2 Scale: 1/16" = 1'-0"FIRST FLOOR PUBLIC AREA 3 Scale: 1/16" = 1'-0"
FIRST FLOOR OVERALL GROSS AREA_SEPERATED
OVERALL GROSS
AREA: 16167SF
PUBLIC AREA: 1436 SF
SENIOR CENTER GROSS AREA:
5647 SF
POLICE STATION GROSS AREA:
10520 SF
80 Section 8 I.
RESOLUTION NO. 2677
A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR $150,632 FOR DEWBERRY ARCHITECTS INC., TO PROVIDE ADDITIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE DESIGN OF THE DAVID T. CARDENAS SENIOR CENTER AND POLICE HEADQUARTERS.
WHEREAS, the FY 2023/2024 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2023/2024 Annual Budget was approved by the City Council on June 06, 2023, by Resolution 2645, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto for additional architecture and engineering services for the design of the David T. Cardenas Senior Center & Police Headquarters due to an increase in project size from the original contract.
NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2023/2024 budget be amended to reflect the $150,632 as described in the attachment hereto.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
81 Section 8 I.
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:
201 Fund Balance $150,632
Appropriations:
201-2010-5220 Professional Services $150,632
Reason(s) for Budget Amendment:
To align the expenses and revenues to the 2023/2024 budget, staff is requesting a budget amendment to appropriate funding for for additional architecture and engineering services for the design of the David T. Cardenas Senior Center & Police Headquarters due to an increase in project size from the original contract.
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 2677
82 Section 8 I.
CITY OF FOWLER
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Dewberry Architects Inc. ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on February 1, 2022 ("Effective Date").
RECITALS
A. City desires to obtain police department, community center, and training center design and planning services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.
C. City desires to retain Consultant, and Consultant desires to provide the City with the 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 Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until June 30, 2024 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.
4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement on a “time-and-materials” basis according to rate(s) set forth in Exhibit A. The total amount paid by City to Consultant for the Services shall not exceed five hundred thirty thousand, three hundred seventy-six dollars ($530,376).
The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt 83 Section 8 I.
2 of invoice.
5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.
Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.
6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant 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. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.
7. [Reserved]
8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.
11. Ownership and Inspection of Documents. Upon payment in full of all amounts due to Consultant by the City, all data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product for the Project as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. 84 Section 8 I.
3 Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement. Any reuse, modification, or derivative work prepared by a third party to the Work Product shall be done at City’s sole risk and without any liability to Consultant.
12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
13. [Reserved]
14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant 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, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.
15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
16. City Right to Employ Other Consultants. This Agreement and performance of the Services are nonexclusive and City reserves the right to employ other consultants 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 ten (10) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant 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 Consultant’s failure to perform in accordance 85 Section 8 I.
4 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, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever. e. Non-Appropriation; Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year. If, during the term of this Agreement, or any renewal term, as applicable, the City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination of the Agreement under this section, the City shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, the City shall have the option to either terminate this Agreement with no liability to the City or offer an amendment to the Consultant to reflect the reduced amount. The City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.
18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.
19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the 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. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business 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 Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant. 86 Section 8 I.
5 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 seventy-two (72) hours after deposit.
23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
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. [Reserved]
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 asthough 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 Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.
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.
87 Section 8 I.
6 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. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement.
Remedy for non-compliance or non-performance shall commence within two business days of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.
34. Licensing. Consultant shall also obtain and maintain a City of Fowler Business License prior to commencing performance of the Services.
35. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the Labor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below. 88 Section 8 I.
89 Section 8 I.
8 EXHIBIT A
Scope of Services
90 Section 8 I.
Dewberry Architects, Inc.
1760 Creekside Oaks Drive, Suite 280
Sacramento, CA 95833
December 20, 2021
Thomas W. Gaffery IV
Community Development Director
City of Fowler
559.834.3113 x103
RE: City of Fowler
Police Headquarters
Fee Proposal – Rev. 2
Dear Mr. Gaffery,
Dewberry Architects Inc. is pleased to submit the following revised Scope of Services, Fee Proposal, and milestone schedule for the City of Fowler Police Headquarters. At your convenience, please review the enclosed Scope of Work, hourly rates, and labor hours for programming and concept design, schematic design and community engagement, construction documents, and construction administration.
We understand the scope of work for this project to include site and architectural design for a new police headquarters and an attached senior center. We propose a lump sum fee of $530,376 (Five Hundred Thirty Thousand, Three Hundred and Seventy Six Dollars) based on the attached table (line item scope for design services). We have included work for:
• Programming, concept design, architectural design,
• Community engagement and outreach via Project Website • Structural design to meet Essential Services Buildings Seismic Safety Act, • Mechanical and plumbing design,
• Electrical engineering,
• Site survey and civil engineering,
• Hazardous materials testing.
Feel free to contact me with any questions, and to discuss the next steps moving forward. We look forward to working together with you on this project.
Regards,
Dewberry Architects Inc.
Will Oren, AIA,
Senior Project Architect
Cc:
- File
- Larry Hlavacek, Principal
- Erica Nelles, Principal
Exhibit A -- Page 1 of 62
91 Section 8 I.
Mr. Thomas Gaffery IV
Architectural Services Fowler PD
December 20, 2021
DEWBERRY AGREEMENT #:
TASK ORDER #TBD
Milestone Project and Anticipated Billing Schedule
Please refer to the attached detailed schedule.
1. Kickoff meeting, Visioning Workshop
a. 2/8/2022
2. Assessment and Programming Complete
a. 3/25/2022
b. Invoice amount: $51,430
3. Space needs report & Conceptual Design Options
a. 4/22/2022
b. Invoice amount: $ 69,264
4. Design Development Phase Complete
a. 6/13/2022
b. Invoice amount: $92,586
5. Prelim Construction Documents
a. 7/18/2022
b. Invoice amount: $147,399
6. Final Construction Documents
a. 8/29/2022
b. $53,190
7. Permit and Approval Set
a. 9/26/2022
b. Invoice amount: $55,405
8. Bid & Construction Phase
a. Bidding & Addenda Period : 12 weeks
b. Construction Anticipated: 14 months
c. Invoice amount: $61,102
Exhibit A -- Page 2 of 62
92 Section 8 I.
City of Fowler - Police Headquarters Fee Proposal - Rev. 2
12.20.2021
Fowler Police Headquarters
Estimated Work Plan and Fee2021.11.03
Principal
Project Manager
Planner / Designer
Project Architect
ODC
Community
Engagement
Principal
Project Manager
Project Engineer
BIM Designer
McNeely
Hughes
TeVelde
2 man Survey
Prevail
Williamson
Heisdorf
Wilson
HAZMAT Testing
Principal
Mechanical
Engineer
Drafting
Construction
Administration
Principal
Engineer
Electrical
Engineer
Project
Manager
CAD
Technician
Cost Manager
Senior Estimator
Estimator
(Proprietary. Hide & Lock before sharing) Billing Rate hourly rate $280 $210 $110 $145 attached $328 $222 $185 $163 $190 $133 $113 $285 $119 $174 $130 $195 $145 $85 $105 $190 $165 $115 $95 $190 $175 $145 Phase Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Task Description
1 PHASE I - NEEDS ASSESSMENT, PROGRAM, CONCEPT DESIGN
Project Initiation
4 8 8 8
Develop project critical success factors 0 1 1 0Develop project schedule & communications matrix 2 0Collect and review owner supplied documents 2 4 8 1 2Existing facility assessment (field observation) 0 0 8 6 Hazardous Material Testing: Coordinate and perform materials testing in the existing facility to identify hazardous materials and recommend remediation 2 Exist facility assessment report (code review, physical limitations and opportunities) 4 4 4 1 4 4 24
Space Needs Survey - prepare, distribute, collect data, and review/compile data 4 8 8
Prepare initial program draft based on survey data 1 4 8 8 Meeting: Conduct meetings with department leaders to review program (virtual) 2 4 4 4 2
Draft Space Needs Program: Update program data based on meeting information 2 4 8 2
Meeting: Conduct meetings with deparment leaders to review updated program (virtual) 2 4 4 4 2
Final Space Needs Program: Update program data based on meeting information 1 4 8 8
Develop conceptual design options based on Space Needs Program information 2 8 16 16 1 1 6 4
Workshop #1: Conduct interactive workshop with department leaders to review design concept options and develop potential alternatives 8 8 8 0 4
Update concept design options based on workshop feedback 4 8 8 1 1 2 8 Workshop #2: Conduct workshop with department leaders to review updated concepts and identify the strongest solution to advance (virtual) 2 4 6 4
Update design concept based on workshop feedback 4 8 8 1 1 Distribute final concept design to departmental leaders for review and comment to finalize the concept design 2 2
Workshop #3: Community Engagement Workshop, informational and outreach. 8 8 8
Update design concept based on workshop feedback 0 4 12 16 1 1 Distribute final concept design to departmental leaders for review and comment to finalize the concept design 16 8
Cost Estimate: Develop initial budgetary cost estimate based on program space needs report 2 1 1 3 1 30 0
Deliverable: Space Needs Report and Concept Design 8 20 24 3 1 2 6 subtotal subtotal
Hours 560 32 95 161 142 - - 1 3 25 8 7 47 8 0 0 0 0 0 0 0 0 0 0 0 0 1 30 0 Fee $ 120,694.00 $ 19,950$ 17,710$ 8,960 $ 1,200$ 20,590 23,436$ $ 328 $ 666 $ 4,625 $ 1,304 1,330$ 6,251$ 904$ -$ -$ -$ -$ 8,000$ -$ -$ -$ -$ -$ -$ -$ -$ $ 190 $ 5,250 -$ 2 PHASE II - DESIGN
Design Develop Design from Schematic through Construction Documents along with cost estimates, City comment and approval, and Community Development Department document review and approvalSchematic Design Phase: includes regular client meetings, internal design team meetings 8 16 12 16 1 2 4 8
Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, Building Systems Narratives, and Outline Specifications
4 24 60 60 1 14 16 8 2 12 8 4 12 12 12
City Comment, Approval, and Design Team Responses 2 4 8 8 1 2 1 2 8 2 2 4 Meeting: Conduct a preliminary design review meeting of the schematic design documents with Community Development Department 4 8 8 2 6 2
Cost Estimate: Update budgetary cost estimate based on Schematic Design Phase 2 2 0 4 1 6 1 4 4 2 40
Design Development Phase (50% Documents): includes regular client meetings, internal design team meetings 8 12 12 12 1 4 30 38 6 12 4
Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, details, Building Systems initial layouts, and preliminary Specifications 4 12 64 64 1 1 24 32 6 24 24 8 16 40 40
City Comment, Approval, and Design Team Responses 2 4 0 8 1 3 1 4 12 8 2 4 Cost Estimate: Update budgetary cost estimate based on program space needs report 2 2 2 6 1 4 4 2 30 30
Prelim. Construction Documents Phase (75% Documents): includes regular client meetings, internal design team meetings 2 8 24 40 1 3 10 16 4
Deliverable: Preliminary Construction Documents, Building Systems detailed layouts, and draft Specifications 2 24 60 80 1 32 48 6 32 48 10 20 40 40
City Comment, Approval, and Design Team Responses 2 8 12 12 1 4 2 4 12 8 8 8 Cost Estimate: Update budgetary cost estimate based on program space needs report 2 2 8 2 4 4 2 20 28
Final Construction Documents Phase (100% Documents): includes regular client meetings, internal design team meetings 8 24 60 80 1 4 6 12 4
Deliverable: Final Construction Documents and Project Specifications 8 8 12 24 1 1 16 24 2 24 24 10 30 50 50
OCMI
COST ESTIMATING
Kick-off meeting and preparation
Crosby Group Lawrence Engineering Group Rose Sing & Eastman CIVIL
Dewberry Architects Provost & Pritchard
PROGRAM, ARCHITECTURE, DESIGN STRUCTURE MECH / PLUMB ELECTRICAL Exhibit A -- Page 3 of 62
93 Section 8 I.
City of Fowler - Police Headquarters Fee Proposal - Rev. 2
12.20.2021
Plan Review: Issue construction documents to Community Developmentt Department for review and approval and design team response to review comments 2 8 12 16 1 4 2 2 12 12 8 8
Cost Estimate: Final budgetary cost estimate based on FINAL CDs 2 2 1 8 8 8
subtotal subtotal
Hours 2390 62 168 336 432 2 12 120 126 0 0 0 0 8 30 38 56 208 142 0 36 78 196 186 6 90 58 Fee $ 348,580.00 $ 35,280$ 36,960$ 17,360 $ 62,640 800$ - $ 656 $ 2,664 $ 22,200 $ 20,538 -$ -$ -$ -$ 952$ 5,220$ 4,940$ 10,920$ 30,160$ 12,070$ -$ $ 6,840 $ 12,870 $ 22,540 $ 17,670 $ 1,140 $ 15,750 $ 8,410 3 PHASE III - BIDDING, PRE-CONSTRUCTION, AND CONSTRUCTION ASSISTANCE Provide Bidding, Pre-Construction, and Construction AdministrationAttend Pre-Bid Meeting 8 0 8 8 6 8 Review and respond to RFI's and develop addendum 4 8 20 1 24 1 8 16 16 24 2 16 16 8 8 Review submittals and shop drawings for conformance with the contract documents 0 12 24 40 1 16 5 14 48 2 16 16 8 0
Hours 412 0 24 32 68 0 2 48 1 0 0 0 0 0 0 0 13 30 16 78 4 32 40 16 0 8 0 Fee $ 61,102.00 $ 5,040$ 3,520$ - $ 2,000$ 1,200$ 9,860 -$ $ 444 $ 8,880 $ 163 -$ -$ -$ -$ -$ -$ -$ 2,535$ 4,350$ 1,360$ 8,190$ $ 760 $ 5,280 $ 4,600 $ 1,520 -$ $ 1,400 -$ Project Total
Total Hours 3362 94 287 529 642 3 17 193 135 7 47 8 0 8 30 38 69 238 158 78 40 110 236 202 7 128 58 Total Fee $ 530,376.00 $ 26,320 $ 60,270 $ 58,190 $ 93,090 $ 984 $ 3,774 $ 35,705 $ 22,005 $ 1,330 $ 6,251 $ 904 $ - $ 952 $ 5,220 $ 4,940 $ 13,455 $ 34,510 $ 13,430 $ 8,190 $ 7,600 $ 18,150 $ 27,140 $ 19,190 $ 1,330 $ 22,400 $ 8,410 - Total Fee $ 530,376.00 Exhibit A -- Page 4 of 62
94 Section 8 I.
City of Fowler - Police Headquarters Fee Proposal - Rev. 1
11.29.2021
Professional IV,
To Be Determined
Professional III,
To Be Determined
Professional III,
To Be Determined
$160.00 $148.00 $148.00 EXPENSES SUBT
4.1 0 0 0 $0.00 -$
4.2 0 0 0 $0.00 -$ 4.3 0 0 0 $0.00 -$ 4.4 30 0 20 $0.00 7,760.00 $ 4.5 0 0 0 $0.00 -$ 4.6 0 0 0 $0.00 -$ 4.7 12 12 0 $600.00 4,296.00 $
4.8 40 10 0 $3,500.00 11,380.00 $
82 22 20
Community Meetings (Hybrid)Develop and Maintain Project Website
COMMUNITY
ENGAGEMENT $ 23,436
Prepare Project Marketing Materials for Outreach
Coordinate and Facilitate Farmers Market Booth and Pop-Up EventsMetroQuest Survey: Project Introduction to CommunityStoryMap: Demonstrate Project Need and Next StepsMetroQuest Survey: Project Update and Deeper DiveStakeholder Outreach Meetings Exhibit A -- Page 5 of 62
95 Section 8 I.
ID Task
Mode
Task Name Duration Start Finish
1 Phase I - Assessment, Programming, Concept Design 11 wks Tue 2/8/22 Mon 4/25/22 2 Kick-off meeting and preparation 1 day Tue 2/8/22 Tue 2/8/22 3 Develop project critical success factors 1 day Tue 2/8/22 Tue 2/8/224 Develop project schedule & communications matrix 1 day Tue 2/8/22 Tue 2/8/225 Collect and review owner supplied documents 5 days Wed 2/9/22 Tue 2/15/226 Existing facility assessment (field observation) 1 day Wed 2/9/22 Wed 2/9/227 Hazardous Material Testing: Coordinate and perform materials testing in the existing facility to identify hazardous materials and recommend remediation 10 days Wed 2/9/22 Tue 2/22/22
8 Exist facility assessment report (code review, physical limitations and opportunities) 5 days Wed 2/16/22Tue 2/22/229 Space Needs Survey - prepare, distribute, collect data, and review/compile data 7 days Wed 2/16/22Thu 2/24/22 10 Prepare initial program draft based on survey data 5 days Fri 2/25/22 Thu 3/3/2211 Meeting: Conduct meetings with department leaders to review program (virtual) 1 day Fri 3/4/22 Fri 3/4/2212 Draft Space Needs Program: Update program data based on meeting information 2 days Mon 3/7/22 Tue 3/8/2213 Meeting: Conduct meetings with deparment leaders to review updated program (virtual) 1 day Wed 3/9/22 Wed 3/9/2214 Final Space Needs Program: Update program data based on meeting information 2 days Thu 3/10/22 Fri 3/11/2215 Develop conceptual design options based on Space Needs Program information 10 days Mon 3/14/22Fri 3/25/2216 Workshop #1: Conduct interactive workshop with department leaders to review design concept options and develop potential alternatives
1 day Mon
3/28/22
Mon 3/28/22
17 Update concept design options based on workshop feedback 2 days Tue 3/22/22 Wed 3/23/22 18 Workshop #2: Conduct workshop with department leaders to review updated concepts and identify the strongest solution to advance (virtual) 1 day Tue 3/29/22 Tue 3/29/22
19 Update design concept based on workshop feedback 2 days Wed 3/30/22Thu 3/31/2220 Distribute final concept design to departmental leaders for review and comment to finalize the concept design
1 day Fri 4/1/22 Fri 4/1/22
21 Workshop #3: Community Engagement Workshop, informational and outreach. 1 day Mon 4/4/22 Mon 4/4/2222 Update design concept based on workshop feedback 1 day Tue 4/5/22 Tue 4/5/2223 Distribute final concept design to departmental leaders for review and comment to finalize the concept design
1 day Wed 4/6/22 Wed 4/6/22
24 Cost Estimate: Develop initial budgetary cost estimate based on program space needs report10 days Wed 4/6/22 Tue 4/19/2225 Deliverable: Space Needs Report and Concept Design Options 3 days Wed 4/20/22Fri 4/22/2226 Phase II - Schematic Design Phase: includes regular client meetings, internal design team meetings
24 wks Mon
4/25/22
Fri 10/7/22
27 Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, Building Systems Narratives, and Outline Specifications 10 days Mon
4/25/22
Fri 5/6/22
28 City Comment, Approval, and Design Team Responses 5 days Mon 5/9/22 Fri 5/13/2229 Meeting: Conduct a preliminary design review meeting of the schematic design documents with Community Development Department
1 day Mon
5/16/22
Mon 5/16/22
30 Cost Estimate: Update budgetary cost estimate based on Schematic Design Phase 5 days Tue 5/17/22 Mon 5/23/22 31 Design Development Phase (50% Documents): includes regular client meetings, internal design team meetings
20 days Tue 5/17/22 Mon
6/13/22
32 Cost Estimate: Update budgetary cost estimate based on program space needs report 5 days Tue 6/14/22 Mon 6/20/22 33 City Comment, Approval, and Design Team Responses 5 days Tue 6/21/22 Mon 6/27/2234 Prelim. Construction Documents Phase (75% Documents): includes regular client meetings, internal design team meetings
20 days Tue 6/21/22 Mon
7/18/22
36 City Comment, Approval, and Design Team Responses 5 days Tue 7/19/22 Mon 7/25/22 37 Cost Estimate: Update budgetary cost estimate based on program space needs report 5 days Tue 7/26/22 Mon 8/1/22 38 Final Construction Documents Phase (100% Documents): includes regular client meetings, internal design team meetings
20 days Tue 8/2/22 Mon
8/29/22
39 Plan Review: Issue construction documents to Community Development Department for review and approval and design team response to review comments 20 days Tue 8/30/22 Mon
9/26/22
40 Cost Estimate: Final budgetary cost estimate based on FINAL CDs 10 days Tue 9/27/22 Mon 10/10/22 41 Phase III - Bidding, PreCon, Construction Administration 388 days Tue 10/11/22Thu 4/4/24 42 Attend Pre-Bid Meeting 1 day Tue 10/11/22Tue 10/11/22 43 Review and respond to RFI's and develop addendum 20 days Wed 10/12/22Tue 11/8/22 44 Review submittals and shop drawings for conformance with the contract documents 365 days Wed 11/9/22Tue 4/2/2445 Punchlist, Punchwalk 2 days Wed 4/3/24 Thu 4/4/24 121926 2 9 162330 6 132027 6 132027 3 101724 1 8 152229 5 121926 3 10172431 7 142128 4 111825 2 9 162330 6 132027 4 111825 1 8 152229 5 121926 5 121926 2 9 162330 7 142128 4 111825 2 9 162330 6 132027 3 101724 1 8 152229 5 121926 3 10172431 7 142128 4 111825 3 10172431 7 14 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 TaskSplitMilestone
SummaryProject SummaryInactive Task
Inactive MilestoneInactive SummaryManual Task
Duration-onlyManual Summary RollupManual Summary
Start-onlyFinish-onlyExternal Tasks
External MilestoneDeadlineCritical
Critical SplitProgressManual Progress
Mon 12/20/21 City of Fowler - Police HQ
Project: Milestone ScheduleDate: Mon 12/20/21
Exhibit A -- Page 6 of 62
96 Section 8 I.
RFQ - CONSULTING SERVICES
CITY OF FOWLER
Police Headquarters
SEPTEMBER 24, 2021
Exhibit A -- Page 7 of 62
97 Section 8 I.
1 September 24, 2021
City of Fowler
128 S. Fifth Street
Fowler, California 93625
Re: Statement of Qualification for City of Fowler Police Headquarters Dear Mr. Gaffery and the Selection Committee,
We commend the City of Fowler for taking this critical step to evaluate police department current and future capacity needs and develop a facilities improvement plan. Effective planning leads to the creation of safe, comfortable, accessible, flexible, technology rich, diverse and equitable facilities. Dewberry recognizes the value of effective and comprehensive planning (involvement of the community) and has assembled and experienced team of professionals prepared to meet the goals of City of Fowler.
Dewberry has a continuing commitment to excellence, community partnership and quality of life for all of clients.
We understand the vital importance of quality planning and the need for specialized experience and deep expertise, to create the roadmap for the future Police Department. This is your project, and if selected, we will listen to better understand your needs and the needs of the “underrepresented community” and translate that information into the design of the future Police Department.
Public Safety facilities offer the unique opportunity to promote a sense of civic pride thru a style of “community architecture” along with a sense of safety while satisfying operational needs with highly functional designs tailored to the specific programmatic needs of each department. Reliable technology, optimum functioning floor plans, and smooth systems integration are critical to meeting the needs of Police Officers and maximizing life cycle operations by providing flexibility and shared space opportunities. Our team of public safety planners, programmers, and designers bring our depth of experience and expertise to your project to evaluate your existing facilities, determine the suitability of proposed sites, and develop design concepts that meet your operational needs, budget, and community goals.
With over 200 public safety projects and over 100 police clients in California and around the country, Dewberry is a recognized leader in law enforcement planning and design. Our award-winning designs are recognized by architects, municipalities, and the law enforcement community as highly functional design solutions that enhance communities, such as community and training rooms along with sapces to support such gathering.
I will serve as the Principal-in-Charge and serve as the Public Safety Matter Expert and has also recently authored a publication addressing the impact the pandemic has on operational design and protecting the health and wellness of police officers. Will Oren will serve as the Project Manager, who brings a wealth of knowledge from a technical point of view related to renovations of existing facilities.
Dewberry is excited for the opportunity to present our qualifications on your project. We stand ready to serve the City of Fowler, the Police Department, and the community of Fowler in every way. Our team’s passion is rooted in public safety planning and design; our qualified professionals offer their extensive experience, commitment, and design capability for all types and sizes of law enforcement facilities; and we want to be a proud member of your team and community to enable Fowler to remain a safe place to live, work, and visit for years to come! Sincerely,
Larry Hlavacek, AIA, NCARB
Principal; National Director of Public Safety Architecture Month 00, 2021
Company Name
Attn: Contact’s Name, Job Title
Office Building
123 Anywhere Drive
City Name, State 12345-0000
RE: RFP 00-000-0000/Project Name
Dear Mr. Doe,
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Exhibit A -- Page 8 of 62
98 Section 8 I.
2 CITY OF FOWLER POLICE HEADQUARTERS
INTRODUCTORY LETTER TAB 1
FIRM INTRODUCTION 1
PROJECT & TEAM EXPERIENCE TAB 2
SIMILAR PROJECTS 3
ORGANIZATION CHART 20
CONSULTANTS 21
RESUMES 24
REFERENCES TAB 3
REFERENCES 37
CONTRACT TERMINATIONS TAB 4
TERMINATION STATEMENT 39
PROJECT UNDERSTANDING TAB 5
PROJECT UNDERSTANDING 41
PROJECT APPROACH 44
PANDEMIC PLANNING CONSIDERATIONS 49
SUSTAINABILITY 50
CONTENTS
Exhibit A -- Page 9 of 62
99 Section 8 I.
SECTION 1: Introductory Letter
Introductory Letter
Exhibit A -- Page 10 of 62
100
Section 8 I.
1 FIRM INTRODUCTION
Dewberry is a leading professional services firm with a proven history of providing architecture, engineering 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 still a family-owned
professional services firm, with more than 50 locations and 2,000 professionals nationwide.
Sacramento Office Dedicated to Public Clients
Dewberry’s seven California locations primarily serve city, state and county clients on a variety of project types. In addition to Sacramento, locations include Rancho Cordova, Pasadena, Manteca, Modesto, Fresno, and Long Beach.
National Public Safety Practice
Dewberry is passionate about public safety and municipal design. Our justice thought leaders regularly speak at the national and regional International Association of Chiefs of Police (IACP), local Fire Chiefs Associations, and Academy of Architecture for Justice conferences each year. In 2019, 2020, and 2021Dewberry - in collaboration with the IACP - led several three-day Police Facility Design & Planning Seminars. We are qualified professionals that offer experience, commitment and design capability for all types and sizes of combination public safety facilities.
For Dewberry, design begins and ends with the client relationship. We believe that getting to know our clients allows us to design facilities that respond to departmental needs and reinforce a sense of civic integrity in their communities.
We provide our clients with intelligent, responsive and innovative design solutions that are durable, highly functional for 24/7 activities, and cost-effective for long-term investment. Our approach to public safety and municipal design is driven by programmatic and space needs and dedicated to designing for function, adjacency relationships and each department’s mission.
We follow through on our corporate mission by providing innovation and design excellence on every project we undertake. Our designs have been recognized with over 250 juried awards on national, regional and local levels, and we continue to remain on the leading edge of architectural and interior design in all of our market sectors. • FIRM
Dewberry Architects Inc.
1760 Creekside Oaks Drive, #280
Sacramento, CA 95833
• PRIMARY CONTACT
William Oren, AIA, NCARB
Project Manager
916.239.7253
[email protected]
• PROVIDING SIMILAR SERVICES
65 Years
• PRESENT NAME
10 Years
• FORMER NAMES
Formerly PSA-Dewberry Inc.
Formerly Phillips Swager Associates Inc.
Dewberry Design Group Incorporated
• OTHER SERVICES
Needs assessments
Programming
Architecture
Engineering
Space planning
Interior design/FF&E
Security/Technology design
• LEGAL STRUCTURE
S Corporation
Dewberry Architects Inc. is 100% owned by
parent company, The Dewberry Companies
Inc.
Owners of the parent company are:
- Barry K. Dewberry
- Karen S. Grand Pre
- Thomas L. Dewberry
- MSD Credit Shelter Trust
Exhibit A -- Page 11 of 62
101
Section 8 I.
2 CITY OF FOWLER POLICE HEADQUARTERS
THOUGHT LEADERSHIP
NATIONAL LEADERS IN PUBLIC SAFETY PLANNING AND DESIGN
As Public Safety Thought Leaders, Dewberry’s experts know how important it is to share ideas, lessons learned, and to partner with other thought leaders to make a positive impact on public safety design and operations. Our goal is to review evidence-based research and innovation, integrating it into every decision made during design, construction, and gathering data during post-occupancy evaluations.
In the ever-changing field of public safety architecture, we choose to actively grow by leading and immersing ourselves in “think tank” workgroups creating national best practice guidelines, supporting Dewberry staff and clients in attending and presenting at national conferences.
Our public safety subject matter experts lead the discussion of public safety design practices. In 2019, 2020, and 2021 Dewberry hosted the Design/Construct Police Facility Seminars for the International Association of Chiefs of Police (IACP). We regularly speak at IACP and other industry conferences - alongside our past and current clients - to share best practices and lessons learned from past projects.
Being selected at the national level to participate in writing best practice standards, guidelines, or speaking and presenting at conferences is not easy – but we relish in going the extra mile.
Competitive submission and selection processes are required in order to have a chance at presenting or being involved in writing best practices.
PROVIDING THE BEST
ENVIRONMENTS ONLY
HAPPENS WHEN WE PUT
PEOPLE FIRST, WHEN WE
PUT CLIENTS’ VISIONS
FIRST, WHEN WE ALL COME
TOGETHER AS A TEAM TO
MAKE IT HAPPEN.
2019 IACP Police Facility Planning
Workshop hosted by Dewberry
Offering a complete range of services to our clients from feasibility studies to construction administration and from programming to value engineering, we have developed a
reputation for reliability and full-service design solutions.
Specialized Experience
Dewberry’s experience in integrating the components of
public safety agency into a facility or complex has been successfully delivered for cities and agencies across the nation. Our team’s high level of interest in your project and professional qualifications make us the best team for your project based on the following:
EXPERIENCE WORKING WITH MUNICIPALITIES
We are experienced at working with council members,
city managers, public works departments and other staff members, as well as various public safety departments.
We understand the enormous responsibility of adhering
to budgets approved by taxpayers and addressing the
concerns of officials.
PLANNING STUDIES
Our planning experience includes, but is not limited to, the preparation of needs assessments and feasibility
studies, the development of space guidelines,
programming and design of public facilities, site
evaluation and planning, conceptual design, and project management services.
Our involvement in public safety and municipal projects - ranging from the 4,500 SF Municipal Complex Concept
Study for the City of South Pasadena, to the 400,000
SF Cleveland, OH Police Headquarters - will benefit
the City of Fowler through the strength of our national experience.
IN-HOUSE SECURITY AND TECHNOLOGY DESIGNERS
Dewberry’s security / technology / communications
specialists will be integral in addressing solutions
necessary for day-to-day 24/7 activities for this project type. These individuals have worked on each of the
public safety and municipal projects Dewberry has been
retained for and their experience has led to cost effective, highly efficient designs that are planned for from day one.
Exhibit A -- Page 12 of 62
102
Section 8 I.
SECTION 2: Project & Team Experience
Project & Team Experience
Exhibit A -- Page 13 of 62
103
Section 8 I.
3 Gilroy Annex Building Renovation
GILROY, CALIFORNIA
Dewberry is currently working with the City of Gilroy to convert their vacant police department building into a “one-stop shop” permit center offering a multitude of products and services to its customers, all under one roof.
The project includes remodel of the 7,400 SF west wing of the building. The renovated portion will consist of a public lobby/permit counter and hallway, waiting area, working offices and/or cubicles to accommodate up to 50 personnel, two conference rooms, storage rooms, staff lounge/kitchenette, separate public and staff restrooms.
Programming, conceptual design, working drawings, ADA modifications, seismic and hazmat evaluations were also part of the scope of services. Infrastructure replacement and/or upgrades involved mechanical, electrical, plumbing, fire suppression and protection systems.
The project was anticipated to be completed over a 12-15 month duration (from start to finish) with a projected move-in date of Fall/Winter 2020, but has been delayed by COVID-19.
• COST $2.64M (est.)
• COMPLETION
Anticipated completion
2020 (Delays due to
COVID-19)
• FIRM ROLE
Prime firm providing
planning, architecture,
interiors
• CONTACT
Julie H. Oates, PE, TE,
Engineer I - Capitol
Improvement Projects
408.846.0416
julie.oates@cityofgilroy.
org
PROJECT & TEAM EXPERIENCE
Exhibit A -- Page 14 of 62
104
Section 8 I.
4 CITY OF FOWLER POLICE HEADQUARTERS
Benicia Police Department
Building Needs Assessment
BENICIA, CALIFORNIA
The City of Benicia, located in Solano County, is home to approximately 28,000 people. The Department is housed in a former school building and school bus garage that was built in 1943. Over the years, the Department has expanded and outgrown the existing building. The Benicia Police Department employs 52 employees with numerous volunteers using the building. The facility include two holding cells, a Dispatch/Communication Center and an unsecured parking space for all fleet. The community also periodically uses a room for meetings.
Dewberry performed a needs assessment on the current Police Department building and facility to help decide the best decision moving forward. Specifically, improvement to the existing building, addition to the existing building, construction of an entirely new facility, or other options that may best suit the City for its current and future needs.
Since the completion of the initial study, Dewberry has assisted the city with the development of different layout options, and is also beginning a planning study for their City Hall building.
• CLIENT
Benicia Police
Department
• COMPLETION
2019
• FIRM ROLE
Prime firm providing
planning and
architecture
MUNICIPAL
CLIENT
Exhibit A -- Page 15 of 62
105
Section 8 I.
5 Adjacency Department Block Exercise
Benicia Police Department Study - continued
Exhibit A -- Page 16 of 62
106
Section 8 I.
6 CITY OF FOWLER POLICE HEADQUARTERS
The Garden Grove Police Department is currently housed in five separate buildings at three different locations. These buildings include the police headquarters, the juvenile justice center annex, the property/evidence building, a special services annex and Command post garage, and a property/evidence storage annex.
Dewberry was retained to develop a space needs assessment of the department’s facilities. Specific services include:
• Evaluate the existing spaces of the five facilities, identifying both physical and operational issues of space quality, layout and detail. • Study current and future staffing projections and organizational structural • Prepare recommendations of space requirements leading to a right-sizing of the City’s current and future space needs.
• Seismic evaluation of existing structures to identify potential deficiencies. • Assess parking capacity for public and staff needs.
• Assess the locations of facilities in relation to emergency response times. • CLIENT
City of Garden Grove, CA
• COST Ranges from $41m
to $58m depending on
option selected
• SIZE Ranges from
96,310 SF to 121,509 SF
depending on option
selected
• COMPLETION Study
completed 2020
• FIRM ROLE
Prime firm providing
planning study
Garden Grove Police Department
Infrastructure Space Needs Assessment
GARDEN GROVE, CALIFORNIA
Exhibit A -- Page 17 of 62
107
Section 8 I.
7 Overall First Floor Concept Plan
Design Workshop with Multiple City Departments Renovation + Addition of Existing Facility Conceptual Plan Exhibit A -- Page 18 of 62
108
Section 8 I.
8 CITY OF FOWLER POLICE HEADQUARTERS
To enhance public safety services for the community, the BPD has a goal of adding 100 new sworn officers by the end of 2022, along with adding significant non-sworn staff, vehicles and equipment. To assist the Department in planning for this growth, Dewberry is providing a space needs assessment and site feasibility study to determine how to best utilize space over the next 10 - 20 years. Tasks include:
• Provide an assessment and evaluation of the existing conditions to detail the adequacy of existing facilities and identify areas that conflict with best practices. • Develop an analysis of current and future space needs of the BPD over the short and long term. The Department currently operates out of seven locations spread out over the City.
• Perform a detailed staffing analysis documenting current staffing levels, identifying deficiencies and operational inefficiencies, and projecting staffing needs for 5, 10, 15, and 20 year projections based on population data, operational needs, and call for service demographic data.
• Develop short term facility improvement program and long-term facility master plans including renovations, additions, and new construction along with budgetary cost estimates for fiscal planning purposes.
Bakersfield Police Department Space
Needs Assessment Study
BAKERSFIELD, CALIFORNIA
• CLIENT
Bakersfield, CA
• COMPLETION Ongoing
• FIRM ROLE
Prime firm providing
planning study
Exhibit A -- Page 19 of 62
109
Section 8 I.
9 23,545 sf
4 FLOORS
12,000 SF /
FLOOR
P H A S E 1
23,545 sf
4 FLOORS
12,000 SF /
FLOOR
PARKING
STRUCTURE
30,000 SF / FLOOR
P H A SE 2
4 FLOORS
12,000 SF /
FLOOR
4 FLOORS
24,361 sf
PARKING
STRUCTURE
30,000 SF / FLOOR
P H A SE 3
PROJECT PHASING DIAGRAM
NOT TO SCALE
CURRENT (DRAWN) AREA: ~62,000 SF
PROJECT SPACE NEEDS: 129,700 SF
AREA GROWTH OVER 20 YEARS: 67,700 SF
3D SITE VIEW
NOT TO SCALE
4 FLOORS 13,656 sf
12,000 SF /
FLOOR
PUBLIC PLAZA
4 FLOORS 26 914 sf
PARKING
STRUCTURE 30,036 sf
30,000 SF / FLOOR
P H A SE 4
24,361 sf
SECURE OUTDOOR
SPACE
TURNAROUND &
PUBLIC PARKING
NEW HEADQUARTERS
BUILDING
SECURE PARKING
ENTRY\EXIT POINTS
BUIDLINGS TO
REMAIN
NEW DEPARTMENT
PARKING
STRUCTURE
Exhibit A -- Page 20 of 62
110
Section 8 I.
10 CITY OF FOWLER POLICE HEADQUARTERS
As part of a design-build team with Hensel Phelps, we served as the architect of record and provided interior design, planning/ programming, and security design for the twophase expansion of Stanislaus County’s Jail and Public Safety Center—the largest capital project ever launched by the county government and the fi rst project in the state to be completed under the 2011 Assembly Bill 900 public safety realignment initiative.
The jail consists of two maximum security housing units with 480 beds, a medical and mental health housing unit with 57 beds, a health services unit, security control center, and necessary circulation and common space. A new intake, release, and transportation center was included in the design, which also houses the facility administration, visitor lobby, staff support, and inmate property storage. This facility is intended to increase the county jail’s housing capacity, easing the overcrowding issue, as well as provide the ability to launch new programs aimed at reducing recidivism rates. • CLIENT
Stanislais, CA
• COMPLETION 2016
• FIRM ROLE
Prime firm providing
planning, architecture,
interiors
Stanislaus County Public Safety Center Expansion
MODESTO, CALIFORNIA
Exhibit A -- Page 21 of 62
111
Section 8 I.
11 Stanislaus County Public Safety Center - continued
Exhibit A -- Page 22 of 62
112
Section 8 I.
12 CITY OF FOWLER POLICE HEADQUARTERS
East Dundee Police Station
Building Needs Assessment + Adaptive Reuse Design
EAST DUNDEE, ILLINOIS
Since 2008, Dewberry has worked with the Village of East Dundee to assist in the analysis of multiple sites and facilities for their future police and village hall.
After Dewberry performed detailed examinations of three sites with the Village’s priorities driving the study, two were discarded due to negative impact to the neighborhood, limited expansion options, brownfield site conditions, demolition costs, and higher new construction costs. The final site was chosen due to its adjacency to the Village Hall, its downtown location, and its lower renovation costs. The chosen site was the Village’s recently abandoned fire station.
Dewberry creatively transformed and completely reorganized the 1950s fire station into an efficient and functional police facility, quadrupling the police department’s current size in the process. McIntosh Creek runs between the planned improvements and provides the opportunity for a future civic plaza. The municipal complex is approximately two acres and is located two blocks from the Village’s historic downtown which continues to undergo redevelopment.
The East Dundee Police Station achieved LEED Gold certification and is part of a unique Sustainable Energy Development District. The project team leveraged the design to contribute to the District’s renewable energy and energy conservation goals, establishing a precedent for high performance green buildings within the Village boundaries. With this project, the Village set an example of sustainable development for economic vitality, community well-being, and natural resource stewardship. • CLIENT
East Dundee Police
Department
• COMPLETION
2016
• FIRM ROLE
Prime firm providing
planning and
architecture
• AWARDS
LEED Gold
Exhibit A -- Page 23 of 62
113
Section 8 I.
13 up
up
up
1. PUBLIC ENTRY
2. CHIEF’S OFFICE
3. CONFERENCE ROOM
4. INTERVIEW ROOM
5.PUBLIC WAITING LOBBY
6. VENDING
7. SERGEANT WORKSTATIONS
8. WORK ROOM
9. RECORDS
10. LEUTENANT‘S OFFICE
11. MONITOR/IT ROOM
12. RESTROOM
13. STAFF ENTRY
14. REPORT/WRITING
15. INVESTIGATOR’S OFFICE
16. JANITOR’S CLOSET
17. GUN CLEANING
18. ARMORY
19. EVIDENCE PROCESSING
20. BAG & TAG
21. JUVENILE/ADA CELL
22. BOND OUT
23. EVIDENCE STORAGE ROOM
24. CELL
25. BOOKING/HOLDING
26. VEHICLE SALLY PORT
27. FIRE RISER ROOM
28. FOUND PROPERTY STORAGE
29. GENERATOR
1 2
3 4
5 9
6 7
8 10
11 12
12 12
14 15
4 4
16 12
12 21
4 18 19
24 24
25 24
23 26
27 28
17 20
29 FIRST FLOOR PLAN
0’ 10.7’
THIRD STREET
22 13
LEGEND:
up
up
OPEN TO
BELOW
OPEN TO
BELOW
OPEN TO
BELOW
up
OPEN TO
BELOW
1. TRAINING/COMMUNITY ROOM
2. STORAGE
3. PUBLIC LOBBY
4. ROLL CALL AREA
5. WOMEN’S LOCKER ROOM
6. FITNESS ROOM
7. BREAK AREA
8. STAFF RESTROOM
9. MEN’S LOCKER ROOM
10. COURT PREP ROOM
11. MECHANICAL
1 3
4 5
2 6
8 7
8 9
10 11
11 LEGEND:
SECOND FLOOR PLAN
0’ 10.7’
2 Exhibit A -- Page 24 of 62
114
Section 8 I.
14 CITY OF FOWLER POLICE HEADQUARTERS
Glen Ellyn Police Department
Study and Implementation
GLEN ELLYN, ILLINOIS
Since 2011 Dewberry has worked closely with the Village government to provide the following services which continue to this day:
• Space needs study for both Police and Village Hall program spaces • ADA compliance survey of existing 1930’s structure
• Existing facilities survey
• New police station design through construction administration • Village Hall Department renovations and expansions into former police occupied spaces
Space Needs Study
Dewberry assisted the Village of Glen Ellyn with the development of a comprehensive space needs assessment for the village Administration, Finance, Planning and Development Departments, as well as the Glen Ellyn Police Department. Dewberry worked closely with the Police and Village to create a space needs analysis that included:
• Critical success factors for each department outlining the most important objectives, goals, and vision for each organization to be used as a project benchmark. • CLIENT
Village of Glen Ellyn
• COMPLETION
2014 - studies
2017 - construction
• COST $13.5M
• FIRM ROLE
Prime architect providing
planning, architecture,
interiors, MEP,
technology, structural,
civil
Silver Award, Law Enforcement Today Design Award, 2020
Citation, AIA Academy of Architecture for Justice, 2019 Best of Governmental Architectural Awards, Masonry Advisory Council, 2018 Exhibit A -- Page 25 of 62
115
Section 8 I.
15 • Extensive online staff surveys and result analysis using Survey Monkey.
• Follow-up staff interviews with department leaders and users to establish existing space conditions, current space needs, and future needs projecting out align with their 2030 goals. •Identification of key adjacencies and functional organization efficiencies between spaces.
• Preliminary budgetary cost estimates based on historical square foot cost data for the type of spaces identified. • Presentation to village board members containing existing space conditions, current space needs, future space needs, estimated project budget and comparisons with similar
departments within the geographical region to gain support and build momentum for future project phases.
Design Implementation
In 2015, Dewberry was selected as part of a design-build team to design the new facility. The site conditions presented many challenges which had to be overcome.
• Over half the site is in the 100-year flood plain with bad soils which caused the functions to be laid out in two separate structures on the higher west and north site areas.
• Firearms training needed to be located on-grade in a support building instead of the basement due to the soil conditions. • The public parking and plaza areas were also intended to act as a gateway to an adjacent park.
The first floor program spaces include a community room, records, patrol, booking & holding, evidence processing, locker rooms, break area, and a fitness room. Second floor program spaces included administrative and investigations and building support spaces. Future expansion of evidence storage, patrol, and investigations has been masterplanned along the east side of the building.
The building’s massing and exterior material palette were inspired by the natural setting of the park and will include stone, glass, and fiber cement panels that look like wood. The public amenities and entrance have all been grouped along the south end of the building with an inviting, transparent 2-story lobby.
Glen Ellyn Police Department Study - continued
Exhibit A -- Page 26 of 62
116
Section 8 I.
16 CITY OF FOWLER POLICE HEADQUARTERS
• CLIENT City of Countryside, IL
• COMPLETION 2019
• COST $19.7M
• FIRM ROLE
Prime firm providing
architecture, interiors, MEP
and structural engineering,
security, technology
Countryside City Hall and Police Headquarters
CITY OF COUNTRYSIDE, IL
The City of Countryside’s existing municipal building was undersized and could no longer support their growing staff programs effectively. The City purchased a 3.41- acre vacant corner lot property to build a new City Hall and a Police Station. With this building, the City of Countryside hopes to stimulate economic growth in the area and be a leading example of sustainability in civic architecture by pursuing LEED Silver certification.
The site celebrate’s its prominent location along Historic Route 66 with an exterior plaza and dedicated monument for public viewing. The project aims to provide the residents of Countryside with a storm shelter and variety of meeting rooms for community groups and events. For future planning, a stand-alone building has also been located on the west end of the property.
One of the project’s goals was to increase staff efficiency while maintaining a secure perimeter between public and private functions. The L-shaped building is divided into Police Department functions on the north and City Hall functions on the south with a shared public amenities core near the center. The centrally located two-story lobby welcomes the public and serves as an access point to both Police and City Hall functions. The first floor police wing consists of a records office, patrol suite, police staff break area, evidence processing, booking and holding, and locker rooms. The first floor city hall wing consists of an open community development department suite, executive conference room, and a 1 ½ story council chambers with dais seating for 12 members. The Grand Hall corridor along the east provides the public access to the Council Chambers through an array of glass and seating bump-outs. The corridor feature’s an interspersed gallery exhibiting Historic Route 66 and the history of Countryside.
The second floor consist’s of Police Administration and Investigations on the north while an administration suite and break room with green roof access are provided for City Hall on the south. Public Entry
Exhibit A -- Page 27 of 62
117
Section 8 I.
17 Countryside City Hall and Police Headquarters - continued City Council Chamber can also be used as a Community
Meeting Room
Rooftop photovoltaic panels on the parking canopies
helped this project achieve LEED Gold Certification.
Exhibit A -- Page 28 of 62
118
Section 8 I.
18 CITY OF FOWLER POLICE HEADQUARTERS
South Pasadena Municipal Building
Study South Pasadena, CA
Prime firm providing space needs study
and conceptual design
Calaveras County Sheriff’s
Administration and Jail San Andreas, CA
Prime firm for a planning study and
design for a new county facility.
1 Scale: 1" = 30'-0"
Hillsborough Public Safety Operations
Complex Tampa, FL
New facility including dispatch command,
incident command center, fire-rescue
training, 311 call center.
Aliso Viejo Sheriff’s Station Remodel
Aliso Viejo, CA
Prime firm providing remodel and ADA
upgrades for this facility for Orange
County Sheriff’s Department.
City of Denver Substations 1, 2 and 3
Denver, CO
Prototype and design implementation of
three police substations.
Vienna Police Station
Vienna, VA
Prime firm providing a planning study
and design implementation for a 29,500
SF new facility.
Lubbock Police East Substation
Lubbock, TX
Associate firm providing public safety
design for a public safety improvement
project, including three police substations
ADDITIONAL EXPERIENCE
Venice Public Safety Building
Venice. FL
A new 31,000 SF public safety building,
including evidence processing, incident
command center, training, community
rooms.
Tolleson Police and Municipal Court
Tolleson, AZ
Schematic and design development
phases for a new 22,400 SF police and
municipal court facility, which achieved
LEED Silver certification
Exhibit A -- Page 29 of 62
119
Section 8 I.
19 Glendale Public Safety Building
Glendale, AZ
A new combination Police and Fire Facility
located on seven acres of an 88-acre
master planned multi-purpose site.
Romeoville Village Hall and Police
Headquarters Romeoville, IL
Space needs assessment and design
implementation for a new 118,000 SF
municipal facility.
City of Killeen Police Headquarters
Killeen, TX
Facilities needs assessment and design
implementation for a new facility.
Includes a police emergency operations
center.
DeKalb Police Headquarters
DeKalb, IL
Needs assessment study and design
for a new 35,600 SF police station
which includes a dispatch call center,
detention, and training center.
Space Needs Study and Master Plan
Victoria, TX
Study for 15 of the City’s public safety
departments, currently spread out in five
different locations.
Jack Evans Police Headquarters
Dallas, TX
Prime firm providing planning and design
of a new police headquarters for the City
of Dallas.
Facility Needs Assessment Study
Weatherford, TX
Existing facilities assessment, evaluation
and development of options including
renovation of existing, or building new.
Town of Gilbert Public Safety Building
Gilbert, AZ
Planning study and design
implementation for a police, fire and
courts complex.
City of Alexandria Police Headquarters
Alexandria, VA
Planning and design for a new police
headquarters, which includes a 911 call
center and 550-space parking structure.
Exhibit A -- Page 30 of 62
120
Section 8 I.
20 CITY OF FOWLER POLICE HEADQUARTERS
A Team Focused on Your Project
A substantial amount of our design team’s work serves municipalities.
This brings to the City a team well versed in the issues and solutions that go hand-in-hand with a project of this nature, a team attuned to national and regional trends, and a group of professionals - many of whom have previously worked together for municipal government clients.
TEAM ORGANIZATION
CITY OF FOWLER
CORE TEAM
PROJECT MANAGER
William Oren AIA, NCARB
PRINCIPAL-IN-CHARGE/
PUBLIC SAFETY SUBJECT MATTER EXPERT
Larry Hlavacek AIA
MECHANICAL/PLUMBING
Ryan Carlson PE
ELECTRICAL
Steve Eastman PE
STRUCTURAL
Patrick Crosby SE, PE, LEED AP, DBIA
CIVIL/LANDSCAPE
Rod McNeely PE
SECURITY + TECHNOLOGY
Chris Allred ESS
COST ESTIMATING
Abhi Choukse VMA, CEP
SUPPORT AND IMPLEMENTATION TEAM
A
B
C
D
E
Dewberry
OCMI
Lawrence Engineering Group
Crosby Group
Provost & Prichard
Rose Sing and Eastman
FIRM LEGEND
A
A
A
B
C E
DESIGNER
Mario Barrientos
A
F
D
F
SUSTAINABILITY
Jenni Betancourt AIA, WELL AP, LEED AP BD+C, GGP
A QA/QC
Tamara Clarke AIA LEED AP BD+C, WELL AP
A
COMMUNITY ENGAGEMENT
Annette Manz
A
Exhibit A -- Page 31 of 62
121
Section 8 I.
21 PROPOSED SUBCONSULTANTS
Dewberry has brought together an integrated team of planning, design, and engineering professionals that can provide the wide variety of services that may be required for this contract. Dewberry places great importance on creating the right team to address each project’s unique requirements.
We understand that the performance of our subconsultants is Dewberry’s responsibility. The quality of our relationships with them, and fully integrating them into interdisciplinary coordination, will impact the quality of the entire project.
COST ESTIMATING
O’Connor Construction Management, Inc. is a valued leader of quality management solutions for the built environment that takes ownership of clients’ needs and problems and values their resources as their own.
O’Connor is a full service, independent construction management company. Founded in 1982 as a cost consultancy for owners and design professionals, they have offices throughout California, Las Vegas, Seattle, Dallas, Omaha, Charlotte and Washington, DC. Over the past 38 years they have broadened their scope of services to excel at every aspect of program, project, and construction management.
O’Connor has provided consulting services for more than 9,000 nationwide and around the world; on average, our cost estimating accuracy is within 3 percent of the lowest bid. They have worked on every type of building and infrastructure project for nearly every market. This breadth of experience gives them a thorough understanding of the nuances of various project types. What differentiates them is their collective experiences, knowledge, and success rates within these specialized projects.
County of LA, DPW: Rancho Los
Amigos South Campus
CSU Fullerton: Public Safety Building
CSU Northridge: Public Safety Building
Los Angeles Harbor College: Sheriff
Station
Orange County Fire Authority Regional
Fire Ops and Training Center
Orange County Sheriff Department:
RNSP Tenant Improvement
Seal Beach Fire Station
Thermal Sheriff Station
PUBLIC SAFETY EXPERIENCE
Garden Grove Police Department: Needs
Assessment (with Dewberry)
City of Downey: Fire Stations No. 1, 2, 3 & 4
City of Redondo Beach: Police Department
City of Stockton Police Department
Costa Mesa Police Facility Expansion
County of LA, DPW: 3965 South Vermont
Ave. LA County Probation Department
County of LA, DPW: Altadena Sheriff Station
Parking Lot
County of LA, DPW: Del Valle Fire Training
Facility
County of LA, DPW: FCCF Chiller
Improvement
County of LA, DPW: Fire Camp 14 Life Safety
Improvements
Exhibit A -- Page 32 of 62
122
Section 8 I.
22 CITY OF FOWLER POLICE HEADQUARTERS
MECHANICAL AND PLUMBING ENGINEERING
ELECTRICAL ENGINEERING
Rose Sing and Associates, Inc. located in Visalia, performs projects throughout the central and northern California areas. Their staff of engineering, design, inspection and CAD professionals can support projects of varying types and sizes.
Rose Sing and Associates, Inc. approaches each project with the owner’s interest in mind. Their goal is to combine the owner’s criteria with their technical expertise to produce systems that meet the specific requirements of the project. Factors that influence design include life cycle costs, energy conservation, and function of each space, esthetics and ease of maintenance.
Their clients include City of Bakersfield, City of Lindsay, City of Tulare, City of Visalia, County of Kern, County of Tulare, A.T.&T., Southern California Gas, PG&E, U.S. Navy, California Air National Guard, IBM and Tenneco.
PROJECT EXPERIENCE
City of Bakersfield - Fleet Services Building
County of Fresno - North Annex Jail Expansion
Kern County - Animal Control Facility
Kern County - Public Services Building
Kern County - Public Health Building
Kern County - Sheriff’s Department Remodel,
Bakersfield
Selma-Kingsburg-Fowler Sanitation District - New
Administration Building
Social Security - New Administration Office, Visalia
City of Tulare - New Police Facility
City of Tulare - Tulare City Hall Remodel and Addition
Tulare County Women’s Detention Facility, Visalia
Tulare County Courthouse Addition, Visalia
Tulare County Government Plaza, Visalia
Tulare County - Sequoia Field Programming Facility
Lawrence Engineering Group is a full-service mechanical engineering firm, providing plumbing, fire sprinkler, heating, ventilation, refrigeration, and air conditioning design, energy audits/studies, commissioning, and construction administration services. LEG has been involved in the design and construction of major projects located in the San Joaquin Valley from Modesto to Bakersfield, including 27 county and state facilities.
Lawrence Engineering Group has been retained by public
organizations such as the City and County of Fresno, PG&E, California State University – Fresno, State Center Community College District, Pacific Bell Telephone, 50 school districts, and well over 30 architectural firms to provide services for projects ranging from small rehabilitations to over $120 million in construction costs.
Originally established in 1971, the firm is the largest mechanical consulting office in the San Joaquin Valley, with a staff of 37.
PROJECT EXPERIENCE
Bakersfield Police Department - 911 Room
City of Fresno - New Southwest Police Station
City of Fresno - Police Headquarters - Air Handler
Unit Replacement
City of Madera - Police Station
City of Visalia - Police Sub-Station
Clovis Unified School District - District Wide
Facilities - HVAC and Plumbing Assessment
Fresno County Juvenile Justice Facility
Kern County – Public Services Building
Kern High School District - District Wide Facilities -
HVAC Assessment
Meadows Field Airport Terminal Building
New Fresno County 6-Story Jail
Selma Police Station
Exhibit A -- Page 33 of 62
123
Section 8 I.
23 CIVIL ENGINEERING
In 1968, Provost & Pritchard Consulting Group began a tradition of engineering excellence in the San Joaquin Valley. Over the course of more than 50 years, Provost & Pritchard has grown in staff size, services offered, and breadth of areas served with nine office locations throughout California. With nearly 190 employees, their staff is diverse in their specialties, including civil and agricultural engineering, water resource management and engineering, CEQA/NEPA compliance, land surveying, GIS, and construction management services.
Since the beginning, Provost & Pritchard has worked with clients to ensure seamless progression for their projects. Their reward is the long-term client relationships and a positive, significant impact to the community. Whether the task is big or small, Provost & Pritchard consistently works to bring each project to a successful completion.
PROJECT EXPERIENCE
Madera County Jail Annex
New Modesto Courthouse
Wawona Wildland Fire Facility - Yosemite National Park, California Visalia Emergency Communications Center
Kern County - Lerdo Detention Facility Campus Infrastructure Improvements CDCR Statewide Master Plan for 12 Original Prisons
Tulare County Correctional Facilities - Wastewater System Improvements
STRUCTURAL ENGINEERING
Crosby Group has been a trusted team member with a long history of successfully collaborating with various City, County, State and Federal agencies on a wide variety of police and public safety projects.
This includes the Fremont Police Headquarters Building Retrofit, Fairfield Police Department Renovations, San Mateo County Regional Operations Center, and American Canyon Police & Fire Facility, as well as on a variety of projects with dozens of California cities and counties over the past 29 years. Through this experience, we have developed police facility expertise to understand and address the nuances and complexities of police station rehabilitation and renovation projects in occupied, operational, and secure facilities. They have practical experience with the spectrum of structural systems used on police stations and essential services facilities and we understand and proactively address these critical concerns such as phasing to maintain continuous operations, coordination with architectural and MEP systems to minimize conflicts, and selection of structural systems to meet the project’s flexibility, durability and maintenance requirements.
PROJECT EXPERIENCE
Fremont Police Headquarters Seismic Retrofit,
Fremont, CA
Fairfield Police Department Renovations,
Fairfield, CA
Belmont Police Department & City Hall
Renovation & Retrofit, Belmont, CA
San Mateo County Regional Operations Center,
Redwood City, CA
Folsom Police Department Remodel, Folsom, CA
Atwater Fire Station #2 & Police Detective
Substation & EOP Center, Atwater, CA
American Canyon Police and Fire Facility,
American Canyon, CA
Benicia Police Department Building Needs
Assessment, Benicia, CA
Berkeley Traffic Bureau Police Substation Seismic
Retrofit, Berkeley, CA
Exhibit A -- Page 34 of 62
124
Section 8 I.
24 CITY OF FOWLER POLICE HEADQUARTERS
RESUMES
Larry Hlavacek AIA
PRINCIPAL-IN-CHARGE/PUBLIC SAFETY SUBJECT MATTER EXPERT As National Director of Public Safety, Larry Hlavacek brings his proven leadership and expertise in the planning and design of public safety facilities of his 28-year career back to Dewberry. A recognized national expert, he brings his leadership in realizing the client’s vision by delivering innovative, operationally efficient, flexible, and future-ready solutions to Dewberry’s robust public safety design team. Coordinating national efforts in planning and design for police, fire, and emergency operations, Larry’s collaborative approach focuses on developing professional work environments that support mission critical operations and health and wellness improving career development and staff retention of first responders.
Bakersfield Police Department Needs Assessment and Site Feasibility Study, CA.
Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.
Johnson County Municipal Facilities Programming and Master Plan Study, KS.
Study includes existing facility assessments of county facilities, provided staffing analysis, utilization of space, evaluating data from the previous 5-10 year time periods to establish trends, planned growth, programming, space planning, staffing analysis, space allocation diagrams, and adjacent diagrams for all related justice and public safety departments.
Oswego Police Headquarters and Training Facility, IL*. A new 72,900 SF police statio features a police training center with a downrange tactical firing range, combat training mat room, fitness center, emergency operations center, and training classrooms.
Police operations are enhanced by the professional and collaborative workspaces for Administration, Records, Investigations, Patrol, and Traffic and expanded and enhanced areas for equipment storage, evidence processing and storage, and jail. $25.7m (est.) North Slope Borough Public Safety & Integrated Behavioral Health Facility, AK* A new 115,000 SF facility to provide services for Alaska’s entire North Slope Borough.
The Public Safety building includes a Police Station (Emergency Communications, Investigations, Operations, and Support), Jail, and Behavioral Health Services (Outpatient Clinic, Administration, Prevention Services, Residential Treatment, and a Traditional Room for community engagement).
ADDITIONAL EXPERIENCE:
• Romeoville Village Hall and Police Headquarters Planning Study and Implementation, IL
• Glen Ellyn Police Headquarters Planning Study and Implementation, IL • Hanover Park Police Headquarters Planning Study and Implementation, IL • Lawton Public Safety Complex Planning Study and Implementation, OK • Brecksville Police and Jail - Programming and Schematic Design, OH • DeKalb Police Headquarters, IL
• EDUCATION
MS Architecture, University of
Illinois
BS Architecture, University of
Illinois
• YEARS OF EXPERIENCE
Dewberry • 11
Prior • 17
• REGISTRATIONS
Registered Architect: IL, FL
• AFFILIATIONS
American Institute of Architects
International Association of
Chiefs of Police (IACP)
• PUBLICATIONS +
PRESENTATIONS
Workshop Presenter,
“Planning-DesigningConstruction of Police
Facilities, IACP, 2021
Author, “Pandemic Design
Considerations for Police
Facilities” Blog, 2020
Co-Speaker: “Future Ready
Design for Law Enforcement:
The City of DeKalb Police
Headquarters”; AIA Academy
of Architecture for Justice Fall
2015 Conference
Speaker, “Protecting Those
Who Protect: How Your Police
Station Can Keep Officers
Safe”, Midwest Security &
Police Conference, 2015
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
Exhibit A -- Page 35 of 62
125
Section 8 I.
25 William Oren AIA, NCARB
PROJECT MANAGER
As Project Manager, Will brings 14 of years of architectural practice and production experience as well as 2 years of construction management experience. Having a completed domestic and international projects, Will’s focus has been on managing complexity, enhancing collaboration, and optimization through the use of software. As a licensed architect in California, Will has worked with a number of public agencies for the construction of new space or the improvement of existing space and has demonstrated success in balancing budget, project delivery and performance.
Bakersfield Police Department Needs Assessment and Site Feasibility Study, Bakersfield, CA. Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.
Garden Grove City Hall Security Assessment, Garden Grove, CA. Facility renovation to department counters, information counter, and meeting rooms, as well as security upgrades to cameras, first floor door access, and panic/duress systems.
Stanislaus County - Empire Library, Modesto, CA. Project Manager/Project Architect for a new community library to include program areas for adults, teens, and children, offices, a community room, which opens to a secure outdoor community gathering space.
Stanislaus County Health Services Agency/Public Health Facility, Modesto, CA.
Project Manager providing programming, master planning, and bridging design for a new, two-story building to co-locate the administration and public health functions of the County’s Health Services Agency.
Building Annex Renovation, Gilroy, CA. Project Manager providing programming and design for building upgrades/improvements for the City Annex Building.
Yolo County Historic Courthouse Improvement, Woodland, CA*. Project Manager for a building restoration and Probation Department tenant improvement.
Responsibilities included design, drawings, consultant coordination, code approvals and historic compliance and budget tracking.
Clifford L. Allenby California State Office Building, Sacramento, CA*. Work included close coordination with the Office of State Fire Marshal and Division of the State Architect for code verification and approval as well as consultant and contractor coordination throughout the design-build delivery.
Solano Transportation Authority Architecture Program, Suisun City, CA*.
Project Programming and schematic design for Solano Transportation Authority’s new headquarter office building.
*with Prior Firm(s)
• EDUCATION
Master of Architecture,
University of California,
Berkeley
AB, Psychology Environment,
Harvard University
• REGISTRATIONS
Registered Architect • CA
NCARB
• YEARS OF EXPERIENCE
Dewberry • Since 2019
Prior • 12
• AFFILIATIONS
American Institute of Architects
• PERCENTAGE OF TIME ON
THIS PROJECT: 40%
Exhibit A -- Page 36 of 62
126
Section 8 I.
26 CITY OF FOWLER POLICE HEADQUARTERS
Mario Barrientos
DESIGNER
Mario will work closely with the Project Manager and planning team to develop the necessary presentation documents, research building construction and code issues that may affect the plan, and work closely with the engineers and cost estimators throughout the study process.
EXPERIENCE WITHIN LAST THREE YEARS:
Bakersfield Police Department Needs Assessment and Site Feasibility Study, Bakersfield, CA. Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.
Garden Grove City Hall Security Assessment, Garden Grove, CA. Facility renovation to department counters, information counter, and meeting rooms, as well as security upgrades to cameras, first floor door access, and panic/duress systems.
Orange County - Aliso Viejo Sheriff’s Station Remodel, Aliso Viejo, CA. Assessment of and design renovation for approximately 18,000 SF of space, including renovation of locker rooms, reconfiguration and re-purposing of office spaces and work areas, and new carpet paint and furniture in most areas.
Orange County Sheriff’s Department Headquarters Remodel, Santa Ana, CA.
Renovation of mens and womens locker rooms at OCSD’s headquarters to improve accessibility.
Orange County Central Mens and Womens Jail Upgrade, Santa Ana, CA.
Renovation and reconfiguration of offices for OCSD Command Division. Upgrade to staff spaces affected both mens and womens areas, and included interior finishes, furniture, mechanical and plumbing systems.
Washoe County DNA Lab Tenant Improvement Renovation, Reno, NV. Needs assessment and design implementation for a new forensic science laboratory. Dewberry provided design expertise related to the morgue/lab component.
Madera County Jail Expansion Phase III, Madera, CA. A new housing wing of 20 special use beds, appropriate support spaces such as medical exam rooms, interview rooms, a training lab, and outdoor recreation space, medical staff offices.
Building Annex Renovation, Gilroy, CA. Programming and design for building upgrades/improvements for the City Annex Building.
• EDUCATION
BS Architecture, California
Polytechnic State University
• YEARS OF EXPERIENCE
Dewberry • Since 2018
Exhibit A -- Page 37 of 62
127
Section 8 I.
27 Ryan W. Carlson, PE, LEED AP BD+C
MECHANICAL ENGINEER
An industry professional since 1996, Ryan spent his early career as a design engineer working for a design build mechanical contractor. His close interaction with field personnel set a foundation for practical, efficient and sustainable designs. Ryan is licensed as a Mechanical Engineer in five states and is recognized by the U.S. Green Building Council as a LEED Accredited Professional for Building and Construction. Ryan’s wide-ranging experience includes projects such as large hospitals, institutional buildings and school campuses.
• 911 Room, Bakersfield Police Department, Bakersfield, CA • New Southwest Police Station, City of Fresno, CA
• Air Handler Unit Replacement, Police Headquarters, City of Fresno, CA • Police Station, City of Madera, CA
• Police Sub-Station, City of Visalia, CA
• HVAC and Plumbing, Clovis Unified School District - District Wide Facilities, Clovis, CA
• Assessment Fresno County Juvenile Justice Facility, Fresno County, CA • Public Services Building, Kern County, CA
• HVAC Assessment, Kern High School District Wide Facilities, Kern County, CA • Mira Monte High School, Kern High School District, Kern County, CA • Meadows Field Airport Terminal Building, Kern County, CA • New Fresno County 6-Story Jail, Fresno County, CA
• Selma Police Station, Selma, CA
• EDUCATION
BSME, Energy Emphasis,
California State University,
Fresno
• REGISTRATIONS
PE • CA, ND, AK, TX, OR
Green Globes Professional
Guiding Principles Compliance
Professional
• YEARS OF EXPERIENCE
24 • AFFILIATIONS
American Society of
Heating, Refrigerating, and
Air Conditioning Engineers
(ASHRAE)
Member, Two Time Past
President San Joaquin
Chapter, Board of Governor,
Region X Chapters Regional
Conference Chairman
Department of Mechanical
Engineering Advisory Council
Past Chair Department of
Mechanical Engineering
Advisory Council
American Council of
Engineering Companies
(ACEC) – Past President, San
Joaquin Chapter
American Society of Plumbing
Engineers (ASPE), Member
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 38 of 62
128
Section 8 I.
28 CITY OF FOWLER POLICE HEADQUARTERS
Steve Eastman, PE
ELECTRICAL ENGINEER
Steve ensures all facets of project planning are complete, from the most advanced AV system integration project to Voice/Data Infrastructure design. Manufacture certified designers provides customers confidence that their project will be undertaken and completed in the best way possible. All designs incorporate industry standard equipment and are designed to for future upgrade and expansion as technologies change. • Fleet Services Building, City of Bakersfield, CA
• North Annex Jail Expansion, County of Fresno, CA
• Animal Control Facility, Kern County, CA
• Public Services Building, Kern County, CA
• Public Health Building, Kern County, CA
• Sheriff’s Department Remodel, Bakersfield, CA
• New Administration Building, Selma-Kingsburg-Fowler Sanitation District • New Administration Office, Visalia, CA
• New Police Facility, City of Tulare, CA
• Tulare City Hall Remodel and Addition, City of Tulare, CA • Tulare County Women’s Detention Facility, Visalia, CA • Tulare County Courthouse Addition, Visalia, CA
• Tulare County Government Plaza, Visalia, CA
• Sequoia Field Programming Facility, Tulare County, CA • Fire Station No. 56, City of Visalia, CA
• Fire Station No. 53, City of Visalia, CA
• Fire Station Remodel, City of Kingsburg, CA
• New Fire Station, City of Kingsburg, CA
• Rosamond Fire Station, Kern County, CA
• EDUCATION
BS Electrical Engineering,
University of the Pacific –
Stockton, CA
• REGISTRATIONS
PE: CA
• YEARS OF EXPERIENCE
20+ years
• AFFILIATIONS
Illuminating Engineering
Society of North America,
National Fire Protection
Agency
• PERCENTAGE OF TIME ON
THIS PROJECT: 30%
Exhibit A -- Page 39 of 62
129
Section 8 I.
29 Patrick Crosby SE, LEED AP, DBIA
STRUCTURAL ENGINEER
Patrick Crosby established the Crosby Group in 1992 and serves as President and Managing Principal. With over 35 years of experience serving the public sector, including 28 years in the design and construction of police and justice facilities, he is intimately familiar with the needs and requirements of local County agencies, as well as the specific regulatory and design requirements of essential services facilities in California. He has assisted numerous Cities and Counties throughout the State and understands their fiscal constraints not only in capital construction, but in long-term maintenance. To meet these challenges, he is involved on the front-end of design to understand the client’s needs and constraints and develops a design that provides cost-effective yet creative solutions with an emphasis on durability and minimal maintenance.
Benicia Police Department Building Needs Assessment, CA. Needs Assessment of the Benicia Police Department building. The scope included a site investigation, a review of available documents, evaluation of code requirements and cost triggers, an ASCE 41 Tier 2 structural evaluation of structural and non-structural components to validate existing structural integrity, evaluate options for inclusion of an Emergency Operations Center, assistance in the development of cost estimates and preparation of a Seismic Integrity Assessment Report.
San Mateo County Regional Operations Center D/B, Redwood City, CA. A new twostory, 37,000sf Regional Operations Center. Designed as an Essential Services building, this 24/7/365 state-of-the-art facility brings the County’s essential services operations into a united command center including the Emergency Operations Center (EOC), Office of Emergency Services (OES), and Data Center, along with large flex spaces, offices, kitchen and break room, training rooms, and locker rooms/showers, generator, communication antennas all in a secure facility, $64.5m Fremont Police Evidence Storage Assessment, CA. Provided evaluation and assessment for a new 1-story Evidence Storage Facility for the City. The scope included a site investigation, a review of available documents to assess existing conditions, the development of three schematic design options illustrating potential solutions, the development of one final schematic design along with cost estimates. $860,000.
Fremont Police Headquarters Building Seismic Retrofit, CA. Seismic retrofit of this occupied three-story, 75,000 square foot police facility for the City of Fremont originally constructed in 1993. This essential services building houses the City’s only 911 dispatch center and is situated near the Hayward Fault. Our design brought the current structure up to an ‘Immediate Occupancy’ level, minimized the impact to critical functions, and implemented a phasing schedule that allowed the building to remain fully occupied and operational throughout construction. $8.5m Contra Costa County Admin Building & Historic Police Building Master Plan, Martinez, CA. Structural evaluation to identify optimal sites for the County’s new 80,000sf Admin Building, as well as provide a structural assessment of the historic police building.
• EDUCATION
BS Civil Engineering, Santa
Clara University
Graduate Work at the
University of California,
Berkeley
• YEARS OF EXPERIENCE
41 Years
• REGISTRATIONS
Professional Engineer -
Civil: CA
Professional Engineer -
Structural: CA
• AFFILIATIONS
2019-2022 Industry Advisory
Group, US State Department,
Overseas Buildings Operation
National Board Member,
Design Build Institute of
America
Structural Engineers
Association of Northern
California
International Code Council
American Concrete Institute
American Institute of Steel
Construction
• PERCENTAGE OF TIME ON
THIS PROJECT: 30%
Exhibit A -- Page 40 of 62
130
Section 8 I.
30 CITY OF FOWLER POLICE HEADQUARTERS
Tamara Clarke AIA, LEED AP BD+C, WELL AP
QUALITY CONTROL
Tamara is a principal of the firm and will be responsible for leading the quality control initiatives for your project. In her 32+ years of experience, Tamara has been involved with every aspect of architecture, contributed to engineering disciplines, and worked on design-build, construction-manager-at-risk, and design-bid-build projects. Her projects are renowned for meeting tight budgets and schedules while providing outstanding architectural services that are informed by best practices and design excellence. Her leadership and commitment to a team approach help drive consensus building and mutual responsibility.
EXPERIENCE WITHIN LAST THREE YEARS:
• EDUCATION
BS Design/Architectural
Studies • Arizona State
University
• REGISTRATION
Registered Architect: CA, AZ
LEED Accredited Professional
WELL Accredited Professional
• YEARS OF EXPERIENCE
Dewberry • 1
Prior • 32
• AFFILIATIONS
American Institute of Architects
California State Sheriff’s
Association
American Jail Association
American Correctional
Association
• PUBLICATIONS +
PRESENTATIONS
Contributor, “California Building
Code (CBC I-# Interpretive
Manual”) in partnership with
the Office of the State Fire
Marshal, 2018
Speaker, “Creating Futures
through Owner Involvement”,
Corrections Summit, Sept 2018
Speaker, “Sustainable Design
in Corrections” Corrections
Summit West, Nov 2013
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
North Slope Borough Public Safety & Integrated Behavioral Health Facility, Utqiagvik, AK* A new 115,000 SF facility to provide services for Alaska’s entire North Slope Borough. The Public Safety building includes a Police Station (Emergency Communications, Investigations, Operations, and Support), Jail, and Behavioral Health Services (Outpatient Clinic, Administration, Prevention Services, Residential Treatment, and a Traditional Room for community engagement).
Solano County - Main Jail Booking Center Improvements Study, Fairfield, CA.
Facility assessment, concept design, and cost estimating to address issues regarding operational flow and capacity including: ADA compliance, inmate waiting/interview areas office safety, arresting officer access to secured sheriff staff areas.
Madera County Jail Expansion Phase III, Madera, CA. A new housing wing of 20 special use beds, appropriate support spaces such as medical exam rooms, interview rooms, a training lab, and outdoor recreation space, medical staff offices.
San Francisco Police Department Traffic Company and Forensic Services Division Facility, CA* A new 110,000 SF facility for the Forensics Services Division and Traffic Company (Motorcycle Patrol). Program includes Forensic Laboratories, Laboratory Support spaces, Evidence/Crime Scene Labs, Test Fire Range, Administrative Offices, Investigations, Operations, Vehicle Fleet, and Impound Lot. LEED Gold is anticipated.
Completion is expected in 2021.
ADDITIONAL EXPERIENCE:
San Mateo County Maple Street Correctional Center, Redwood City, CA* This 276,000 SF facility with 832 beds serves a mixed population of long-term and short-term inmates with a wide variety of spaces and amenities for a range of programs appropriate to the needs of each specific group. $164m.
Santa Cruz County Criminal Justice Complex, Nogales, AZ* This 166,000 SF facility combined Juvenile Detention, Adult Detention, Probation, Courts, and Sheriff’s Office into a single facility in the urban setting of southern Arizona. *with Prior Firm(s)
Exhibit A -- Page 41 of 62
131
Section 8 I.
31 Rod McNeely PE
CIVIL ENGINEER
Rod McNeely has over 25 years of experience as a civil engineer. His responsibilities include design and plan preparation for both private developments and municipal construction projects. Mr. McNeely has extensive experience in the design and preparation of improvement plans and bid specifications for site developments, grading and drainage, municipal utilities, and streets. He is also skilled in construction inspection, field sampling, and laboratory testing.
Madera County Jail Annex, Madera, CA, Project Manager. Mr. McNeely served as the project manager responsible for the preparation of onsite and offsite civil engineering construction documents for the Madera County Jail expansion. The expansion consists of a new 12,000 square-foot administration and visitation building, a 40,000 squarefoot two-story jail housing addition building, and a 2,400 square-foot central plant and associated site improvements.
New Modesto Courthouse, Modesto, CA, Project Manager. Mr. McNeely is serving as the Project Manager for the civil engineering and land surveying services as part of the design of a new 300,000 square-foot, eight story courthouse building in downtown Modesto. Site development will include razing an entire city block and redeveloping for the new courthouse and site parking. The project tasks include site acquisition support, schematic design, design development, preparation of construction documents, and project bidding and construction administration assistance.
Wawona Wildland Fire Facility, Yosemite National Park, California, Project Manager. As a subconsultant to the project architect, Mr. McNeely managed the land surveying and site civil engineering design services for a new 6,500-square-foot- fire station and operations building at Wawona in Yosemite National Park. The facility design includes three apparatus bays and an area designed to sleep a crew of five people and management staff. Project tasks included design surveys, flood plain and building finish floor evaluation, on-site civil engineering design, preparation of construction documents and cost estimates, and coordination of geotechnical investigation.
Fresno Bus Rapid Transportation Corridor, City of Fresno, California, Project Manager– Mr. McNeely was the project manager for the Fresno Bus Rapid Transportation Corridor Plan. He was responsible for coordinating supplemental field surveys, assisting in the development of the BRT station location Concept Plan, conducting detailed plans, specifications and estimate reviews (PS&E) on behalf of the City of Fresno, oversight of utilities relocations, value engineering evaluation, and permitting support for design.
Yosemite Lodge Complex Site Plan and Schematic Design, Yosemite National Park, California, Project Engineer - Mr. McNeely served as Provost & Pritchard’s Project Engineer on a team primed by Siegel & Strain Architects and John Northmore Roberts & Associates Landscape Architects to complete a planning study and alternatives analysis for the West side of the Yosemite Lodge campus. The study provided solutions for several issues related to intermodal congestion and conflicts, a lack of arrival and sense of place and lack of visitor services for the new Day Use Parking Lot. • EDUCATION
B.S. Civil Engineering,
California State University,
Fresno
• REGISTRATIONS
Civil Engineer: CA
• AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Public Works
Association, President of
Central California ChapterKern Branch
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 42 of 62
132
Section 8 I.
32 CITY OF FOWLER POLICE HEADQUARTERS
Chris Allred ESS
SECURITY AND TECHNOLOGY DESIGNER
Chris has 18 years of professional experience and is a skilled Security Designer. He has vast experience in the application of physical security designs in the corrections and detention environment and obtained his Electronic Safety & Security credential from BICSI in 2013.
EXPERIENCE WITHIN LAST THREE YEARS:
Madera County Juvenile Hall Facilities Needs Assessment, Madera, CA. Facilities Condition and Needs Assessment (FCNA) services for the existing Juvenile Detention Facility’s electronic security system and HVAC system. The final analysis will be utilized for prioritizing improvements to the electronic security system and HVAC system as well as assisting with allocating budgets and potentially making recommended improvements.
Orange County Sheriff’s Department - IRC and Theo Lacy Jail Security Electronics Replacement, Orange, CA. Replacement of existing integrated jail controls systems at Theo Lacy Facility and the Intake Release Center. Included systems are Programmable Logic Controllers (PLC), Control Room graphic touchscreen control panels, and the Intercom System and architectural millwork.
Stanislaus County EOC Electronic and Physical Security Upgrades, Modesto, CA.
The project includes reconfigured parking lot; upgrade CCTV system and card reader system; evaluate exterior storage; and design perimeter, high security fencing at the Emergency Operations Center The building serves as the emergency dispatch center for both the City of Modesto and Stanislaus County. First phase includes a physical security assessment then design the improvements necessary.
Lubbock Police Substations, Lubbock, TX. Design of three Police Substations to help the city decentralize their downtown police station and to increase their presence throughout the community.
Lawton Public Safety Building, Lawton, OK. Study and implementation of a new 100,000 SF facility to house the City’s police headquarters, central fire station, a large city jail component and municipal courts.
Sand Springs Public Safety Facility, Sand Spring, OK. A Facility Needs Assessment to document current deficiencies and program needs as well as projected staff and area increases over 15 years for the Police, Fire, and Municipal Court departments. Design implementation was developed for a new facility.
Sutter County Main Jail Expansion, Yuba City, CA. A 20-year site master plan, which planned for 650 beds over three phases. The first to be implemented was a $9m construction addition and renovation of special housing, medical, mental health and kitchen. The AB900 funded project will add 42 total beds, (28 maximum security male beds and 14 medium security female beds).
ADDITIONAL EXPERIENCE:
Calaveras County Jail and Sheriff’s Administration, San Andreas, CA. This new adult detention facility contains 160 inmates in double-bunked cells. The $44-million facility includes support and programming spaces, a Sheriff’s Administration Building, E911 Dispatch Center and Emergency Operations Center.
• EDUCATION
Associates Degree, CAD
Technology, ITT Technical
Institute
• YEARS OF EXPERIENCE
Dewberry • Since 2012
Prior • 11
• AFFILIATIONS
Building Industry Consulting
Services International
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
Exhibit A -- Page 43 of 62
133
Section 8 I.
33 Abhi Choukse VMA, CEP
ESTIMATING MANAGER
Abhi is a Sr. Estimator with significant amount of field experience, making him an asset to design and engineering teams. As a Sr. Cost Estimator, Abhi is well versed in delivering estimates at all levels of design, from concept through construction documents, as well as with all design types. He is well versed and knowledgeable in estimating architecture, structural, and civil engineering, along with various MEP systems. Abhi understands lifecycle costs and value engineering and is a valuable participant in those exercises.
Abhi’s project experience spans a wide range of typologies, locations and client types.
As specialist cost estimator, Abhi has experience leading estimating efforts all facets of building systems design. In addition to public municipal projects, Abhi has led the estimating process for complex performing arts, federal government, and higher education undertakings across the country.
• City of Garden Grove: City Hall Security
• City of Garden Grove: Garden Grove Police Department Needs Assessment • City of Laguna Niguel: Crown Valley Community Park Building • City of Long Beach: Bixby Park Community Center Upgrades • City of Long Beach: Houghton Park Community Center, Demolition and Center Improvements
• City of Long Beach: MacArthur Park Community Center Roof • City of Long Beach: MLK Community Center Improvements • City of Long Beach: Police Department Forensic Laboratories at 1400 Canal Street • City of Los Angeles: Citywide Maintenance Yard Facilities Assessment • Federal Bureau of Prisons: Big Spring, Structural Assessment • Metropolitan Water District of Southern California (MWD of So CA): Building Voluntary Seismic Renovation
• MWD of So CA: Final Design of USHQ Voluntary Seismic Renovation and Building Improvements
• MWD of So CA: Smoke and Fire Alarm Systems
• UC Irvine: Reines Hall Flammable Storage Room
• UC Irvine: Student Center Kitchen
• EDUCATION
M.S. Construction
Management , Michigan State
University
B.E. Civil Engineering
S.S. College of Engineering
and Technology, India
• YEARS OF EXPERIENCE
6 Years
• CERTIFICATIONS
Value Methodology Associate
SAVE
Certified Estimating
Professional
AACEI
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 44 of 62
134
Section 8 I.
34 CITY OF FOWLER POLICE HEADQUARTERS
Jennifer Betancourt, AIA, WELL AP, LEED AP BD+C
SUSTAINABILITY/LEED SPECIALIST
Jennifer is the Corporate Sustainability Leader for Dewberry, nationally. She leads the Sustainability Program for the architecture practice and assists the engineering practice. In addition to being an Architect and a Project Manager, she consults with teams around the country on LEED, net zero energy, and projects with aspirational sustainability goals. Jennifer is a LEED Accredited Professional with specialization in Building Design & Construction.
Countryside City Hall & Police Department, Countryside, IL, Architect/LEED Specialist. A new combined facility that is targeting a LEED Silver certification.
Goals for the project are to create better work flow and secured areas for the city and police department staff, while also creating an inviting civic facility that can act as a stimulus for new development in the area. This is the first net zero energy municipal project in the State of Illinois.
Glen Ellyn Police Headquarters, Glen Ellyn, IL, Architect/Sustainability Specialist. A new police headquarters that includes a community room, records, patrol, booking & holding, evidence processing, locker rooms, break area, and a fitness room. Also includes administrative and investigations and building support spaces.
East Dundee Municipal/Police Complex, East Dundee, IL, Architect/LEED Specialist. Restoration of an existing village hall (circa 1891), adding a two-story corner addition and adaptive reuse of a fire station to become the community’s police facility. LEED Gold.
Deerfield Public Library, Deerfield, IL, Project Manager/Sustainability Specialist. Full renovation and two separate additions. The completed project totals 41,500 SF and features a 150-seat meeting room which divides into three separate rooms, a technology training room, multiple private-study rooms, a children’s pavilion, a hotel-like lobby space complete with a fireplace and integrated sustainable design.
Northern Illinois University Stevens Building, DeKalb, IL, Project Architect/ LEED Specialist. Dewberry performed Program Analysis and Schematic Design services for the additions and renovations to the Stevens Building. The resulting design creates a separate identity for the unique departments that share the building. This project was designed to achieve LEED Silver Certification.
University of Illinois at Chicago, Chicago, IL, Project Manager/LEED Specialist.
This new 57,000 SF engineering research building for UIC will accommodate three engineering departments, including research labs, a high-bay structural testing lab, a maker space, chemical engineering wet labs, and other student/faculty spaces.
Targeting LEED Gold certification.
City of Durango Water Treatment Facility Administration Building, Durango, CO, New administration building built as part of a waste water treatment complex in need of expansion and upgrade in order to meet increasing regulatory demands.
• EDUCATION
BA • Architecture •
University of Arizona
• REGISTRATIONS
RID • IL
RA • IL, MI, CO
LEED AP BD+C
WELL AP
• YEARS OF EXPERIENCE
Dewberry • 13
Prior • 6
• AFFILIATIONS
National Council of
Architectural Registration
Boards (NCARB)
American Institute of
Architects (AIA)
U.S. Green Building Council
(USGBC)
Green Business Certification
Inc. (GBCI)
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 45 of 62
135
Section 8 I.
35 Annette Manz
COMMUNITY ENGAGEMENT SPECIALIST
Annette is a results-oriented professional with over 30 years’ experience in a diverse range of business management applications, including public relations, community engagement, market analysis, brand and market strategy, and business development. She excels at relationship building with all levels of management and community members.
Annette leads outreach efforts using a variety of communication strategies which include identifying and managing stakeholder groups, facilitating community and other stakeholder meetings, creating and managing outreach campaigns, media involvement, social media, print collateral, project hotlines, database management, website development and maintenance, development of interactive tools, and 3-D renderings, virtual meeting spaces, and simulation videos.
Prior to joining the Dewberry | Drake Haglan team, Annette was President of VisionWise Marketing & Events and focused on full scale marketing solutions, event management, strategy implementation, community outreach, design and campaign execution for clients throughout California. Annette’s company represented organizations such as the City of Folsom, Folsom Historic District, Folsom Chamber of Commerce, and Rancho Cordova Chamber of Commerce, Harris Center of the Arts, and Sacramento River District.
Placer County | Walerga Road Bridge Replacement: As the, Public Outreach Manager, Annette is leading all outreach efforts as Walerga construction began in early 2019. Outreach tasks include strategy planning, stakeholder database, website development and maintenance, project hotline, community comments, collateral development, social media, press releases, ground breaking, and grand opening events.
Stanislaus County | Hickman Road over Tuolumne River Bridge Replacement:
Annette is leading all public outreach eff¬orts for the Hickman Road Bridge project.
Detailed tasks related to this eff¬ort include kick-off¬ meetings, identification and management of stakeholders, development of a project website, project hotline, regular newsletter notifications, media announcements, and stakeholder meetings which will be on-going until completion of the project.
City of Rancho Cordova | Cordova School Zones: The City of Rancho Cordova received state grant funding from the Sacramento Council of Governments (SACOG) to provide specific safety improvements at six elementary schools. The City is currently preparing plans for construction in Summer of 2021. Annette developed and implemented an online engagement survey to education the community and gather their input and support for needed improvements in the community that surround local elementary schools.
City of Manteca | SR 120/Union Road Interchange: Annette’s outreach efforts on this project require multiple layers of communication. The SR 120/Union Road Interchange is the first Diverging Diamond Interchange (DDI) in the State of California. This project receives a high level of exposure. Meetings, website development, implementation and updates, press releases, social media updates, and regular email and electronic newsletters will be used to keep the community updated on the project. A unique outreach element with this project involves the creation of a simulated video to educate the community on how to navigate through the DDI.
• EDUCATION
BS Business (Business
Administration and
Marketing concentrations);
Communication Minor -
California State University
- Sacramento (1988)
Western Association of
Chamber Executives 2012
& 2013
• YEARS WITH DEWBERRY |
DRAKE HAGLAN
3 Years
• AFFILIATIONS
APWA Sacramento Chapter
Member
Folsom Chamber of
Commerce, Board Member
- 2009 to 2015
Folsom Chamber of
Commerce Member
Folsom Historic District
Member
Sacramento Metro
Chamber
Folsom Leadership Program
Graduate 2014
Exhibit A -- Page 46 of 62
136
Section 8 I.
SECTION 3: References
References
Exhibit A -- Page 47 of 62
137
Section 8 I.
37 REFERENCES
BAKERSFIELD POLICE DEPARTMENT
Captain Jeremy Blakemore
P: 661.326.3835 | E: [email protected]
Project: Police Department Space Needs Study
Cost: N/A (study only)
GARDEN GROVE POLICE DEPARTMENT
Lt. Michael Viscomi, East Division Watch Commander
P: 714.741.5999 | E: [email protected]
Project: Police Department Planning Study + City Hall Improvements Cost: $1M
BENICIA POLICE DEPARTMENT
Michael Greene, Operations Captain
P: 707.746.4248 | E: [email protected]
Project: Police Department Needs Assessment Study
Cost: N/A (study only)
STANISLAUS COUNTY, CA
Patricia Hill Thomas, Chief Operating Officer
P: 209.609.4334 | E: [email protected]
Project: Public Safety Facilities Expansion
Cost: 87 M
Dewberry’s continuing interest in finding a solution for the Village’s facility needs has earned the trust and
respect of Village staff and leadership.
- BOB ACTON, (RETIRED) DEPUTY CHIEF
GLEN ELLYN POLICE DEPARTMENT
I would not hesitate to recommend Dewberry Architects as an Architect-of-Record for any future projects with Stanislaus County or other Justice or Civic-related projects.
- ADAM CHRISTIANSON,
SHERIFF-CORONER (RETIRED)
STANISLAUS COUNTY, CA
...our department’s experience with Dewberry
was nothing short of phenomenal.
- DENNIS BALDWIN, ASST. CITY MANAGER
CITY OF KILLEEN, TX
If you are considering selecting Dewberry for future
work, I would not hesitate to recommend the firm.
- JEANNE M. BOYCE
FORMER COUNTY ADMINISTRATIVE OFFICER
CALAVERAS COUNTY, CA
Exhibit A -- Page 48 of 62
138
Section 8 I.
SECTION 4: Contract Terminations
Contract Terminations
Exhibit A -- Page 49 of 62
139
Section 8 I.
39 CONTRACT TERMINATIONS
Dewberry has not experienced any such termination for
default or early termination in the past five (5) years.
Exhibit A -- Page 50 of 62
140
Section 8 I.
SECTION 5: Project Understanding
Project Understanding
Exhibit A -- Page 51 of 62
141
Section 8 I.
41 What the Dewberry Architects Inc.
team “brings to the table” and the
related “skills and experience”
that will “benefit” the City of
Fowler
It is our understanding the City desires a consultant with skills and experience in:
• The design of numerous municipal police
departments with a design that emphasizes
community oriented policing; and
• Community and stakeholder engagement in
developing facility program, particularly in
engaging diverse and historically underrepresented
communities to determine needs; and,
• Conducting historic assessments of existing facilities, their condition, any deferred maintenance, and
determining if reuse is possible; and,
• Sustainable construction and operating practices as
well as obtaining LEED or equivalent certifications;
and,
• DOJ and other regulations for evidence storage,
physical security, in-custody processing, and other
law enforcement requirements; and,
• Design of police facilities that also include community engagement facilities such as community rooms,
training rooms, commercial kitchen, and associated
facilities.
The Dewberry projects and team which we have included
within the proposal represent these six (6) “skills and experience” necessary to provide the City of Fowler with the “best value, in a timely fashion and to complete the proposed Project, as follows:
1. The design of numerous municipal police
departments with a design that emphasizes
community oriented policing; and,
Our designs involve the use of multiple strategies focused on community oriented policing.
Organizational Transformation Strategy– Deals with how
the police-community relationships can change the
attitude of the community. This requires decentralization
PROJECT UNDERSTANDING
of resources to give the police department a better
understanding of the neighborhood, by frequent
contact between the police and community. How is this
accomplished through design, a community room and
training rooms that can be used by both the police and
community.
Another strategy would be to provide a volunteer
community led public safety approach by creating a
space for these volunteers to support dispatch, crime
scene forensic a, record keeping and other administrative duties.
Community Partnerships Strategy – Our designs develop
a strong relationship between the community and
police. The architecture of the building design reflects the culture of the community through its use of material, style, and historical elements. Vital community resources are often included to encourage community interaction
such as meeting rooms, public plazas, and community
kitchens. In these ways, your facility design promotes
strong partnership between your organization and the
community
Problem Solving Strategy – Dewberry’s law enforcement
planning expertise allows us to identify project challenges and provide innovative solutions that support community oriented policing initiatives while maintaining operational efficiency, safety, and security. Our designs optimize the ability to engage the community through efficient designs that minimize square footage and reducing costs.
2. Community and stakeholder engagement
in developing facility program, particularly
in engaging diverse and historically
underrepresented communities to determine
needs; and,
Reaching out to traditionally underrepresented groups
is an essential step in maintaining a successful project outcome. Dewberry uses a powerful software tool to gain a deep knowledge of the community, and then implement
those ideas into the design. As mentioned above,
including a community/training room, a kitchen space
and volunteer spaces always go a long way to involve
the community including public plaza space for outdoor
events that also provide additional security.
3. Conducting historic assessments of existing
facilities, their condition, any deferred
maintenance, and determining if reuse is
possible; and
Exhibit A -- Page 52 of 62
142
Section 8 I.
42 CITY OF FOWLER POLICE HEADQUARTERS
We understand the prospective location for the Police
department will be Fowler Senior Center, which
appears on the California Office of Preservation Built
Environmental Recourse Directory. Though this structure is not nationally registered with the Department of
Interior, the Secretary of the Interior provides helpful guidelines for working with historically significant
structures. Dewberry has utilized these standards to
achieve operational success for stakeholders while
restoring, rehabilitating, or modernizing historically
significant structures. Working with the City and the
Fowler Police Department, we intend to bring forward the appropriate level of historic compliance to your project.
Our approach and experience when conducting a facility
condition assessment will identify “risk items” early in the project, when conducting a facility conditions assessment, especially those risk items that will potentially affect the project budget and schedule. With older structures, the impacts of implementing the “Essential Services Act”
requires identification of innovative design solutions that directly relate to keeping this project on schedule and budget. Each of these “risk items” must be identified and included in the probable construction cost during the 35% Schematic Design (TASK 1) phase.
There are several important items to note when dealing
with the “Essential Services Act”. The seismic study could require separation of the “renovated police building” from the other structures on site and upgrading to the existing structure. Another challenge could be the upgrading
of the fire and life safety systems throughout the entire building(s). We will work with the City to identify these specific items and then develop appropriate solutions.
4. Sustainable construction and operating
practices as well as obtaining LEED or equivalent
Certifications
For our LEED projects, the contractors do perform
“sustainable construction” because it is mandated by the LEED process. As far as “or equivalent certifications” we can lead LEED, Green Globes, and/or WELL certifications for projects. We are a consultant that has all that inhouse. We have Accredited Professionals in WELL and Green Globes but to-date do not have any projects that
have gone for WELL or GG).
At the Kick-off meeting, Dewberry will discuss what
goals the City desires for achieve the best practice
for implementing sustainability and LEED into your
community building. For reference, we need to consider
what the sustainability and LEED design impact your
budget.
We know sustainable buildings may be more expensive to
build but they are always cheaper to use, so if we forever view cost through the prism of upfront investment rather than the lifecycle of a building then truly sustainable projects will likely continue to be seen as too costly.
Another strategy for the selection of MEP equipment for a remodeled facility deals directly with the vendors in the area of the City staff that provide services to maintain the system. We would discuss with your team the capabilities of the local vendors and or the capabilities of the City maintenance staff, so together, we choose the equipment that can be serviced, and cost affordable.
With the above mentioned long-term operating cost
benefits, the life cycle cost of green buildings is lower than the life cycle costs of those that are not. Green
building aspects tend to have a lesser impact on costs
than other building decisions, such as which kind of
finishes and amenities the building might provide.
Sustainable design is not just about cost.
5. DOJ and other regulations for evidence storage,
physical security, in-custody processing, and
other law enforcement requirements; and
The California Building (Title 24) addresses the code
related requirements for the types of room described
above and many others. The Board of State community
and corrections (BSCC), title 15 addresses the operations of the facility, whether male, female and or juvenile are held in custody within the facility.
Dewberry understands the importance to providing
a secure and efficient evidence storage management
facility that protects the chain of custod. In addition to following the International Association of Chief of
Police (IACP) Facility Planning and Design Guidelines, our subject matter experts design evidence storage facilities according to the International Association for Property and Evidence (IAPE) Professional Standards. These
guidelines serve as a basis of design that is customized to meet your agencies specific needs and to identify critical upgrades that are necessary for your proposed facility
to accommodate a modern secure evidence storage
space.Our design team will develop a risk assessment
plan with the City and Police Department to identify and manage potential risks including terrorist or physical
attacks as seen in recent riots across the nation. The
risk management plan will identify the source of the
attack and intent, analyze historical attacks, and identify potential target locations. The results of this plan allow our team to design the site and facility to counter attacks through the use of CCTV systems, visitor screening, patrol and monitoring, secure shipping and receiving, access
Exhibit A -- Page 53 of 62
143
Section 8 I.
43 control, and alarm systems. Site and building security issues will be prioritized and addressed for the public safety facility at a conceptual level during the Schematic Design Phase. To meet these demanding challenges of an
existing downtown site, we use the “Crime Prevention
Through Environmental Design” (CPTED) doctrine, which
is considered the “Best Practice” design approach in
the security industry today. CPTED is the process of
fully integrating security within the architecture and
site design of the facility. CPTED involves three major concepts: natural surveillance, natural access control and territorial reinforcement.
It is our understand of your current facility that arrestees are taken to the Fresno County jail. However, that doesn’t mean BSCC would be involved in the review of the
design and construction of an evidence for example and
evidence is processed.
6. Design of police facilities that also include
community engagement facilities such as
community rooms, training rooms, commercial
kitchen, and associated facilities
There are several key factors that influence community
engagement facilities…
The architecture of the exterior façade – is it welcoming, is it community architecture here it fits into the community surrounding or it a cold glass looking façade that is more urban and community.
The interior spaces – again are they welcoming, do they have warm feel. Meaning well lite both with natural
and artificial light? Do that have good acoustics? It the furniture fix or is movable to allow for any type of event.
Can food be prepared on-site or does it have to be
delivered.
Are there budget issues where we design these room
to have multiple functions. Examples, can a community
room also serve as an EOC or briefing room, and if
such, how does the design accommodate the necessary
security barriers between the secure side of a police
facility and community side, and then assess by both the police staff and community
These are just of few of the considerations that the
Dewberry team has considered where design police
facilities.
Exhibit A -- Page 54 of 62
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Section 8 I.
44 CITY OF FOWLER POLICE HEADQUARTERS
PROJECT INITIATION WORKSHOP
A formal kick off meeting with the project leadership,
planning team, and City staff will be held to introduce all participants, review project scope, lines of
communication, schedule, and project budget. As well as reviewing the available record drawings, an important
part of this meeting will be a visioning exercise that
confirms and establishes system-wide priorities and
measures of success for the Police Department and the
City of Fowler. Dewberry generates formalized meeting
notes to document the decisions made and issues them
to all stakeholders as a record of this meeting. These
notes become the basis of the project meeting minutes.
Review of Existing Documentation
Before the kick off, our team reviews all documentation provided in this RFP and requests all existing building documentation including the most recent plans
(preferably in electronic format); the most recent facility conditions reports; details related to operational costs; building/system modifications performed over time;
scheduled/budgeted projects over the next five years; and any recordkeeping associated with facility maintenance.
If available, the design team would also review all Fowler Police operational information including departmental
organizational structure, typical shift information,
call data/information, and community demographic
information for our team to have a clear understanding
of your current operations.
Facility Condition Assessment
The RFP scope of work includes a seismic study, redesign of the front entrance, designs for communications
center, creation of administration space, patrol unit
workspace, supervisors’ office, records unit workspace, conference room, and evidence room. With this scope
the intended area of work is limited to a portion of the building, however, per the requirements of the Essential Services Buildings Seismic Safety Act, evaluation work
will be necessary to uncover, verify, and likely improve the existing building structure as well as to provide
fire sprinkler coverage throughout the facility. As we
undertake the facility assessment work, our intent is to be sensitive to work completed and building standards.
We will work with your team to achieve code compliance
and operational efficiency. Our team will perform
a comprehensive evaluation of your existing public
safety facilities to fully understand the challenges your Departments face in their existing facilities, the level of investment required, and the suitability for reuse of your facilities moving forward from a physical condition standpoint.
We begin by embedding our team of architects and
engineers into your facility to verify and document
the existing conditions and develop a detailed spaceby-space description used to evaluate the facility for needed rehabilitation or expansion. Dewberry uses
nationally recognized systems of space evaluation for
law enforcement facilities developed by the International Association of Chiefs of Police (IACP) and the Commission on Accreditation for Law Enforcement Agencies (CALEA) to evaluate each department and space, creating a roomby-room analysis that identifies deficiencies in space or functional adjacency. We will also meet with facility and building managers to understand the facility history and review facility data including maintenance records, utility information, and any available architectural/engineering plans and specifications.
Deficiencies are included in a detailed report that
documents the adequacy of the existing facility and
identifying operational deficiencies. Evaluation of building systems include security electronic and HVAC systems,
electrical, plumbing, fire, telecommunication, and life safety, site utilities, emergency and backup generator
power, and drainage systems. The report also includes
PROJECT APPROACH
Exhibit A -- Page 55 of 62
145
Section 8 I.
45 existing facility photographs with captions highlighting code or adjacency issues as well as existing facility floor plan diagrams.
Space Needs Assessment
Accurately right sizing the building: Building size is not only based upon each individual space, but also upon
proper adjacencies and building circulation. This, in turn, has a direct impact on the net to gross square footage
ratio of the building and ultimately the building size. Our team designs to the building program and appropriate
support space to confirm that we have the building right sized for current and future needs.
TASK 1: 35% SCHEMATIC DESIGN
During this phase, it is critical to recognize that every design decision impacts the future phases of the project.
Dewberry begins by leading design charrettes with all
project stakeholders to discuss the relative strengths, weaknesses, and costs of the concepts. Throughout
the charrette, collaboration among all members is
encouraged and comments are documented to record
the process. These comments will be compiled into
a written summary and used to inform future design
development following the charrette. In addition to
this charrette, individual meetings with user groups
and our design team provide us additional detailed
information needed to optimize the function of the
space, confirm critical adjacencies, and develop healthy workplace environments. Our design team prepares and
evaluates the estimated cost, schedule, and procurement considerations for the developing design to understand
the impact of all decisions.
Per the requirements of the Essential Services Buildings Seismic Safety Act, this building type needs to be able to continue function after a seismic or fire event. To
determine this ability, discovery work will be required in this phase to verify the uncover the structure and verify its compliance with existing documentation and current
structural performance requirements. Developing an
understanding of the structure through Tier 1 evaluation will determine if the structure is sufficient or needs to be further evaluated in more detailed structural evaluations (Tier 2 and Tier 3 studies). Another consideration of
the Essential Services Building Seismic Safety Act is
fire protection coverage. Currently the building is not sprinklered and will require comprehensive fire sprinkler protection throughout the facility.
It is our intention that this process will include two
alternatives for site improvement, building renovation
options, and floor plans resulting in the confirmation of a single scheme for further development. These intensive
sessions serve to expedite the design process and, at the same time, achieve greater consensus among all team
members. Documents for the concept design package
will include a site plan, building plan concept, conceptual floor plans, interior elevations, building sections, along with narrative descriptions of MEP systems, equipment
lists, technology infrastructure, and material descriptions.
Our team is also prepared to evaluate the cost estimate and compare it to our historic cost data from recent
projects of similar scope and complexity giving the City the information needed to confidently move into the
next phase of design. At the end of this phase, Dewberry provides the City with a set of documents for review and a preliminary construction cost estimate and schedule.
Balancing Schematic Design Concepts
and Estimated Cost
Our team uses multiple cost control procedures and
support systems as part of our standard management
design tools for your project during every phase of
a project. To maintain the project budget, our team
evaluates the following:
Efficient MEP Systems: Public safety facilities often
require specialized and redundant mechanical, electrical, and plumbing systems that support the function of the
building. The selection of these systems, coupled with
a discussion on life cycle costs, controls, and level of institutional quality has a bearing on cost. The amount of space within the building that has redundant power,
technology, HVAC, potable water and back-up sewer will
be determined based on discussions with you.
Sustainable Design: The level of sustainable design will directly impact the cost of the facility. It could drive decisions towards innovative mechanical systems with a
higher initial cost, but improved life cycle cost. Dewberry and our subconsultants will work with the you to meet
sustainability goals in a cost-effective manner based on life cycle cost analysis.
Exhibit A -- Page 56 of 62
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Section 8 I.
46 CITY OF FOWLER POLICE HEADQUARTERS
Interior Finishes: The furniture and equipment selection is extremely important to the maintenance of the facility.
The quality levels of the floor, wall, and ceiling materials need to be assessed regarding their impact on cost,
durability, and maintainability.
Technology: Public safety facilities rely heavily on
technology for many day-to-day activities. Dewberry
will provide the necessary knowledge to design and
specify the infrastructure needed to support the
facilities technology requirements within the budgetary constraints of the project.
TASK 2: 65% DESIGN DEVELOPMENT
The design development phase is an important inflection point in the design process, where scope and budget can be aligned in order to move into an accurate construction document package. Drawings, specifications, and
budgets will be advanced to further to describe the scope of work, interior code analysis and life safety drawings, floor plans, exterior elevations, interior elevations and cross sections, landscape plans, site plan, and typical construction details will be shown and discussed.
As with all projects, budgeting accurately is important, especially with municipal clients. Budgeting and value
engineering is an important part of our design process.
We have found that working closely and collaboratively
with our estimating team, the client, and stakeholders
scope leads to the best project outcome. A collaborative budget reconciliation meeting (or meetings as necessary), will allow the design team to more deeply understand
what is most essential about the project and begin to
develop a series ala carte deductive alternates in order to bring the budget into alignment and support the vision
and needs of the Fowler Police Department. Because
many building systems are interconnected, creating
deductive alternates without an understanding of their
relationship can be problematic, this is an important step in creating a successful project.
TASK 3: 90% CONSTRUCTION
DOCUMENTS
Phasing of Construction & Utilization
Police Departments operate 24/7, 365 days per year
and it is critical to develop a construction phasing plan beginning in the preliminary design phase that minimizes any operational impact allowing continuity of services.
Our designers focus on developing designs that limit the movement of staff for construction while maintaining
facility security and safety. Clear construction
demarcations and schedules are established between
phase construction activities that protect building
occupants from construction activities including noise, dust, and odors using temporary partitions, non-peak
schedule activities, proper ventilation, and enhanced
construction site cleaning requirements.
Dewberry considers public access, construction trailer
locations, and phasing impact on the site along with
temporary construction parking, public parking, and
secured staff parking. Temporary parking may need to
be supplemented with nearby off-site parking during
construction for workers. Similarly, additional site
security measures may be needed including temporary
construction fencing and security fencing. Other phasing and utilization considerations during the planning design phase includes:
• Construction operations and layout/equipment areas
• Construction fencing and erosion control measures
• Coordination with utility companies for planned
service interruptions
• Identify locations for any temporary facilities
• Planned switchover and testing protocols developed
for technology equipment and system transfers/
relocations
• HVAC equipment replacement locations and
switchover
The Phasing and Utilization Plan becomes the critical
document needed to enable your Department’s
operations continue throughout construction while
maintaining safety and security for both staff and the
Exhibit A -- Page 57 of 62
147
Section 8 I.
47 Community. By developing these plans in collaboration with your unit leaders, the phasing and utilization plan becomes the both efficient and economical.
TASK 4: 100% CONSTRUCTION
DOCUMENTS
In this phase, comments from the plan checker are
incorporated into the project documents. We know time
is of the essence for the City of Fowler Police Department, so we have included a 6 week turnaround for plan
review and backcheck. Even though our team is expert
in accessibility, California Building Code, and Essential Services Buildings, we have found that a collaborative
relationship with the plan checkers and reviewing
engineers yields the fastest delivery and best project
results. As possible, we intend to engage the plan review agency or subcontractor early in the design process in
order to discuss the scope and code compliance and
identify any major code issues.
TASK 5: BID SUPPORT SERVICES
Once the drawings and specifications are fully approved, drawings and specifications will be combined into a
bidding package including the City of Fowler 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 addenda and respond to RFI’s. 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.
TASK 6: CONSTRUCTION SUPPORT
SERVICES
Attend pre-bid conference, provide construction
observation as requested or necessary, assist in
preparation of change orders inclusive of a construction estimate. 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, we will conduct a punch-walk to direct the
contractor to address and incomplete items.
TASK 7: POST CONSTRUCTION SERVICES
A close out meeting will cover the list of guarantees that were specified to the contractor in a prior phase. Any
documents borrowed from the city will be returned,
manuals for Maintenance and Operation of systems will
be provided by the contractor, reviewed by the design
team, and forwarded to the City. Upon final completion, wet signed project sheets and digital versions will be
provided in a format requested.
Community Involvement
Prepare Project Marketing Materials for
Community Involvement
A project like this requires 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.
Deliverable: Project Specific Marketing Materials and
Social Media Content
Coordinate and Facilitate Farmers 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 Exhibit A -- Page 58 of 62
148
Section 8 I.
48 CITY OF FOWLER POLICE HEADQUARTERS
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 the small
community events. Farmers markets and pop-up events
provide effective involvement to historically marginalized and unrepresented communities.
Deliverable: Project information booth at the City
Farmers Market Pop-up events as appropriate
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 providing highly 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.
Deliverable: MetroQuest Survey – Project Introduction
Story Map: Demonstrate Project Need and Next
Steps
Dewberry has access to the full suite of Esri products
including desktop and online applications. We have
extensive experience leveraging Esri Story Maps through our ArcGIS Online organization. Story Maps are an
interactive map-based story telling application that fuses narrative with maps and multi-media content in a webbased platform. Story Maps allow users to interactively engage with and consume content and information
about a project, and can include a combination of
interactive functionality that allows users to swipe, view information pop-ups, and utilize time sliders to provide a comprehensive picture of the subject with all associated contextual information.
Deliverable: Story Map platform for greater level of
detail
MetroQuest Survey: Project Update and Deeper
Dive
As identified in task above, the Dewberry team will
utilize MetroQuest for a second survey providing the
community with a project update and a deeper dive into
the proposed project details. The goal of this survey is to maintain community support momentum and solicit
input on specific project details.
Deliverable: MetroQuest Survey – Project Update and
Deeper Dive
Community Open House and Stakeholder
Involvement Meetings
In addition to a Community Open House, the Dewberry
team can facility community involvement meetings with
individual community stakeholders. The purpose of
these smaller events will be to inform and solicit input from specific groups that may not have participated in
the larger community events or the open house. These
meetings can be held at community facilities like Boys
and Girls Clubs, churches, YMCA, and other facilities that reach all community groups. Bilingual technical staff will be onsite for all community and stakeholder meetings to assist with Spanish and other languages as necessary.
Deliverable: Community Open House Stakeholder
Involvement Meetings
Develop and Maintain Project Website
An important component of community involvement is a
project specific website. The Dewberry team will develop a project website and manage its content. This site will provide project updates and links to project related
materials.
Deliverable: Project Specific Website Set Up and
Maintenance
Deliverable: Project Specific Website Set Up and
Maintenance
Exhibit A -- Page 59 of 62
149
Section 8 I.
49 Pandemic Planning Considerations
Dewberry’s thought-leaders constantly track the latest trends or situations and develop forward-thinking design strategies to improve and enhance police operations. As information is learned about the effects of the COVID-19 virus, our expert designers are analyzing and developing innovative strategies for implementation into new and existing facilities.
Sanitation/Decontamination Zones. Creating sanitation and decontamination zones at entry points allows users to limit contaminants from entering the building. To maintain healthy work environments within the building, contaminant removal and sanitation zone strategies include:
• Outdoor sand pit or abrasive walk-off surface to remove contaminants from boots/shoes • Handwashing and sanitizing stations
• Bio-hazard waste receptacles for disposal of contaminated PPE • New PPE supplies for use within the building
Screening Areas. Screening areas at entry points for staff and visitors provide a front-line defense against infected people who enter. Emerging technologies including thermal imaging for screening of fevers may develop into a reliable method of screening, but this new technology is new and minimally tested to prove it is practical and reliable. Screening areas may incorporate the following methods:
• Health-monitoring station including temperature at pulse oximeter • Automatic entry doors
• Environmental controls for temperature, ventilation, and humidity • Separation between screening areas and workspace environment Contact Points. Limiting the number of potential contact points within the building directly reduces the number of potential virus transmission points. As technologies advance more options are readily available for implementation including:
• automatic door operators
• voice-activated controls
• cellphone-controlled application
• hands-free lighting controls and temperature controls •facial recognition systems and motion detection
Workspace Planning. Workspace modifications include strategies that reorganize open workspaces and limit potential exposure to germs including:
•Incorporate smaller modular workspaces that can be isolated and disinfected from other spaces • Develop self-cleaning bathrooms with UV disinfecting and touch-free controls • Reduce the number for horizontal surfaces where germs can collect • Provide more open spaces that reduce the occupancy density and increase social distancing • Develop one-way circulation paths where possible to limit contact points and improve efficiencies • Use of antimicrobial materials and durable materials that can be disinfected easily Environmental Systems. Mechanical systems for existing and new facilities can incorporate multiple strategies to reduce the risk of infectious aerosol dissemination including:
• Air distribution patterns to move air quickly from breathing zones •Increase the fresh air changes within a space
• Provide positive pressure between workspace environments and visitor areas • Provide enhance air filtration and UV germicidal irradiation • Provide 120 degree water at all hand washing locations Exhibit A -- Page 60 of 62
150
Section 8 I.
50 CITY OF FOWLER POLICE HEADQUARTERS
Dewberry is a Sustainability Leader
MUNICIPAL COMPLEX DESIGNED FOR NET ZERO ENERGY
Sustainable design solutions lead to lower operating
costs, life cycle savings, healthier buildings, and/or
environmental stewardship. These are the types of
benefits that we like to offer our clients. Long before the development of the LEED rating systems, Dewberry
was incorporating passive solar design, geothermal,
and photovoltaic applications into our designs in order to limit the overall energy consumption of our buildings and their impact on non-renewable natural resources.
From building systems and infrastructure to interior
finishes and furnishings, Dewberry designers have the
tools, training, and experience to meet and exceed
increasingly high levels of green design, creating
buildings that benefit your organization and contribute to their environmental context – from building and site to regional and global ecosystems.
As California architects and engineers, we design and
live by the California Code of Regulations (CCR) and
California Building Standards Code, often referred to as Title 24 of the CCR, along with Part 11 also known as the CALGreen Code.
The existing municipal building serving the City of Countryside was undersized and could no longer effectively support the city’s growing staff programs. With this new building, the City aimed to stimulate economic growth in the area and be a leading example of sustainability in civic architecture by pursuing both Net-Zero Energy performance and LEED Gold certification.
A precise building envelope along with exceptionally efficient MEP systems form the basis for the team’s low energy strategy in this harsh Climate Zone 5. Photovoltaic arrays at the building’s roof and over the police vehicle car port areas provide onsite renewable energy to balance power usage.
U.S. GREEN BUILDING COUNCIL GOLD MEMBER STATUS
AIA 2030 CHALLENGE SIGNATORY
DEWBERRY MINIMUM SUSTAINABILITY STANDARDS
5 LEED PLATINUM PROJECTS
105 LEED GOLD, SILVER,
CERTIFIED PROJECTS
167 LEED ACCREDITED
PROFESSIONALS FIRM-WIDE
Exhibit A -- Page 61 of 62
151
Section 8 I.
Exhibit A -- Page 62 of 62
152
Section 8 I.
9 EXHIBIT B
Insurance Requirements
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant 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 Consultant’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. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $2,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 153
Section 8 I.
10 (ii) 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.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing 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 Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 154
Section 8 I.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
C
202-296-0909 1,000,000 630-7792B312-COF-21 CLE-006849158-01 1,000,000 5,000,000 X 25658 5,000,000 RETRO. DATE: FULL PRIOR ACTS SIR N
X
COMP / COLL DED: CONTRACTUAL INS. COV. 07/01/2021 Travelers Casualty And Surety Company 1 07/01/2022 07/01/2021 37540 07/01/2022 [email protected] 810-1N788974-21-43-G PROFESSIONAL LIABILITY E 2,000,000 1,000,000 25674 Travelers Indemnity Co 1,000,000 X D
X
FOR NOTICE OF CANCELLATION*** 1,000 02/07/2022 1,000,000 07/01/2021 2,000,000 RE: DEWBERRY PROJECT/JOB/PLN # 187264, BU8890, FOWLER POLICE HEADQUARTERS
THE GENERAL AND AUTO LIABILITY INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE (INSURED CONTRACTS)X FOWLER, CA 93625 CITY OF FOWLER
Beazley Insurance Company, Inc. NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT. ***PLEASE SEE ADDITIONAL PAGE X A
Travelers Property Casualty Co. Of America CN102736896-7/1-1.1a-21-22 PER CLAIM/AGGREGATE 10,000 07/01/2022 2,000,000 CUP-4J580377-21-43 2,000,000 25615 1,000,000 1,000,000 07/01/2022 UB-6P972264-21-43-G 1050 CONNECTICUT AVENUE, SUITE 700 MARSH USA, INC.
X
WASHINGTON, DC 20036-5386 1760 CREEKSIDE OAKS DRIVE, SUITE 280 DEWBERRY ARCHITECTS INC.
SACRAMENTO, CA 95833 X
V11B5E211201 07/01/2021 128 SOUTH 5TH STREET
07/01/2021 X
X
B
Alex Gasta X
07/01/2022 19038 202-263-7881 Charter Oak Fire Insurance Company X 155
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ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
2 2
Washington CONTRACT. �� AS RESPECTS THE PROFESSIONAL LIABILITY COVERAGE EVIDENCED ABOVE, IF THIS POLICY IS CANCELLED BY THE INSURER, OTHER THAN FOR NON-PAYMENT OF PREMIUM, THE INSURER ��COVERAGES EVIDENCED ABOVE, NOTICE OF CANCELLATION WILL BE PROVIDED BY THE INSURER(S) TO THE CERTIFICATE HOLDER PER THE ATTACHED AS REQUIRED BY WRITTEN WILL PROVIDE 30 DAYS WRITTEN NOTICE TO CERTIFICATE HOLDER. AS RESPECTS THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, UMBRELLA LIABILITY, AND WORKERS’ COMPENSATION Certificate of Liability Insurance CN102736896 MARSH USA, INC.� 1760 CREEKSIDE OAKS DRIVE, SUITE 280� DEWBERRY ARCHITECTS INC.� SACRAMENTO, CA 95833 25 156
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: YVONNE HERNANDEZ, Recreation Supervisor
SUBJECT: Donation request from Fowler Youth Football
EXECUTIVE SUMMARY
Staff recommend the City Council approve a donation request from Fowler Youth Football in the amount of $2000 for fiscal year 2023-24.
BACKGROUND
The City’s “Youth Recreational Funding Program Guidelines” outline the purpose, process, and evaluation procedure for providing up to $2,000 per year to youth sports programs in Fowler.
Fowler Youth Football meets these requirements, and a submitted a complete application which outlined they will utilize potential funding for CIF helmet certification. However, the program has been awarded funding in previous years and staff recommend they be awarded this year.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
FISCAL IMPACT
Funds have been appropriated under Youth Sports Contributions in the Utility Users Tax Fund.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Community Youth Organization Funding Application 23/2024 Fiscal Year 163
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: YVONNE HERNANDEZ, Recreation Supervisor
SUBJECT: APPROVE donation request from Fowler Boy Scouts Troop 390 in the amount of $1,000 for Fiscal Year 2023-24
EXECUTIVE SUMMARY
Staff recommend the City Council approve a donation request from Fowler Boy’s Scouts Troop 390 in the amount of $1,000 for Fiscal Year 2023-24.
BACKGROUND
Fowler Boy’s Scouts Troop 390 performed volunteer cleanup for the 4th of July event on Tuesday, July 4, 2023. The volunteer cleanup will be allocated from the funds that the City receives annually for the recycling grant from the California Department of Resources Recycling and Recovery (CalRecycle).
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
FISCAL IMPACT
Funds have been appropriated under the CalRecycle Fund.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- None
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE Resolution No. 2675 adopting an Investment Policy
EXECUTIVE SUMMARY
Update the City of Fowler Investment Policy (“Policy”) to provide clarity and include Joint Powers Authority Local Government Investment Pools (JPAs) as authorized investments.
BACKGROUND
The City adopted the Investment Policy (“Policy”) in 2003-2004 as part of the budget. This revised policy will guide Staff and the City Council to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all California laws and local statues governing the investment of public funds.
Currently, the majority of the City cash is deposited with Wells Fargo Bank. The City’s only investment is $832,552 deposited in the Local Agency Investment Fund (LAIF), currently yielding an interest rate of 3.326%. The Finance Committee recommended Staff diversify the City’s reserves to include two additional JPAs: California Asset Management Program (CAMP) Joint Powers Authority Pool and California Cooperative Liquid Assets Securities System (California CLASS). Both JPAs currently yield above 5%, and allow funds to be withdrawn at any time.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants. 206
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Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
FISCAL IMPACT
This action will result in increased interest income earnings to the City.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2675, & Exhibit A - Investment Policy
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RESOLUTION NO. 2675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING
A REVISED INVESTMENT POLICY FOR THE CITY OF FOWLER
WHEREAS, an investment policy establishes sound fiscal investments policies which serve as a foundation of ensuring that strong fiscal management policies guide future City decisions; and
WHEREAS, an investment policy will assure proper controls are in place and assure the safety and liquidity of the City’s cash assets; and
WHEREAS, the City’s current City Council approved Investment Policy is approximately 20 years old, and a proposed updated Investment Policy is attached to this Resolution and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler hereby adopts the updated Investment Policy attached to this Resolution to replace the previously approved Investment Policy.
PASSED, APPROVED AND ADOPTED this 5th day of September 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
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1 CITY OF FOWLER
INVESTMENT POLICY
I. Introduction
The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment-related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital requirements. The ultimate goal is to enhance the economic status of the City of Fowler while protecting its pooled cash resources.
The investment policies and practices of the City of Fowler are based on state law and prudent money management. All funds will be invested in accordance with the City’s Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. Any investment of bond proceeds are restricted by the provisions of the relevant bond documents.
II. Scope
It is intended that this policy cover all short term operating funds and investment activities of the City. These funds are accounted for in the annual audit report, and include:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Fiduciary Funds
This investment policy applies to all City transactions involving the financial assets and related activity of the above mentioned funds. Any additional funds that may be created from time to time shall also be administered with the provisions of this policy and comply with current State Government Code.
III. Prudence (Standard of Care)
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2 The City of Fowler operates its pooled cash investments under the prudent man rule (Civil Code Section 2261, et. Seq.). In addition, Government Code Section 53600.3 provides that those persons to whom investment decisions have been delegated are trustees with a fiduciary responsibility to act as a prudent advisor.
Investments shall be made with judgment and care – under circumstances then prevailing – which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. This affords a broad spectrum of investment opportunities as long as the investment is indeed prudent under current law.
The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. All persons investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public funds shall act with care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
It is the City’s intent at the time of purchase to hold all investments until maturity to ensure the return of all invested principal dollars.
IV. Objective
A. Investment Criteria:
Government Code Section 53600.5 states: “When investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public funds, the primary objective of the trustee shall be to safeguard the principal of funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under its control”.
Simply stated, safety of principal is the foremost objective, followed by liquidity and return on investment (known as yield). Each investment transaction shall seek to first ensure the capital losses are avoided, whether they are from market erosion or security defaults.
The primary objectives, in priority order, of the City’s investment activities shall be:
1. Safety - Safety of principal is the foremost objective of the investment program. The City’s investments shall be
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3 capital in the portfolio. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk.
Investment decisions should not incur unreasonable credit or market risks in order to obtain current investment income. a. Credit Risk: Defined as the risk of loss due to failure by the issuer of a security.
b. Market Risk: Defined as the risk of market value
fluctuations due to overall changes in the general
level of interest rates.
2. Liquidity - The City’s investment portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City’s ability to meet operating expenditures.
3. Return on Investment (Yield) - The City’s investment portfolio shall be designed with the objective of attaining a market rate of return on its’ investments consistent with the constraints imposed by its safety objective and cash flow considerations. Yield is to be a consideration only after the basic requirements of adequate safety and liquidity have been met.
B. Market Rate of Return
The investment portfolio shall be managed to attain a market average rate of return throughout budgetary and economic cycles. This takes into account the City’s cash flow requirements and investment risk constraints, state and local laws and ordinances or resolutions that restrict the placement of short term funds.
C. Performance Standards
The investment portfolio shall be managed with the objective of producing a yield meeting or exceeding the average return on the one year U.S. Treasury. This index is considered a benchmark for low to moderate risk investment transactions. Therefore, they comprise a minimum standard for the portfolio’s rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein and prudent investment principles. This benchmark will be reviewed thoroughly and may be 211
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4 adjusted as required by market conditions to prevent incurring unreasonable risks to attain yield.
D. Diversification
The investment portfolio shall be diversified to prevent incurring unreasonable and avoidable risks regarding specific security types, individual financial institutions or maturity segments.
E. Public Trust
All participants in the investment process shall act responsibly as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation.
The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust.
V. Delegation of Authority
The management and oversight responsibility for the investment program is hereby delegated to the City Treasurer who shall monitor and review all investments for consistency with this investment policy. The City Manager and City Treasurer shall jointly establish procedures to implement and monitor this investment policy. Such procedures shall include explicit delegation of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the limits of this policy.
VI. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or that could impair their ability to make impartial decisions.
VII. Selection of Financial Institutions and Brokers/Dealers To provide for the optimum yield in the City’s portfolio, the City’s procedures shall be designed to encourage multiple bids and offers on investment transactions from an approved list of brokers/dealers. The City Treasurer shall maintain a list of authorized broker/dealers and financial institutions which are approved for investment purposes, in the State of California, and it shall be the policy of the City to purchase securities only from authorized 212
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5 institutions or firms. The investment guidelines and procedures shall identify the criteria under which brokers and dealers may qualify to conduct business with the City.
In order to assist in identifying qualified institutions, the City Treasurer shall forward copies of the City’s investment policy to those financial institutions with which the City is interested in doing business and will require written acknowledgement of the policy. In addition, all dealers approved to do business with the City shall receive a copy of the Investment Policy annually.
Confirmation of receipt of this policy shall signify that the dealer understands the Investment Policy and intends to present only appropriate investments.
VIII. Permitted Investment Instruments
Allowable investment instruments are defined in the California Government Code Section 53600 et. seq., as amended. If the Code is further revised to allow additional investments or is changed regarding the limits on certain categories of investments, the City is authorized to conform to these changes, excluding those changes that may be prohibited by this policy.
Where Government Code Section specifies a percentage limitation for a particular category of investments, that percentage is only applicable only at the date of purchase.
Investments may be made in line with the California Government Code Section 53601, and may include the following instruments:
1) Government obligations pledged by the full faith and credit of the United States for the payment of principal and interest.
2) Obligations issued by Agencies or Instrumentalities of the U.S. Government. 3) Repurchase Agreements used solely as short term investments not to exceed one year.
The following collateral restrictions will be obeyed: Only U.S.
Treasury securities or Federal Agency securities will be acceptable collateral. All securities underlying Repurchase Agreements must be delivered to the City’s custodian bank versus payment. The market value of securities that underlay a Repurchase Agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be reviewed on a regular basis and adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investment in repurchase agreements shall be in compliance if the value of the underlying securities is brought back to 102 percent no later than the next business day.
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6 4) Banker’s Acceptances issued by domestic or foreign banks, which are eligible for purchase by the Federal Reserve System, the short term paper of which is rated in the highest category by Moody’s Investors Service or by Standard & Poor’s Corporation.
Purchases of Banker’s Acceptances may not exceed 180 days maturity or 40 percent of the City’s surplus money. However, no more than $2,000,000 of the City’s surplus funds may be invested in the Banker’s Acceptance of any one commercial bank.
5) Commercial paper rated in the highest short term rating category, as provided by Moody’s Investor Service, Inc. (P-1) or Standard & Poor’s Corporation (A-1) 6) Joint Powers Authority Local Government Investment Pools Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: Actions pertaining to banking services:
i. APPROVE a Memorandum of Understanding (MOU) with United Security Bank (USB) for banking services and authorize the City Manager to execute.
ii. Direct the City Manager to execute a Waiver of Security to ensure all City deposits at USB are fully insured above the FDIC limit. iii. Direct the City Manager to regularly monitor interest rates to ensure the City is obtaining the best possible return from USB
EXECUTIVE SUMMARY
Approval of this Memorandum of Understanding (MOU) will allow the City Manager to begin the process of transitioning the City’s day-to-day banking relationship, and a portion of its investments, to United Security Bank (USB).
BACKGROUND
There is not currently a retail bank branch in Fowler. USB has expressed an intent to open a branch in Fowler. As a condition of that, USB would like the City to transition their banking relationship from Wells Fargo. Banking with USB will result in reduced staff time required to make regular deposits and other banking transactions.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
Goal ED-2
Fowler’s businesses improve the quality of life by providing retail, personal, and business service amenities locally.
Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.
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Goal ED-4
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.
Policy ED-4
Promote rehabilitation of commercial sites and investigate funding opportunities for rehabilitation/remodeling of small businesses.
FISCAL IMPACT
This action will result in staff time savings. USB’s investment account interest rates are generally competitive with current market rates the City could obtain from other sources.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- MOU
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{7057/001/01656974.DOCX}
1 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is dated for reference purposes as of September 5, 2023, by and between United Security Bank, a California banking corporation (“USB”) and the City of Fowler, a municipal corporation (“City”). USB and the City are individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, USB is a state-chartered independent community bank headquartered in Fresno, California that operates twelve (12) branches, three loan centers, and several ATMs in Fresno, Madera, Kern, and Santa Clara Counties; and
WHEREAS, the City is located in Fresno County, California with a population in excess of 7,000 residents; and
WHEREAS, the City does not presently have any live bank branches within the city limits to service its residents; and
WHEREAS, USB is considering opening a bank branch to be located at 119 South 6th Street, Fowler, California 93625 (the “Fowler Branch”) with three (3) full time employees to provide in person and electronic banking services to the residents of the City; and WHEREAS, to induce USB to open the Fowler Branch, the City has offered to maintain the City’s day-to-day deposit accounts with USB at the Fowler Branch (the “Deposit Commitment”); and
WHEREAS, the Parties enter into this Memorandum of Understanding (“Memorandum”) to establish the commitment by the City to maintain its deposit accounts at the Fowler Branch.
NOW, THEREFORE, it is mutually understood and agreed by Parties as follows:
UNDERSTANDING
1. Entire Agreement. This Memorandum constitutes the complete and exclusive statement of the term(s) and condition(s) of this Memorandum between the Parties and supersedes all prior representations, understandings, and communications between the Parties relating to the Deposit Commitment. The invalidity in whole or in part of any term and condition of this Memorandum shall not affect the validity of other term(s) and condition(s) of this Memorandum.
The above referenced Recitals are true and correct and incorporated herein by reference.
2. Scope of Memorandum. This Memorandum specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. The Parties agree to cooperate and coordinate with the other in all activities covered by this Memorandum and any amendment(s) to this Memorandum.
3. Deposit Accounts; Scope of Services. The City agrees to maintain these deposit accounts pursuant to USB’s standard deposit account agreement presently estimated to be in the amount of fifteen million dollars ($15,000,000.00), at the Fowler Branch until the earlier to occur of (i) USB no longer operating the Fowler Branch, (ii) the Parties mutually agreeing in writing to modify the terms of this Memorandum, or (iii) upon termination of this Memorandum as provided 217
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2 herein. For clarity, the estimated amount of the City’s deposits set forth in this Section 3 is not intended to establish a minimum amount of the City’s deposits but is only intended to provide an estimate of the balances of the deposit accounts for USB’s planning purposes. USB provides the typical bank products and services as any other FDIC community insured bank (loans, deposits, certificates of insurance, savings accounts, business loans, construction loans and all products and services of USB’s other 13 bank offices open since 1987). The scope of services on deposit accounts provided by USB to its business customers generally, and that will be available to the City specifically, can be found at www.unitedsecuritybank.com/business, and the current rates of interest offered on its various products (CDs, money market accounts, savings accounts, and Business NOW accounts) at www.unitedsecuritybank.com/rates.
4. Fowler Branch Operations. USB agrees to provide in person and electronic banking at the Fowler Branch to the City and community of Fowler and operate the Fowler Branch with at least three (3) full time employees to serve the banking needs of the City and community. Should the City open accounts with USB prior to the opening of the Fowler Branch, USB shall provide, at no charge to City, armored car or similar service to one City location a minimum of three (3) days per week.
5. No Third Party Rights. Nothing in this Memorandum is intended to create duties or obligations to or rights in third parties not parties to this Memorandum, and nothing herein shall be construed to confer any rights upon any party not a signatory to this Memorandum.
6. Binding on Successors/No Assignment. This Memorandum will be binding on and inure to the benefit of the Parties and their heirs, personal representatives, and permitted successors and assigns. This provision does not create a right to transfer or assign rights or obligations under this Memorandum. No assignment of any kind of this Memorandum will be valid unless approved by all other Parties not proposing the assignment.
7. Termination for Cause. Either Party may terminate this Memorandum upon ten (10) days’ prior written notice to the other Party containing a detailed description of a material breach under this Memorandum, and a failure within that time period to cure or commence reasonable steps to cure the material breach identified in the notice.
8. City Name and Logo. USB shall not use (i) City's name, City seal, logo, or insignia, or (ii) the fact that the City is a customer of USB maintaining its deposit accounts at the Fowler Branch in promotional materials, including, without limitation, 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 USB from referencing the opening of the Fowler Branch or the location thereof in future marketing materials.
9. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to USB, or any successors in interest, for any breach of any obligation under the terms of this Memorandum.
10. Form and Service of Notices. Any and all notices or other communications required or permitted by this Memorandum or by law to be delivered to, served upon, or given to either party to this Memorandum by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
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3 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.
11. Severability and Construction. If any provision of this Memorandum is held to be illegal, invalid, or unenforceable under present or future laws, such provisions shall be fully severable. This Memorandum shall be construed and enforced as though such illegal, invalid, or unenforceable provision had never comprised a part of this Memorandum and the remaining provisions of this Memorandum shall remain in full force and effect. This Memorandum may be executed in several counterparts, and all so executed shall constitute one document which shall be binding upon all parties hereto, notwithstanding that all parties’ signatures do not appear on the same page. Facsimile, DocuSign, or e-mail signatures shall be binding upon any party as though they were an original.
12. Jurisdiction. This Memorandum shall be construed in accordance with the laws of the State of California without consideration of conflict of law principles. Parties agree to submit themselves to the jurisdiction of the court venue in the County of Fresno in any action relating to this Memorandum or the enforcement of interpretation thereof.
13. Authority and Capacity to Execute. Each signatory below represents and warrants to the other Parties that the signatory has the capacity and authority to enter into this Memorandum on behalf of the Party.
14. Attorneys’ Fees. If any dispute arises under the terms of this Memorandum and its performance, the prevailing Party(ies) shall, in addition to any other recovery, receive all of their reasonable attorneys’ fees and costs.
15. Amendments and Waiver. This Memorandum 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 Memorandum 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 Memorandum shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Memorandum.
16. Alternative Dispute Resolution. If a dispute arises out of or relating to this Memorandum, 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 219
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4 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 Memorandum. 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 applicable California statutes of limitation.
17. Non-Discrimination. USB shall not discriminate on the basis of any protected class under Federal or State law in maintaining the deposit accounts with respect to any USB employees or applicants for employment. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [Signatures on next page]
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5 IN WITNESS WHEREOF, the undersigned Parties have executed this Memorandum on the day and year set forth below.
Date: __________ __, 2023
CITY OF FOWLER
Wilma Tucker
City Manager
Date: __________ __, 2023
UNITED SECURITY BANK
Dennis Woods
President and CEO
Date: __________ __, 2023
ATTEST
Angela Vasquez
City Clerk
Date: __________ __, 2023
APPROVED AS TO FORM
Scott Cross
City Attorney
221
Section 10 B.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: ANGELA VASQUEZ, City Clerk / Human Resources Officer SUBJECT: Provide staff direction regarding elected official medical care coverage
EXECUTIVE SUMMARY
The above action will provide staff direction on whether or not to add an elected official tier to the City’s medical plan.
BACKGROUND
At the June 6, 2023, City Council meeting, staff was directed to explore a medical plan that would enable the City to add a tier for elected officials. Elected officials interested in the plan would pay the same monthly premium as employees, which is currently $50 a month for the employee only. The City’s portion of the monthly premium is $841.47. See Attachment A for a premium breakdown.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.
FISCAL IMPACT
The fiscal impact will depend on Council’s action but can be upwards of $130,000 annually. This is an unbudgeted item and would need Council approval to appropriate funding for changes to the medical plan.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Attachment A, Monthly Medical Benefits Premium
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Section 10 C.
City Pays Elected Offical Pays
No coverage $0.00 $0.00
Elected Official $841.47 $50.00
Elected Official & 1 $1,682.94 $65.00
Elected Official & 2+ $2,187.83 $80.00
2023
ATTACHMENT A
City of Fowler
Blue Cross PPO Medical & EmpiRx Prescription
223
Section 10 C.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a Disposition and Development Agreement between the City of Fowler and Bobby Aulakh for the property located at 119 South 6th Street (APN 343-172-09T) and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY
This action will authorize sale of the old Adventist Health building on 6th St to Bobby Aulakh.
The developer anticipates opening a United Security Bank branch, medical office, and pharmacy on the property.
BACKGROUND
Council previously declared the property located at 119 South 6th Street as surplus property and Staff initiated the Surplus Land Act process. Following the conclusion of that process, the City was allowed to accept offers and Staff negotiated with various parties. Council ultimately directed Staff to negotiate a Disposition and Development Agreement (DDA) with Dr. Aulakh.
The DDA allows the City to sell the Property to Dr. Aulakh, but also ensures that development of the Property results in a beneficial use to the community. Key terms of the DDA include:
The Developer shall establish a bank branch, medical office, and/or other permissible uses.
Escrow must close within one year of execution of the DDA. The developer anticipates a much shorter timeframe for close of escrow and for the opening of the bank branch. The City has the right to pursue repossession of the Property if the Developer fails to perform the requirements outlined in the DDA.
For the first 10 years after commencement of business, if the Developer ceases to operate in compliance with the DDA, the City has the option to purchase the Property. The City retains the Right of First Refusal to acquire the Property at a Fair Market Value for 50 years.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
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Section 10 D.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
Goal LU-1
Growth occurs logically and efficiently.
Policy LU-16
Maintain the downtown area as the governmental and cultural center of the City. Encourage community services, specialty shops, and office space on the ground floor with housing on the second floor.
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
Goal ED-4
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.
Policy ED-4
Promote rehabilitation of commercial sites and investigate funding opportunities for rehabilitation/remodeling of small businesses.
Policy ED-5
Discourage passive land uses, underutilization of land, and vacant structures on available commercial sites.
Policy ED-6
Encourage activities that attract participants to Fowler and promote economic development.
Policy ED-14
Facilitate the development of businesses that contribute to Fowler’s Economic Development Goals established through the General Plan or the Economic Development Strategy, which, along with the provision of affordable housing, creates a pleasing place to live and work.
FISCAL IMPACT
This action will generate $320,000 in one-time proceeds to the General Fund per the terms of the DDA. After escrow has closed and the City has received the deposited funds, staff will bring forward a budget resolution for Council to determine allocation of those funds.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Disposition and Development Agreement
225
Section 10 D.
Recorded By and For the Benefit of,
And When Recorded Return to:
CITY OF FOWLER
128 South 5th Street
Fowler, CA 93625
ATTN: City Clerk
DISPOSITION AND DEVELOPMENT AGREEMENT
119 SOUTH 6TH STREET
FOWLER, CA
APN 343-172-09T
CITY OF FOWLER
AND
BOBBY AULAKH
226
Section 10 D.
i
TABLE OF CONTENTS
RECITALS ................................................................................1
1. CONVEYANCE OF THE PROPERTY............................1 A. Disposition of The Property.....................................1 B. Purchase Price and Deposit......................................1 C. Escrow......................................................................2 D. Costs of Escrow .......................................................2 E. Escrow Instructions..................................................2 F. Authority of Escrow Agent......................................2 G. Closing .....................................................................3 H. Termination..............................................................3 I. Closing Procedure....................................................3 J. Review of Title ........................................................4 K. Title Insurance .........................................................5 L. Conditions of Closing ..............................................5 M. Representations and Warranties...............................6 N. Condition of The Property .......................................8
2. DEVELOPMENT OF THE PROPERTY........................10 A. Developer’s Obligation to Construct
Improvements ........................................................10 B. City Obligations with Respect to the Building ......10 C. Design Review.......................................................10 D. Land Use Approvals ..............................................12 E. Schedule of Performance and Conforming
Business Activities.................................................13 F. Cost of Construction ..............................................13 G. Insurance Requirements.........................................14 H. Developer’s Indemnity...........................................14 I. Rights of Access ....................................................14 J. Compliance with Laws ..........................................15 K. Nondiscrimination in Employment........................15 L. Taxes and Assessments..........................................15 M. Release of Construction Covenants.......................15 N. Financing of Improvements...................................15
3. DEFAULTS AND REMEDIES.......................................18 A. Default Remedies...................................................18 B. Institution of Legal Actions...................................18 C. Termination by the Developer Prior to
Conveyance of the Property...................................18 227
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ii
D. Termination by the City Prior to
Conveyance of the Property...................................19 E. Reentry and Revesting of Title in the City for
Failure to Timely Commence and Complete
Developer Improvements, Begin Operation of
ConformingBusiness Activities, or for an
Unlawful Transfer..................................................19 F. Option to Purchase property After Completion
of Developer Improvements and Operation of
Conforming Business Activities............................21 G. Right of First Refusal ............................................22
4. GENERAL PROVISIONS...............................................23 A. Notices, Demands and Communications
Between the Parties................................................23 B. Enforced Delay; Extension of Times
of Performance.......................................................23 C. Transfers of Interest in Property or Agreement .....24 D. Successors and Assigns..........................................25 E. Assignment by City................................................25 F. Relationship Between City and Developer............25 G. No Third Party Beneficiaries Excepting Agency...25
H. City Approvals and Actions...................................25 I. Counterparts...........................................................25 J. Integration..............................................................25 K. Real Estate Brokerage Commission.......................26 L. Interpretation..........................................................26 M. No Waiver..............................................................26 N. Modifications.........................................................26 O. Severability ............................................................26 P. Legal Advice..........................................................26 Q. Cooperation............................................................26 R. Rights and remedies are Cumulative .....................27 S. Applicable Law......................................................27 T. Non-Liability of Officials and Employees
of the City ..............................................................27 U. Attorneys’ Fees......................................................27 V. Precedence of Documents......................................27 228
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iii
ATTACHMENTS
Attachment No. 1 Legal Description and
depiction of Property
Attachment No. 2 Form of Grant Deed
Attachment No. 3 Schedule of Performance
Attachment No. 4 Release of Construction
Covenants
Attachment No. 5 Notice of Reversionary Interest
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Section 10 D.
1 DISPOSITION AND DEVELOPMENT AGREEMENT
This Disposition and Development Agreement (“Agreement” or “DDA”) is entered into Effective September 5, 2023, between the City of Fowler, a California municipal corporation and general law city (“City”) and Bobby Aulakh (“Developer”), with respect to the following Recitals, which are a substantive part of this Agreement:
RECITALS
A. City owns two parcels of real property at 119 South 6th Street (APN 343-172- 09T) in the City of Fowler, Fresno County, State of California (“Property”). The Property is legally described and depicted in Attachment No. 1. The Property consists of approximately
0.25 acre. The Property is in the Form-Based Code zone district, allowing a multitude of uses compatible with the central business district.
B. After following the California Surplus Land Act, the City made the Property available for sale and private development. Developer expressed interest in purchasing the Property to establish a Bank Branch, Medical Office, or other permissible uses. This use shall hereinafter be referred to as “Confirming Business Activities.” C. Developer is an experienced commercial developer or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property with a viable commercial business, as proposed. City desires to sell the Property to Developer for the purposes set forth in these Recitals, as further described in this Agreement. The improvements to the Property required by this Agreement shall hereinafter be referred to as “Developer Improvements” or “Improvements”.
D. City’s disposition of the Property, and the construction, completion, and operation of the Developer Improvements pursuant to the terms of this Agreement, are in the vital and best interest of the City and the health, safety, and welfare of its residents, and will serve the public purpose of real property redevelopment in City’s downtown.
NOW, THEREFORE, City and Developer agree as follows:
1. CONVEYANCE OF THE PROPERTY.
A. Disposition of the Property. Developer agrees to purchase the Property from City, and City agrees to sell the Property to Developer, in accordance with and subject to all of the terms, covenants, and conditions of this Agreement, for the “Purchase Price” set forth below.
The conveyance of the Property shall be by “Grant Deed” substantially in the form of Attachment No. 2.
B. Purchase Price and Deposit. The purchase price for the Property shall be Three Hundred Twenty Thousand Dollars ($320,000.00) (“Purchase Price”). The parties agree the Purchase Price constitutes not less than fair market value of the Property and the rights conveyed, and does not reflect any economic assistance by City. Developer shall pay the 230
Section 10 D.
2 Purchase Price to City in accordance with the following payment schedule:
1. Payment 1: $50,000 - Due at the close of escrow.
2. Payment 2: $54,000 - Due six (6) months after the close of escrow.
3. Payment 3: $54,000 - Due twelve (12) months after the close of escrow.
4. Payment 4: $54,000 - Due eighteen (18) months after the close of escrow.
5. Payment 5: $54,000 - Due twenty-four (24) months after the close of escrow.
6. Payment 6: $54,000 - Due thirty (30) months after the close of escrow.
Upon opening of Escrow, Developer shall deposit the sum of zero dollars $0 in Escrow (“Developer Deposit”). The Developer Deposit shall be applied to the Purchase Price. The Developer Deposit shall not be refundable to Developer and shall be retained by City as liquidated damages if Escrow fails to close, except in the event that Escrow fails to close due to the failure of a Developer’s Conditions of Closing as described in Section 1L(2). The balance of the Purchase Price shall be paid in accordance with the payment schedule above. Developer may prepay the remaining balance of the Purchase Price at any time.
C. Escrow. Within ten (10) days after the execution of this Agreement by both parties, the parties shall open escrow (“Escrow”) with the Old Republic Title Company in its Kingsburg office, or another escrow company mutually satisfactory in writing to both parties (“Escrow Agent”).
D. Costs of Escrow. The City and the Developer shall each pay its respective share of the premium for the Title Policy as set forth in Section 1K hereof, the City shall pay the documentary transfer taxes due, if any, with respect to the conveyance of the Property, and the parties shall each pay one-half of all other usual fees, charges, and costs which arise from Escrow.
E. Escrow Instructions. This Agreement constitutes the joint escrow instructions of Developer and City, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties agree to do all acts reasonably necessary to close this Escrow in the shortest possible time.
If in the opinion of Developer or the City’s City Manager it is necessary or convenient in order to accomplish the Closing, such party may require that the parties sign supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, the provisions of this Agreement shall control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful, or appropriate to effectuate the provisions of this Agreement.
F. Authority of Escrow Agent. Escrow Agent is authorized to, and shall:
(1) Pay and charge Developer and City for their respective shares of the premium of the Title Policy and any endorsements thereto as set forth in Section 1K and any amount necessary to place title in the condition necessary to satisfy Section 1J of this Agreement. 231
Section 10 D.
3 (2) Pay and charge Developer and City each for one-half of any escrow fees, charges, and costs payable under Section 1D of this Agreement.
(3) Disburse funds and deliver and record the Grant Deed when both the Developer’s Conditions of Closing and the City’s Conditions of Closing as described in Section 1K herein have been fulfilled or waived by Developer and City.
(4) Do such other actions as necessary to fulfill its obligations under this Agreement. (5) Do such other actions as necessary to comply with any federal, state, or local reporting requirements, including directing City and Developer to execute any required forms, statements, or certificates.
G. Closing. This transaction shall close escrow (“Closing”) after satisfaction of all of City and Developer Conditions of Closing as set forth in Section 1L of this Agreement, but in no event later than one year after Escrow is opened (“Closing Deadline”), unless otherwise extended by written agreement approved by the City’s City Council and signed by Developer and the City Manager. Closing shall mean the time and day the Grant Deed is filed for record with the Fresno County Recorder.
H. Termination. If Escrow is not in condition to close by the Closing Deadline, then either Party which is not then in Default (and has not received Notice of a potential Default hereunder which has not been cured) may, in writing, demand termination of the Escrow. Under these circumstances, Escrow Agent shall return all money, papers, and documents deposited in Escrow to the respective depositing party, except that Developer Deposit shall be delivered to City in accordance with Section 1B above unless otherwise provided in Section 1B. If either party makes a written demand for termination of Escrow, Escrow shall not terminate until ten (10) days after Escrow Agent shall have delivered copies of such demand to the other party at the address shown in this Agreement. If any objections are raised within that ten (10) day period, Escrow Agent is authorized to hold all money, papers, and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties. Termination of Escrow shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, Escrow Agent shall proceed with Closing as soon as possible.
I. Closing Procedure. Escrow Agent shall close Escrow as follows:
(1) Record the Grant Deed with instructions for the Fresno County Recorder to deliver the Grant Deed to Developer.
(2) Instruct the Title Company to deliver the Title Policy to Developer and a copy of the Title Policy to City.
(3) File and deliver any informational reports, forms, statements, and certificates as required by federal, state or local law.
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4 (4) Forward to both Developer and City a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date and information endorsed thereon.
J. Review of Title. City shall cause Escrow Agent to deliver to Developer a standard preliminary title report (“Title Report”) with respect to title to the Property, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Title Report, within fifteen (15) days after the Escrow is opened. Developer shall have the right to reasonably approve or disapprove the Exceptions; provided Developer hereby approves the following Exceptions:
(1) Any Redevelopment Plans of the former Fowler Redevelopment Agency which do not preclude Developer’s use of the Property as proposed herein. (2) Property interests held by a public body or public bodies, including without limitation easements, franchises, licenses, or other property interests of the public body or public bodies, on the Property and/or within the public rights-of-way around the perimeter of the Property, which do not preclude Developer’s use of the Property as proposed herein. (3) The lien of any non-delinquent property taxes and assessments (to be prorated at Closing).
(4) Any incidental easements or other matters affecting title which do not preclude Developer’s use of the Property as proposed herein.
(5) Such other exceptions to title as may hereafter be mutually approved by City and Developer.
Developer shall have thirty (30) days from the date of its receipt of the Title Report to give written notice to City and Escrow Agent of Developer’s approval or disapproval of any of the Exceptions. Developer’s failure to give written approval of the Title Report within such time limit shall be deemed disapproval of the Title Report. If Developer notifies City of its disapproval of any Exceptions in the Title Report, City shall have the right, but not the obligation, to remove any disapproved Exceptions within thirty (30) days after receiving written notice of the Developer’s disapproval or provide assurances satisfactory to Developer that such Exception(s) will be removed on or before Closing. If City cannot or does not elect to remove any of the disapproved Exceptions within that period, Developer shall have fifteen (15) days after the expiration of the thirty (30) day period to either give City written Notice that the Developer elects to proceed with the purchase of the Property subject to the disapproved Exceptions or to give City written Notice that the Developer elects to terminate this Agreement and the Developer’s failure to give timely written Notice shall be deemed as an election to terminate this Agreement.. The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the “Condition of Title.” The Developer shall have the right to approve or disapprove any further Exceptions reported by the Title Company after the Developer has approved the Condition of Title for the Property (which are not created by the Developer).
City shall not voluntarily create any new exceptions to title following the Date of Agreement. 233
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5 K. Title Insurance. Upon recordation of the Grant Deed, the Title Company shall issue to Developer a California Land Title Association (CLTA) policy of title insurance (“Title Policy”), together with such endorsements as are reasonably requested by Developer, issued by the Title Company insuring the title to the Property is vested in Developer in the condition required by Section 1J of this Agreement. The Title Policy shall be for the amount of the Purchase Price. The Title Company shall provide City with a copy of the Title Policy. City shall pay the portion of the premium for the Title Policy equal to the cost of a CLTA standard policy of title insurance in the amount of the Purchase Price, and the Developer shall pay for any additional costs thereof, including the incremental additional cost of obtaining any endorsements to the title policy, and the cost of any survey which is performed.
L. Conditions of Closing. Closing is conditioned upon satisfaction of the following terms and conditions within the times designated below:
(1) City’s Conditions of Closing. City’s obligation to proceed with Closing is subject to the fulfillment or waiver by City of each and all of the conditions precedent (a) through (f), inclusive, described below (“City Conditions of Closing”), which are solely for the benefit of City, and which shall be fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, Developer shall not be in material default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b) Execution of Documents. Developer shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. (c) Payment of Funds. Prior to Closing, Developer shall have deposited the Developer Deposit and all required costs of Closing into Escrow in accordance with Sections 1B and 1D hereof.
(d) Financing. Developer shall have provided evidence of Construction Financing to complete the Developer Improvements, as provided in Section 2N hereof, and such financing shall fund prior to Closing, or be ready to fund within thirty (30) days after Closing. (e) Design Review. Developer shall have obtained City approval of Development Plans, as provided for in Section 2C., which shall not be unreasonably withheld, conditioned or delayed.
(f) Insurance. Developer shall have provided proof of insurance as required by Section 2F hereof.
(2) Developer’s Conditions of Closing. Developer’s obligation to proceed with Closing of the purchase of the Property is subject to the fulfillment or waiver by Developer of each and all the conditions precedent (a) through (f), inclusive, described below (“Developer Conditions of Closing”), which are solely for the benefit of Developer, and which shall be 234
Section 10 D.
6 fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, City shall not be in material default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct in all material respects. (b) Execution of Documents. City shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. (c) Review and Approval of Title. Developer shall have reviewed and approved the condition of title of The Property, as provided in Section 1J hereof. (d) Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide to Developer the Title Policy for the Property upon Close of Escrow, in accordance with Section 1K hereof. (e) Due Diligence. Developer shall have determined that the Property is suitable for the proposed development pursuant to Section 1N.
(f) Land Use Approvals. Developer shall have obtained approval of any Land Use Entitlements for the Developer Improvements, as provided for in Section 2D. (g) Developer Improvements Approval. Developer shall have obtained approval for Developer Improvements for the exterior of the Property and the Bank Branch. Approval of the Developer Improvements for the Medical Office shall not be required as a Condition of Closing. (h) Confirmation of Bank Tenant. Developer shall have executed a Lease Agreement with United Security Bank and provided a copy of said Lease Agreement to City.
M. Representations and Warranties.
(1) City Representations. City represents and warrants to Developer as follows:
(a) Authority. City has the full right, power and lawful authority to acquire, grant, sell and convey the Property as provided herein, and the execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. (b) Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). City is not a “foreign person” within the parameters of FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA or any similar state statute, or that City has complied and will comply with all the requirements under FIRPTA or any similar state statute. (c) No Conflict. To the best of City’s knowledge, City’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. 235
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7 (d) Litigation. To the best of City’s knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Property, or any portion thereof, at law or in equity, before any court or governmental agency, domestic or foreign.
Until Closing, City shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 1M(1) not to be true as of Closing, immediately give written notice of such fact or condition to Developer. Such exception(s) to a representation shall not be deemed a breach by City hereunder but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of The Property. If Developer elects to close Escrow following disclosure of such information, City’s representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, Developer elects to not close Escrow, then this Agreement and Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder. Under these circumstances the Developer Deposit shall be returned to Developer.
All of the representations and warranties set forth in this Section 1M(1) are made with the acknowledgment that they are material, and with the intention that Developer shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1M(1) shall each survive the execution of this Agreement and Closing. (2) Developer Representations. Developer represents and warrants to City as follows:
(a) Authority. Developer has the full right, power and lawful authority to purchase and accept the conveyance of the Property, or any portion thereof, and undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. (b) Experience. Developer is an experienced developer and operator of commercial properties, or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property. (c) No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
(d) No Developer Bankruptcy. Developer is not the subject of a bankruptcy or other insolvency proceeding.
(e) FIRPTA. Developer is not a “foreign person” within the parameters of FIRPTA or any similar state statute or is exempt from the provisions of FIRPTA or any similar state 236
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8 statute, or Developer has complied and will comply with all the requirements under FIRPTA or any similar state statute.
(f) Deliveries. All documents, instruments and other information delivered by Developer to City pursuant to this Agreement are, to the best of Developer’s knowledge, true, correct and complete.
(g) Commissions. To the best of the Developer’s knowledge, there are no broker’s commissions or finder’s fees payable in connection with The Property.
Until Closing, the Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 1M(2) not to be true as of the Closing, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder but shall constitute an exception which City shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Property. If City elects to close Escrow following disclosure of such information, Developer’s representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, City elects to not close Escrow, then this Agreement and Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder.
All of the representations and warranties set forth in this Section 1M(2) are made with the acknowledgment that they are material, and with the intention that City shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1M(2) shall each survive the execution of this Agreement and Closing.
N. Condition of The Property.
(1) Disclosure. Developer acknowledges the Property may contain Hazardous Materials as defined in Section 1N(5). Upon Closing, it will be Developer’s obligation to take any required remedial actions, at its sole cost and expense, to render the Property suitable for development. In that regard, Developer and City may enter into a Right of Entry Agreement to allow Developer an opportunity to conduct due diligence inspections of the Property, which will remain in place through Closing. Copies of any reports obtained by Developer regarding the condition of the Property shall be provided to City within ten (10) days after receipt and prior to Closing.
Except as noted, City and Developer hereby represent and warrant to the other that they have no actual knowledge and have not received any notice or communication from any government agency having jurisdiction over the Property, notifying such party of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property, or any portion thereof. “Actual knowledge,” as used herein, shall not impose a duty of investigation, and shall be limited to the actual knowledge of City and Developer employees and agents who have participated in the preparation of this Agreement.
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9 (2) No Further Warranties As To Property; Release of City. Notwithstanding any provisions of this Agreement to the contrary, the conveyance of all or any portion of the Property shall be conveyed to the Developer in an “AS IS” condition, with no warranty, express or implied by City, as to the Property, improvements on the Property, the soil, its geology, the presence of known or unknown faults or Hazardous Materials, and Developer agrees to and shall indemnify and hold City, and their officers, agents, employees, and volunteers, harmless from and against all liability, loss, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the existence of such faults or substances. It shall be the sole responsibility of Developer at his expense to investigate and determine the condition of the soil and improvement conditions on the Property for the development to be constructed. If the soil environmental condition is not in all respects entirely suitable for the use or uses to which the Property will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the Property in a condition entirely suitable for its development.
Developer hereby waives, releases and discharges forever City, and its officers, agents, employees, and volunteers, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the condition of the Property, any Hazardous Materials in or the Property, or the existence of Hazardous Materials contamination due to the generation of Hazardous Materials from the Property, however they came to be placed there, except that arising out of the negligence or misconduct of the City or its employees, officers, agents or representatives which occur after Closing.
Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
As such relates to this Section 1N, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.
By:
Bobby Aulakh
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Section 10 D.
10 (3) Developer Precautions After Closing. Upon Closing, Developer shall take all reasonable precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Property. Such precautions shall include compliance with all governmental requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials.
(4) Developer Indemnity. Upon Closing, Developer agrees to indemnify, defend and hold City, and its officers, agents, employees, and volunteers, harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon: (a) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property which occurs after Closing; or (b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property which occurs after Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. At the request of Developer, City shall cooperate with and assist Developer in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance. (5) Hazardous Materials Definition. For purposes of this Section 1N, Hazardous Materials means any substance, material, or waste which is or becomes defined and is regulated as hazardous by any governmental authority, the State of California, or the United States government, but shall not include commercially reasonable amounts of such materials in the ordinary course of the development and operation of the Property which are used and stored in accordance with all applicable environmental laws, ordinances and regulations.
2. DEVELOPMENT OF THE PROPERTY.
A. Developer’s Obligation to Construct Improvements. Developer shall develop or cause the development of the Developer Improvements in accordance with the Schedule of Performance (Attachment No. 3), the City of Fowler Municipal Code, and the plans, drawings and documents submitted by Developer and approved by City as set forth herein. Specifically, Developer shall be responsible for construction of a mixed-use building suitable for retail dining.
B. City Obligations With Respect to the Building.
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11 (1) Remove any City owned property from the building and site prior to Close of Escrow.
C. Design Review.
(1) Design, Site Plan, and Construction Drawings. Within the respective times set forth in the Schedule of Performance, Developer shall submit the following:
(a) Design drawings for the Developer Improvements, including materials, color board, elevations of all four facades of the Developer Improvements, and a rendered perspective, as required by City’s Community Development Director and in conformance with applicable City Code and guidelines (“Design Drawings”).
(b) Site plan as required by City’s Community Development Director and in conformance with City guidelines (“Site Plan”).
(c) Detailed construction plans and drawings prepared by a licensed architect and/or registered civil engineer, as required by State law, with respect to the Developer Improvements (“Construction Plans”).
The Design Drawings, Site Plan, and Construction Plans are collectively referred to as the “Development Plans”.
(2) City Review and Approval. City shall have the right to review and approve the Development Plans, which shall not be unreasonably withheld, conditioned or delayed.
Developer acknowledges and agrees that City approval is required in order to satisfy City’s obligation to promote the sound development and redevelopment of land within the former redevelopment project area, to promote a high level of design which will impact the surrounding development, and to provide an environment for the social, economic and psychological growth and well-being of the citizens of the City of Fowler. Developer shall not be entitled to any monetary damages or compensation as a result of the City’s reasonable disapproval or failure to approve or disapprove the Development Plans.
Notwithstanding any provision of this Agreement to contrary effect, the times for review and action upon the Development Plans by City shall not be deemed to be commenced unless and until the corresponding submittals by Developer are complete.
City shall state in writing the reasons for disapproval. Developer, upon receipt of a disapproval based upon powers reserved by the City hereunder, shall revise such portions and resubmit to City by the time established therefor in the Schedule of Performance. (3) Consultation and Coordination. During the preparation of the Development Plans, staff of City and Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of the Development Plans. The staff of City and Developer shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to City can receive prompt and thorough consideration. 240
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12 City shall designate an employee to serve as the project manager who is responsible for the coordination of City’s activities under this Agreement and for expediting the land use approval and permitting process.
(4) Revisions. If Developer desires to propose any revisions to City-approved Development Plans, Developer shall submit such proposed changes to City, and shall also proceed in accordance with any and all State and local laws and regulations regarding such revisions, within the time frame set forth in the Schedule of Performance. At the sole discretion of City, if any change in the basic uses of the Property is proposed in the Development Plans from the basic uses of the Property as provided for in this Agreement, then this Agreement is subject to renegotiation of all terms and conditions. If the Development Plans, as modified by the proposed change, generally and substantially conform to the requirements of this Section 2C, the City Manager shall review the proposed change and notify the Developer in writing within thirty (30) days after submission to City as to whether the proposed change is approved or disapproved.
The City Manager is authorized to approve changes to City-approved Development Plans provided such changes: (a) do not significantly modify the scope and character of the Improvements; (b) do not reduce the quality of materials to be used; and (c) do not reduce the imaginative and unique qualities of the project design. Any and all change orders or revisions required by City and its inspectors which are required under the Municipal Code and all other applicable codes (e.g., Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by Developer in its Development Plans and completed during construction of the Developer Improvements.
(5) Defects in Plans. City shall not be responsible either to Developer or to third parties in any way for any defects in the Development Plans, nor for any structural or other defects in any work done according to the approved Development Plans, nor for any delays reasonably caused by the review and approval processes established by this Section 2C.
Developer shall hold harmless, indemnify and defend City, and its officers, agents, employees, and volunteers, from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Development Plans, including without limitation the violation of any laws, and for defects in any work done according to the approved Development Plans.
(6) Use of Plans. City shall not have the right to use Development Plans which are submitted to City by Developer pursuant to this Section 2C, nor shall the City confer any rights to use such drawings or plans to any person or entity.
(7) Special Design Provisions. Reserved.
D. Land Use Approvals.
(1) Land Use Entitlements. Within the respective times set forth in the Schedule of Performance, Developer shall secure, or cause to be secured, all land use and other discretionary entitlements by City or any other governmental agency necessary to complete the Developer Improvements.
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13 (2) Other Approvals. Before commencement of construction of Developer Improvements or other related works of improvement upon or adjacent to the Property, Developer shall secure or cause to be secured any other permits and approvals which may be required by City or any other governmental agency affected by such construction or work. (3) Developer Cost and Expense. All land use entitlements and other permits shall be secured by Developer at Developer’s sole cost and expense. (4) No Precommittment by City. Nothing in this Agreement is intended to or shall operate to commit City’s discretion with respect to land use and other entitlements, permits, and approvals which may be required by Developer with respect to the Developer Improvements.
E. Schedule of Performance and Conforming Business Activities. (1) Schedule of Performance. Developer shall submit all Development Plans, obtain Land Use Approvals, commence and complete all construction of the Developer Improvements, and satisfy all other obligations and conditions of this Agreement, within the respective times established therefor in the Schedule of Performance. The Schedule of Performance shall be deemed a material part of this Agreement.
(2) Conforming Business Activities. Within a reasonable period of time following the completion of the Developer Improvements, not to exceed thirty (30) days after the issuance of a Certificate of Occupancy, Developer shall operate “Conforming Business Activities.” “Conforming Business Activities” means the operation of a Bank Branch as set forth in the Recitals in accordance with the terms of this Agreement.
Developer shall operate Conforming Business Activities for a period of not less than ten (10) continuous years after opening.
(a) Continuous shall mean the business is not closed during its normal or customarily operated business days for the type of business, for more than a cumulative total of thirty (30) days in any calendar year, except as may be required during any enforced delay event as provided in Section 4B herein.
(b) Non-operation due to government ordered shutdowns beyond the control of the Developer, shall be deducted from the ten-year period.
(c) Non-operation for repairs or remodeling that are diligently pursued to completion shall be deducted from the ten-year period.
After ten (10) years, City’s ordinary codes shall apply regarding continuous operation of the business.
F. Cost of Construction. All of the costs of planning, designing, developing, and constructing the Developer Improvements, including all permits and entitlements, shall be borne solely by the Developer.
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14 G. Insurance Requirements. Developer shall take out prior to commencement of construction of the Developer Improvements, and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 2M of this Agreement, a comprehensive general liability policy in the amount of Three Million Dollars ($3,000,000) combined single limit policy, and if Developer owns automobiles, a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, or such other policy limits as City may approve at its discretion, including contractual liability, as shall protect Developer and City from claims for such damages, and which policy shall be issued by an “A” rated insurance carrier. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that the Developer and any contractor with whom it has contracted for the performance of work on The Property or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate shall be furnished by Developer at the time set forth therefor in the Schedule of Performance or, if no time is specified, prior to the commencement of construction of the Developer Improvements.
H. Developer’s Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold the City and its officers, agents, employees, and volunteers, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation thereof and for any damages to property or injuries to persons, including accidental death (including attorneys fees and costs), which may be caused by any acts or omissions of Developer in the performance under this Agreement, whether such activities, performance, or omissions be by Developer or by anyone directly or indirectly employed or contracted with by Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. Developer shall not be liable for property damage or bodily injury occasioned by the sole negligence or willful misconduct of City or its agents or employees, or the failure of City or its agents or employees to follow accepted safety standards in connection with accessing the Property pursuant to Section 2I, below.
I. Rights of Access. Prior to the issuance of a Release of Construction Covenants (as specified in Section 2M of this Agreement), for purposes of assuring compliance with this Agreement, including construction of the Developer Improvements, representatives of City shall 243
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15 have the right of access to the Property conveyed to Developer without charges or fees, at normal construction hours during the period of construction. City representatives shall comply with all safety rules during any such inspection. City shall defend, indemnify, assume all responsibility for, and hold the Developer and its representatives, officers, employees, agents, contractors, and subcontractors harmless from all claims, demands, defense costs, and liability of any kind or nature arising out of the City’s exercise of this right of access, except to the extent caused by the negligence or willful misconduct of the Developer or its representatives, officers, employees, agents, contractors, or subcontractors.
J. Compliance With Laws. Developer shall carry out the design, construction and operation of the Developer Improvements in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable accessibility requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
K. Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of any protected class under State of California or Federal law.
L. Taxes and Assessments. Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property accruing after the Closing Date, subject to the Developer’s right to contest in good faith any such taxes. Developer shall remove or have removed any levy or attachment made on any portion of the Property, or assure the satisfaction thereof within a reasonable time. Developer shall not apply for or receive any exemption from the payment of property taxes or assessments on any interest in or to the Property or the Developer Improvements.
M. Release of Construction Covenants. Promptly after completion of the Developer Improvements in conformity with this Agreement, City shall furnish Developer with a “Release of Construction Covenants,” substantially in the form of Attachment No. 4 hereto which is incorporated herein by reference. City shall not unreasonably withhold such Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive determination of satisfactory completion of the Developer Improvements in accordance with the terms of this Agreement and the Release of Construction Covenants shall so state.
If City refuses or fails to furnish the Release of Construction Covenants, after written request from Developer, City shall, within fifteen (15) days of written request therefor, provide Developer with a written statement of the reasons City refused or failed to furnish the Release of Construction Covenants. The statement shall also contain City’s opinion of the actions the Developer must take to obtain the Release of Construction Covenants. The Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing 244
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16 money loaned to finance the Developer Improvements, or any part thereof. The Release of Construction Covenants is not a notice of completion as referred to in Section 3093 of the California Civil Code.
N. Financing of Improvements.
(1) Evidence of Financing. Prior to Closing, Developer shall submit evidence satisfactory to City of construction financing (“Construction Financing”) as follows:
(a) The obtainment of sufficient equity capital or a firm and binding commitment for construction financing necessary to undertake development of the Property and the construction of the Developer Improvements in accordance with this Agreement. (b) The Construction Financing must fund prior to Closing, or be ready to fund within thirty (30) days after Closing. If the Construction Financing fails to fund as provided herein, the City may exercise its rights under this Agreement, including without limitation its right to reenter the Property and revesting of title to the Property in accordance with Section 3E herein. (c) If City is not satisfied with the evidence of Construction Financing, City shall notify Developer within twenty (20) days of receipt of a complete submission stating the reasons for such dissatisfaction and Developer shall promptly obtain and submit to City new evidence of financing. City shall not unreasonably withhold, delay or condition its approval of satisfactory Construction Financing.
(d) Evidence of obtaining Construction Financing shall include the following: (i) a copy of a legally binding, firm and enforceable loan commitment(s) obtained by Developer from one or more financial institutions for the mortgage loan or loans for financing to fund the construction, completion, operation and maintenance of the Developer Improvements, subject to such lenders’ reasonable, customary and normal conditions and terms; and/or (ii) a certification from the chief financial officer of Developer that Developer has sufficient funds for such construction, and that such funds have been committed to such construction, and/or other documentation satisfactory to City as evidence of other sources of capital sufficient to demonstrate that Developer has adequate funds to cover the difference between the total cost of the construction and completion of the Developer Improvements, less financing authorized by those loans set forth in subparagraph (a) above.
(2) No Encumbrances Except Mortgages, Deeds of Trust, or Sale and Lease-Back for Development. Mortgages, deeds of trust and sales and leases-back shall be permitted before the completion of the Developer Improvements only with the City’s prior written approval, which shall not be unreasonably withheld or delayed, and only for the purpose of securing loans of funds to be used for financing construction of the Developer Improvements (including architecture, engineering, legal, and related direct costs as well as indirect costs), permanent financing, and any other purposes necessary and appropriate in connection with development under this Agreement. In no event, however, shall the amount or amounts of indebtedness secured by mortgages or deeds of trust exceed the projected cost of constructing the Developer Improvements, as evidenced by a pro forma and a construction contract which set forth such 245
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17 construction costs. The words “mortgage” and “trust deed” as used hereinafter shall include sale and lease-back.
(3) Holder Not Obligated to Construct Improvements. The holder of any mortgage or deed of trust authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the Developer Improvements or any portion thereof, or to guarantee such construction or completion; nor shall any covenant or any other provision in this Agreement be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Property to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.
(4) Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Developer as provided herein, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Developer Improvements, City shall at the same time deliver to each holder of record of any mortgage or deed of trust authorized by this Agreement a copy of such notice or demand. Each such holder shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Developer Improvements, or any portion thereof (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer’s obligations to City by written agreement reasonably satisfactory to City. The holder, in that event, must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates. Any such holder properly completing such improvement shall be entitled, upon compliance with the requirements of Section 2M of this Agreement, to a Release of Construction Covenants. It is understood that a holder shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property which shall have been conveyed to Developer if and to the extent any such holder has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default.
(5) Failure of Holder to Complete Developer Improvements. In any case where, thirty (30) days after the holder of any mortgage or deed of trust creating a lien or encumbrance upon the Property receives a notice from City of a default by Developer in completion of construction of any of the Developer Improvements under this Agreement, and such holder has not exercised the option to construct as set forth in this Section 2N, or if it has exercised the option but has defaulted hereunder and failed to timely cure such default, City may purchase the mortgage or deed of trust by payment to the holder of the amount of the Purchase Price received by City at the time of Developer’s default, and such payment by City shall be City’s only obligation to be entitled to any necessary reconveyance of the Property and reconveyance of the 246
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18 mortgage or deed of trust securing the Developer Improvements. Holder’s recourse for any remaining principal and interest and all other sums secured by the mortgage or deed of trust shall be against Developer and Developer collateral and not against City or the Property. Nothing herein shall impact holder’s rights to proceeds as authorized in Section 3E(2)(b) from a subsequent resale of the Property by City. If the ownership of the Property has vested in the holder, City, if it so desires, shall be entitled to a conveyance from the holder to City of the Property, as applicable, upon payment to the holder of an amount equal to the sum of the following:
(a) The unpaid mortgage or deed of trust debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure including reasonable attorneys’ fees; (c) The costs of any improvements made by such holder;
(d) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by City. (6) Right of the City to Cure Mortgage or Deed of Trust Default. In the event of a mortgage or deed of trust default or breach by Developer prior to the completion of the construction of any of the Developer Improvements or any part thereof, Developer shall immediately deliver to City a copy of any mortgage holder’s notice of default. If the holder of any mortgage or deed of trust has not exercised its option to construct, City shall have the right but no obligation to cure the default. In such event, City shall be entitled to reimbursement from Developer of all proper costs and expenses incurred by City in curing such default. City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be junior and subordinate to the mortgages or deeds of trust pursuant to this Section 2N.
3. DEFAULTS AND REMEDIES
A. Default Remedies. Subject to the extensions of time set forth in Section 4B of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default shall give written Notice of Default to the other party specifying the Default complained of.
Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party within thirty (30) days from receipt of such Notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence.
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19 B. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Fresno, State of California, or in the District of the United States District Court in which such county is located.
C. Termination by the Developer Prior to Conveyance of the Property. In the event that prior to the conveyance of the Property Developer is not in default under this Agreement and: (1) City does not tender title pursuant to the Grant Deed in the manner and condition and by the date provided in this Agreement; or (2) one or more of the Developer Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by Developer; or (3) any default of City prior to Closing is not cured within the time set forth in Section 3A hereof, after written demand by Developer; then this Agreement may, at the option of Developer, be terminated by written Notice thereof to City. From the date of the Notice of termination of this Agreement by Developer to City and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties with respect to the Property by virtue of or with respect to this Agreement. Under these circumstances, Developer shall be entitled to a return of the Developer Deposit.
D. Termination by City Prior to Conveyance of the Property. In the event that prior to conveyance of the Property City is not in Default under this Agreement and: (1) Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Property in violation of this Agreement; or (2) one or more of the City Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by City; or (3) Developer is otherwise in default of this Agreement and fails to cure such default within the time set forth in Section 3A hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Property, shall, at the option of City, be terminated by City by written Notice thereof to Developer. From the date of the Notice of termination of this Agreement by City to Developer and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties. Under these circumstances, City shall be entitled to keep the Developer Deposit plus any accrued interest.
E. Reentry and Revesting of Title in the City for Failure to Timely Commence and Complete Developer Improvements, Begin Operation of Conforming Business Activities, or for an Unlawful Transfer.
(1) After Closing and Prior to Completion of the Developer Improvements or Opening of Conforming Business Activities. City has the right, at its election, to reenter and take possession of the Property transferred to Developer by Grant Deed pursuant to this Agreement, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer (or its successors in interest) shall:
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20 (a) Fail to obtain Construction Financing within the time required in this Agreement or fail to provide evidence satisfactory to City of Construction Financing within the time required in this Agreement.
(b) Fail to start construction of the Developer Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from City; or (c) Abandon or substantially suspend construction of the Developer Improvements required by this Agreement for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer’s acts or omissions or as provided for in Section 4B; or
(d) Fail to complete the Developer Improvements within the time limits set forth in the Schedule of Performance; or
(e) Fail to open Conforming Business Activities within the time limits set forth in the Schedule of Performance; or
(f) Contrary to the provisions of Section 4C, Transfer or suffer any involuntary Transfer in violation of this Agreement.
(2) Conditions of Reentry and Revesting Rights. City’s right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(a) Any mortgage or deed of trust permitted by this Agreement; or (b) Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust.
City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender’s mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements.
The Grant Deed shall contain appropriate reference and provision to give effect to City’s right as set forth in this Section 3E, to reenter and take possession of the Property, with all improvements thereon, and to terminate and revest in City the estate conveyed to Developer.
Upon the revesting in City of title to the Property transferred to Developer by Grant Deed as provided in this Section 3E, City shall have the sole and absolute discretion with respect to the Property, including without limitation retaining the Property for City or other public use, or disposing of the Property in its sole and absolute discretion. If City decides to sell the Property City will use reasonable efforts to resell the Property as soon and in such manner as the City may find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after 249
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21 repayment of any mortgage or deed of trust encumbering the Property, which is permitted by this Agreement, may be applied:
(c) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, including, but not limited to, reasonable City staff costs and any expenditures by City in connection with the recapture, management and resale of the Property or any part thereof (but less any income derived by City from the Property or any part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or any part thereof which Developer has not paid (or, in the event that Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then (d) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incurred for the acquisition and development of the Property transferred to Developer by Grant Deed and for the Developer Improvements existing on such the Property at the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property transferred to Developer by Grant Deed or the Developer Improvements thereon.
Any balance remaining after such reimbursements shall be retained by City as its property. The rights established in this Section 3E are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to the Developer for redevelopment purposes, particularly for development and operation of commercial facilities, and not for speculation. (3) Perfecting Reversionary Interest. City may perfect its revisionary interest by recording a Notice of Reversionary Interest in substantially the form set forth in Attachment No.
5. F. Option to Purchase Property After Completion of Developer Improvements and Operation of Conforming Business Activities. If Developer ceases to operate conforming Business Activities in accordance with Section 2E(2), City shall have the “Option” to purchase the Property, and all improvements thereon.
(1) Exercise of Option. City may exercise this Option by delivering written notice of the exercise (“Exercise Notice”) to Developer before the expiration of the ten (10) year Conforming Business Activity provision (“Option Term”). Upon exercise of the Option, the 250
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22 price to acquire the Property shall be the “Fair Market Value” of the Property (“Acquisition Cost”).
(a) “Fair Market Value” of the Property shall be established by an MAI appraiser.
City and Developer shall each select an MAI appraiser to prepare an appraisal at their own cost.
The Fair Market Value for purposes of this section shall be the average of the two appraisals.
Developer may forego obtaining an appraisal, in which case the Fair Market Value shall be established by City’s appraisal.
(b) Developer’s costs to construct the Developer Improvements shall be established by written receipts, and Developer shall be solely responsible for furnishing appropriate documentation to the satisfaction of the City.
(c) The principal balance of any mortgage, deed of trust, security instrument, or similar lien remaining on the Property at the close of escrow shall be deducted from the Acquisition Cost.
(d) City and Developer may agree to an alternative method of determining the Acquisition Cost, or any portion thereof.
(2) Execution of Purchase Agreement. After receipt of the Exercise Notice for purchase of the Property, Developer and City shall promptly prepare and execute a purchase and sale agreement (“Purchase Agreement”). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within thirty (30) days of the Exercise Notice.
G. Right of First Refusal. For a period of Fifty (50) years from the Effective Date of this Agreement, City shall have a “Right of First Refusal” to acquire the Property, including any improvements located thereon, at a Fair Market Value as described in Section 3F(1)(a). This Right of First Refusal shall apply to a proposed purchase only. (1) Notification to City. Upon Developer’s receipt of a bona fide offer to purchase ("Offer") from a party who is not affiliated with Developer ("Third Party"), which Offer Developer is willing to accept, Developer shall give notice to City ("Notice") that Developer intends to accept the Offer, and concurrently therewith provide City with a copy of the Offer. (2) Election of Right of First Refusal. If City elects to exercise its Right of First Refusal, it shall do so by delivering to Developer written notice of its election (“Election”) to purchase or lease the Property on terms and conditions substantially the same (identical as to purchase price or lease price) set forth in the Offer, within one hundred twenty (120) days after the receipt of the Notice.
If City does not so notify Developer within said 120 days, City shall be deemed to have rejected the Offer and Developer may proceed to sell or lease the Property (free and clear of this 251
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23 Right of First Refusal) to the Third Party on the terms and conditions set forth in the Offer, or on terms which are better for Developer, but not worse for Developer. (3) Execution of Purchase Agreement. If City elects to exercises its Right of First Refusal, Developer and City shall promptly prepare and execute a purchase and sale or lease agreement (“Purchase Agreement”). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within Thirty (30) days of the Election.
(4) Continuation of Right of First Refusal. Upon the consummation of such purchase and sale or lease to the Third Party, this Right of First Refusal shall automatically and without further notice terminate. If, however, Developer does not consummate a sale or lease to the Third Party as aforesaid, this Right of First Refusal shall not terminate, but shall be revived and continue for the then remaining balance of term of this Right of First Refusal.
4. GENERAL PROVISIONS
A. Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.
To City: City Manager
City of Fowler
128 South 5th Street
Fowler, CA 93625
(559) 834-3113
[email protected]
To Developer: Bobby Aulakh
1099 East Champlain Drive, Ste A 1028
Fresno, CA 93720
559-871-1612
[email protected]
Any written notice, demand or communication shall be deemed received: immediately if delivered by hand; 24 hours after delivery to a receipted, overnight delivery service such as Federal Express; 24 hours after delivery be e-mail with an acknowledgement of receipt by the intended recipient; and on the fourth (4th) day from the date it is postmarked if delivered by registered or certified mail.
B. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where 252
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24 delays or defaults are due to: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; governmental restrictions or priority; litigation; acts or omissions of the other party; or acts or failures to act of City or any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City, but where any unreasonable delay by City on an action required by this Agreement shall toll the timeframes for an amount of time equal to such unreasonable delays). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Developer Improvements shall not constitute grounds of enforced delay pursuant to this Section 4B.
C. Transfers of Interest in Property or Agreement.
(1) Prohibition. The qualifications and identity of Developer, as well as Developer’s proposal, are of particular concern to City. Therefore, for the period commencing upon the date of this Agreement and until furnishing of the Release of Construction Covenants: (a) no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement; (b) nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Developer Improvements thereon; collectively referred to herein as a “Transfer,” without the prior written approval of the City, except as expressly set forth herein. (2) Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of a Transfer shall not be required in connection with any of the following:
(a) Any Transfer to an entity or entities in which Developer retains a minimum of fifty-one percent (51%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities.
(b) Any requested assignment for financing purposes (subject to such financing being considered and approved by City pursuant to Section 2N herein), including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Developer Improvements.
In the event of a Transfer by Developer under subparagraph (a) above not requiring the City’s prior approval, Developer nevertheless agrees that at least thirty (30) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing, through an assignment and assumption agreement in a form satisfactory to City’s legal counsel, all of the obligations of this Agreement. Such assignment shall not, however, release the assigning Developer from any obligations to City hereunder. 253
Section 10 D.
25 (3) City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request for approval of a Transfer made pursuant to this Section 4C, provided Developer delivers written Notice to City requesting such approval. Such Notice shall be accompanied by evidence regarding the proposed transferee’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 4C and as reasonably determined by City. City may, in considering any such request, take into consideration such factors as: (a) the quality of any new and/or replacement operator; (b) the sales tax revenues projected to be received from the Property; (c) the transferee’s past performance as developer and operator of commercial facilities; (d) the current financial condition of the transferee, and similar factors. City’s approval shall be by the City Council. City agrees not to unreasonably withhold its approval of any such requested Transfer, taking into consideration the foregoing factors.
An assignment and assumption agreement in form satisfactory to City’s legal counsel shall also be required for all proposed Transfers requiring City approval. Within thirty (30) days after the receipt of Developer’s written Notice requesting City approval of a Transfer pursuant to this Section 4C, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval.
Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested.
D. Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.
E. Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of Developer, which approval shall not be unreasonably withheld.
F. Relationship Between City and Developer. It is hereby acknowledged that the relationship between City and Developer is not that of a partnership or joint venture and that City and Developer shall not be deemed or construed for any purpose to be the agent of the other.
Except as expressly provided herein or in the Attachments hereto, City shall not have any rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Developer Improvements.
G. No Third-Party Beneficiaries Excepting City. Excepting only City, which shall be deemed to be a third-party beneficiary of this Agreement, there shall be no third-party beneficiaries of this Agreement.
H. City Approvals and Actions. City shall maintain authority over this Agreement and the authority to implement this Agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, and/or enter 254
Section 10 D.
26 into certain amendments of this Agreement on behalf of City so long as such actions do not materially or substantially change the uses or development permitted on the Property, and such approvals, interpretations, waivers and/or amendments may include extensions of time to perform as specified in the Schedule of Performance. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council.
I. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement shall be executed in three (3) originals, each of which is deemed to be an original.
J. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. This Agreement includes Attachment Nos. 1 through 5, which are incorporated herein.
K. Real Estate Brokerage Commission. City and Developer each represent and warrant to the other that no broker or finder is entitled to any commission or finder’s fee in connection with Developer’s acquisition of the Property from the City. The parties agree to defend and hold harmless the other party from any claim to any such commission or fee from any other broker, agent or finder with respect to this Agreement which is payable by such party.
L. Interpretation. As used in this Agreement, the word “including” shall be construed as if followed by the words “without limitation.” This Agreement has been prepared with input from both parties, and shall be interpreted as though prepared jointly by both parties.
M. No Waiver. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Nor shall a waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.
N. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
O. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or 255
Section 10 D.
27 unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
P. Legal Advice. Each party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
Q. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.
R. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
S. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
T. Non-Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.
U. Attorneys’ Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys’ fees.
V. Precedence of Documents. If there is any conflict between this Agreement and any supplemental escrow instructions, the order of precedence for resolving conflicts shall be as follows: first this Agreement, second the supplemental escrow instructions.
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Section 10 D.
28 IN WITNESS WHEREOF, City and Developer have executed this Disposition and Development Agreement as of the date set forth above.
BOBBY AULAKH
__________________________ Date: ______________________ Bobby Aulakh
CITY OF FOWLER
__________________________ Date: ______________________ Wilma Tucker
City Manager
ATTEST:
_____________________________ Date: ______________________ Angela Vazquez
City Clerk
APPROVED AS TO FORM:
LOZANO SMITH
_________________________ Date: ______________________
Scott G. Cross
City Attorney
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Section 10 D.
29 ATTACHMENT NO. 1
LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR’S PARCEL NUMBERS 343-172-09T
LEGAL DESCRIPTION
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:
LOT 22, 23, AND 24 OF BLOCK 172 IN BOOK 4, PAGE 15 OF THE TOWN OF FOWLER, FRESNO COUNTY RECORDS.
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30 DEPICTION
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Section 10 D.
1 ATTACHMENT NO. 2
FORM OF GRANT DEED
Recorded By and For the Benefit of,
And When Recorded Return to:
Bobby Aulakh
1099 E Champlain Dr, Ste A 1028
Fresno, CA 93720
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, The City of Fowler, a California municipal corporation (“City”), hereby grants to Bobby Aulakh (“Developer”), the real property hereinafter referred to as the “Property,” described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described therein.
1. Conveyance in Accordance Disposition and Development Agreement. The Property is conveyed in accordance with and subject to a Disposition and Development Agreement entered into between City and Developer dated September 5, 2023 (“DDA”), a copy of which is on file with City at its offices as a public record and which is incorporated herein by reference. The DDA generally requires the Developer to construct certain improvements (“Developer Improvements”) and other requirements as set forth therein. All terms used herein shall have the same meaning as those used in the DDA.
2. Permitted Uses. Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof, that upon the date of this Grant Deed and during construction through completion of development and thereafter, Developer shall devote the Property to the uses specified in this Grant Deed for the periods of time specified therein. All uses conducted on the Property, including, without limitation, all activities undertaken by Developer pursuant to the DDA, shall conform to the DDA and all applicable provisions of the City of Fowler Municipal Code. The foregoing covenants shall run with the land.
3. Restrictions on Transfer and Encumbrances. Developer further agrees as follows:
A. For the period commencing upon the date of this Grant Deed and until the furnishing of the Release of Construction Covenants for the Developer Improvements, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under the DDA or this Grant Deed, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the 260
Section 10 D.
2 Property or the Developer Improvements thereon, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the facilities being operated upon the Property, without the prior written approval of the City pursuant to Section 4C of the DDA.
B. Except as approved in writing by City, Developer shall not place or suffer to be placed on the Property any lien or encumbrance, including but not limited to, mortgages, deeds of trust, or any other form of conveyance required for financing of the construction of the Developer Improvements on the Property and any other expenditures necessary and appropriate to develop the Property pursuant to the DDA, except as provided in Section 2N of the DDA.
C. All of the terms, covenants and conditions of this Grant Deed shall be binding upon Developer and the permitted successors and assigns of the Developer. Whenever the term “Developer” is used in this Grant Deed, such term shall include any other successors and assigns as herein provided.
4. Nondiscrimination. Developer herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any protected class under California State or federal law in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall Developer itself or any person claiming under or through Developer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.
5. City Right of Reentry. City has the right, at its election, to reenter and take possession of the Property, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer (or its successors in interest) shall:
A. Fail to start the construction of the Developer Improvements as required by the DDA for a period of thirty (30) days after written notice thereof from City; or B. Abandon or substantially suspend construction of the Developer Improvements required by the DDA for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer’s acts or omissions or as provided for in Section 4B of the DDA; or
C. Fail to complete the Developer Improvements within the time limits set forth in the DDA; or
D. Fail to open Conforming Business Activities within the time limits set forth in the DDA; or
E. Contrary to the provisions of Section 4C of the DDA, Transfer or suffer any involuntary Transfer in violation of the DDA.
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3 The City’s right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any mortgage or deed of trust permitted by the DDA; or (2) Any rights or interests provided in the DDA for the protection of the holders of such mortgages or deeds of trust.
City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender’s mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements in accordance with Section 2M of the DDA.
Upon the revesting in City of title to the Property as provided in this Section, City shall use its reasonable efforts to resell the Property as soon and in such manner as City shall find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Property, which is permitted by this Agreement, shall be applied:
(1) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, excluding City staff costs, but specifically, including, but not limited to, any expenditures by the City in connection with the recapture, management and resale of the Property or part thereof (but less any income derived by City from the Property or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or part thereof which Developer has not paid (or, in the event that the Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then (2) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incurred for the acquisition and development of the Property and for the Developer Improvements existing on the Property at the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property or the Developer Improvements thereon.
Any balance remaining after such reimbursements shall be retained by City as its property. The rights established in this Section are not intended to be exclusive of any other 262
Section 10 D.
4 right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to Developer for redevelopment purposes, particularly for development and operation of commercial uses, and not for speculation.
6. Violations Do Not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted by Section 3 of this Grant Deed; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.
7. Covenants Run With Land. All covenants contained in this Grant Deed shall be covenants running with the land. All of Developer’s obligations hereunder except as provided hereunder shall terminate and shall become null and void upon completion of the Developer Improvements and the opening of Conforming Business Activities. Every covenant contained in this Grant Deed against discrimination contained in Section 4 of this Grant Deed shall remain in effect in perpetuity.
8. Covenants For Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
9. Revisions to Grant Deed. Both City, its successors and assigns, and Developer and the successors and assigns of Developer in and to all or any part of the fee title to the Property, shall have the right with the mutual consent of City and Developer to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. However, Developer and City are obligated to give written notice to and obtain the consent of any first mortgagee prior to consent or agreement between the parties concerning such changes to this Grant Deed. The covenants contained in this Grant Deed, without regard to technical classification, shall not benefit or be enforceable by any third party not a party to the DDA.
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5 BOBBY AULAKH
__________________________ Date: _____________________
Bobby Aulakh
CITY OF FOWLER
__________________________ Date: _____________________
Wilma Tucker
City Manager
ATTEST:
_______________________________ Date: _____________________ Angela Vazquez
City Clerk
APPROVED AS TO FORM:
LOZANO SMITH
__________________________ Date: _____________________
Scott G. Cross
City Attorney
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Section 10 D.
6 Exhibit A
LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR’S PARCEL NUMBERS 343-172-09T
LEGAL DESCRIPTION
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:
LOT 22, 23, AND 24 OF BLOCK 172 IN BOOK 4, PAGE 15 OF THE TOWN OF FOWLER, FRESNO COUNTY RECORDS.
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Section 10 D.
1 ATTACHMENT NO. 3
SCHEDULE OF PERFORMANCE
1. Execution of Agreement by City.
The City shall execute this Agreement if
approved by City Council.
Within five (5) days after City Council
approval, the City shall deliver two (2)
executed copies of this Agreement to the
Developer who shall execute and return to the
City within five (5) days.
2. Opening of Escrow.
City shall open Escrow with Escrow Agent.
Within ten (10) days after City’s receipt of
fully executed Agreement.
3. Evidence of the Obtainment of
Construction Financing.
Developer submits evidence of Construction
Financing as required by Section 2N.
Prior to Closing.
4. Submission of Development Plans.
Developer submits Design Drawings, Site
Plan, and Construction Plans to City’s
Community Development Director.
For Bank Branch, within ninety (90) days of
Land Use Approvals.
For Medical Office, within ninety (90) days of
Land Use Approvals.
5. City Approval or Disapproval of
Development Plans.
City’s Community Development Director
shall review the Design Drawings, Site Plan,
and Construction Plans, and approve or
disapprove same.
Within sixty (60) days after submittal.
6. Revisions to Development Plans.
Developer shall prepare revised Development
Plans and resubmit them to the Community
Development Director for review.
Within thirty (30) days after receipt of City
comments.
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2 7. Final Review of Development Plans.
The Community Development Director shall
approve or disapprove the revisions submitted
by Developer provided that the revisions
necessary to accommodate the Director’s
comments have been made.
Within thirty (30) days after submittal by the
Developer.
8. Land Use Approvals.
Developer shall obtain any required
discretionary land use entitlements for the
Developer Improvements as required by
Section 2D.
Land use entitlement submittal shall occur not
later than thirty days (30) from the effective
date of this Agreement and must be fully
approved by the City prior to close of escrow.
9. Conditions of Closing.
Developer and City shall satisfy all their
respective Conditions of Closing.
Not later than nine months from the date of
this agreement.
10. Close of Escrow for Conveyance of the
Property.
City shall convey the Property to Developer.
Not later than one year from the date of this
agreement.
11. Construction Permits.
Developer shall obtain all construction and
any other permits (“Building Permits”)
necessary to commence construction of the
Developer Improvements as set forth in
Section 2D.
Bank Branch: Not later than thirty (30) days
after Closing.
Medical Office: Not later than one hundred
eighty (180) days after Closing.
12. Insurance Certificate.
Developer shall provide proof of insurance as
required by Section 2G.
Prior to the commencement of construction.
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Section 10 D.
3 13. Commencement of Construction.
Developer shall commence construction of the
Developer Improvements.
Within thirty (30) days after issuance of the
first building permit.
14. Completion of Construction.
Developer shall complete construction of the
Developer Improvements.
Within twelve (12) months after issuance of
the building permit.
15. Opening of Developer Improvements
for Business.
“Conforming Business Activities” shall
commence.
Within thirty (30) days after issuance of a
certificate of occupancy.
17. Right of First Refusal.
City shall have a Right of First Refusal to
acquire the Property as set forth in Section 3G.
For a period of fifty (50) years from Effective
Date of Agreement.
18. Release of Construction Covenants.
City shall record the Release of Construction
Covenants as set forth in Section 2M and
Attachment No. 4.
In accordance with the DDA.
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Section 10 D.
1 ATTACHMENT NO. 4
RELEASE OF CONSTRUCTION COVENANTS
Recorded By and For the Benefit of,
And When Recorded Return to:
Bobby Aulakh
1099 E Champlain Dr, Ste A 1028
Fresno, CA 93720
RELEASE OF CONSTRUCTION COVENANTS
THIS RELEASE OF CONSTRUCTION COVENANTS (“Release”) is made by the City of Fowler, a California municipal corporation (“City”), in favor of Bobby Aulakh (“Developer”), as of the date set forth below.
RECITALS
A. City and Developer have entered into that certain Disposition and Development Agreement dated September 5, 2023 (“DDA”) concerning the development of certain real property situated in the City of Fowler, California as more fully described in Exhibit A attached hereto and made a part hereof.
B. As referenced in Section 2M of the DDA, City is required to furnish Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements, which Release is required to be in such form as to permit it to be recorded in the Recorder’s office of Fresno County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA for the Developer Improvements.
C. City has conclusively determined that such construction and development of the Developer Improvements has been satisfactorily completed.
NOW, THEREFORE, the City hereby certifies as follows:
1. The Developer Improvements to be constructed by Developer have been fully and satisfactorily completed in conformance with the DDA. Any operating requirements and all use, maintenance or nondiscrimination covenants contained in the DDA and other documents executed and recorded pursuant to the DDA shall remain in effect and enforceable according to their terms.
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3 2. Nothing contained in this Release shall modify in any other way any other provisions of the DDA.
IN WITNESS WHEREOF, the City has executed this Release this __ day of __________ 202_.
CITY OF FOWLER, a California municipal corporation
By: _________________________________________
Wilma Tucker
City Manager
ATTEST:
_____________________________
Angela Vasquez
City Clerk
APPROVED BY DEVELOPER:
BOBBY AULAKH
By: __________________________
Bobby Aulakh
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Section 10 D.
4 Exhibit A
LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR’S PARCEL NUMBERS 343-172-09T
LEGAL DESCRIPTION
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:
LOT 22, 23, AND 24 OF BLOCK 172 IN BOOK 4, PAGE 15 OF THE TOWN OF FOWLER, FRESNO COUNTY RECORDS.
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1 ATTACHMENT NO. 5
NOTICE OF REVERSIONARY INTEREST
Recorded By and For the Benefit of,
And When Recorded Return to:
CITY OF FOWLER
128 South 5th Street
Fowler, CA 93625
ATTN: City Clerk
NOTICE OF REVERSIONARY INTEREST
APN 343-172-09T
RECITALS
WHEREAS, the City of Fowler, a California municipal corporation (“City”), and Bobby Aulakh (“Developer”), (“Developer”), entered into that certain Disposition and Development Agreement dated September 5, 2023 (“DDA”) concerning the development of certain real property situated in the City of Fowler, County of Fresno, State of California (“Property”) as more fully described in Exhibit A attached hereto and made a part hereof; and WHEREAS, pursuant to Section 2 of the DDA, Developer failed to complete certain Improvements by specified dates or otherwise failed to timely cure a breach of the DDA, and therefore Title to the Property has reverted back to City.
NOW, THEREFORE, City does hereby give notice that Title has reverted to City for the Property and City intends to exercise all rights to the Property.
IN WITNESS WHEREOF, City has duly executed this instrument this __ day of ________, 202_.
CITY OF FOWLER
By: ____________________________________
Wilma Tucker
City Manager
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2 Exhibit A
LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR’S PARCEL NUMBERS 343-172-09T
LEGAL DESCRIPTION
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:
LOT 22, 23, AND 24 OF BLOCK 172 IN BOOK 4, PAGE 15 OF THE TOWN OF FOWLER, FRESNO COUNTY RECORDS.
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Section 10 D.
CITY COUNCIL OF THE CITY OF FOWLER
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: DAWN E. MARPLE, City Planner
SUBJECT: Actions pertaining to Planning Project 23-13:
i) INTRODUCE ORDINANCE No. 2023-08, regarding Planning Project 23-13, proposing to Rezone the property located at the northwest corner of the intersection of North 4th Street and East Merced Street (Assessor’s Parcel Numbers [APNs] 343-143-10 & 11) from R-1-7 (One Family Residential, 7,000 square foot lot minimum) to FBC (Form Based Code).
ii) FIND that the project qualifies as an infill project and is therefore exempt from further environmental review pursuant to Public Resources Code Section 21094.5 and California Environmental Quality Act (CEQA) Guidelines Section 15183.3.
EXECUTIVE SUMMARY
This action will allow for the construction of a high-quality infill multi-family housing development on a currently vacant parcel. The project is consistent with General Plan goals and policies.
BACKGROUND
On August 3, 2023, the City of Fowler Planning Commission approved a Conditional Use Permit (CUP) and Lot Line Adjustment (LLA) and recommended that the City Council approve a Rezone in association with Planning Project 23-13. Planning Commission’s approval of the CUP and LLA is contingent upon the City Council’s approval of the Rezone. The CUP would allow for the construction and operation of a 10-unit multi-family housing development on an infill site within the City, located at the northwest corner of North 4th Street and East Merced Street. The site, which is 0.52 acres in total size, is comprised of two underlying parcels (APNs 343-143-10 and 11) that would become merged through the LLA. In order to develop multi-family housing on the site, the project proponent requested a Rezone of the site from R-1-7 (One -family Residential, 7,000 square foot lot minimum) to FBC (Form Based Code). With the approval of a Rezone, the site would be developed in accordance with the development standards prescribed within the FBC zone district. The Rezone of the site to FBC would bring it into consistency with its General Plan land use designation of High Density Residential.
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PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on August 25, 2023, which is at least 10 days prior to the public hearing. It was also sent via US Mail to property owners within 300 feet of the proposed project and residents occupying property within 100 feet of the proposed project.
ENVIRONMENTAL REVIEW
A Notice of Determination for the project will be filed pursuant to Public Resources Code Section 21094.5 and California Environmental Quality Act (CEQA) Guidelines Section 15183.3. The project qualifies as an infill project that is consistent with both the General Plan and the General Plan Environmental Impact Report. An Infill Checklist is attached hereto as Attachment 10, in accordance with CEQA Guidelines Section 15183.3, subdivision (d)(1).
GENERAL PLAN CONSISTENCY
The proposed project is consistent with the following General Plan goals and policies:
General Plan Goal LU-1
Growth occurs logically and efficiently.
General Plan Goal LU-2
A wide range of housing types are available to accommodate all housing needs in the community.
General Plan Policy LU-1
Development shall occur in accordance with the planned land uses as shown on Figure 4-1: Land Use Diagram.
General Plan Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.
General Plan Goal CDES-1
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
General Plan Policy CDES-6
Require site plan review for all multifamily, commercial, and industrial development, to ensure consistency with all applicable development standards. Require project design to respond to site features.
General Plan Policy CDES-24
New multifamily residential projects are designed in a way such they enhance Fowler’s character.
General Plan Policy CH-4
Require street trees or other shade coverage along key pedestrian and bicycle routes and near transit stops.
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General Plan Policy MOB-29
Use appropriate entitlement processes and financial tools to ensure new development contributes a fair share of the transportation improvements and/or costs to provide necessary improvements.
General Plan Policy ED-5
Discourage passive land uses, underutilization of land, and vacant structures on available commercial sites.
FISCAL IMPACT
The project would result in the collection of development impact fees for multi-family residential projects in accordance with the most current development impact fee schedule at the time that the project application was received by the City. Development of the site would also increase the assessed value of the property and therefore generate additional ongoing property tax revenue to the City.
CONFLICT OF INTEREST
Mayor Pro Tem Mejia owns real property within 1000’ of the subject property.
Attachments
- Attachment 1: Regional Vicinity Map
- Attachment 2: Aerial Map
- Attachment 3: Zoning Map (Current)
- Attachment 4: Zoning Map (Proposed)
- Attachment 5: General Plan Land Use Map
- Attachment 6: CEQA Guidelines Infill Checklist
- Ordinance No. 2023-08 & Exhibit A
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Attachment 1: Regional Vicinity Map
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Section 10 E.
Attachment 2: Aerial Map
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Section 10 E.
Attachment 3: Zoning Map (Current)
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Attachment 4: Zoning Map (Proposed)
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Section 10 E.
Attachment 5: General Plan Land Use Map
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Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
CEQA Guidelines Appendix N Infill Streamlining Checklist Pursuant to Public Resources Code Section 21094.5 and CEQA Guidelines Section 15183.3, project which meet the qualifications to be considered an infill project and which are consistent with a previously certified EIR may be streamlined during the environmental analysis portion of the project. Projects under the Infill Streamlining provisions of the Publics Resources Code and CEQA Guidelines may be determined to fall within three categories, described below.
No Further Review
No additional environmental review is required if the infill project would not cause any new specific effects or more significant effects, or if uniformly applicable development policies or standards would substantially mitigate such effects. Where the lead agency determines that no additional environmental review of the effects of the infill project is required, the lead agency shall file a Notice of Determination as provided in Section 15094. Where the lead agency finds that uniformly applicable development policies substantially mitigate a significant effect of an infill project, the lead agency shall make the finding described in subdivision (d)(2)(D).
Negative Declaration, Mitigated Negative Declaration or Sustainable Communities Environmental Assessment
If the infill project would result in new specific effects or more significant effects, and uniformly applicable development policies or standards would not substantially mitigate such effects, those effects shall be subject to CEQA. If a new specific effect is less than significant, the lead agency may prepare a negative declaration. If new specific effects or more significant effects can be mitigated to a less than significant level through project changes agreed to prior to circulation of the written checklist, the lead agency may prepare a mitigated negative declaration. In these circumstances, the lead agency shall follow the procedure set forth in Sections 15072 to 15075. Alternatively, if the infill project is a transit priority project, the lead agency may follow the procedures in Section 21155.2 of the Public Resources Code. In either instance, the written checklist should clearly state which effects are new or more significant, and are subject to CEQA, and which effects have been previously analyzed and are not subject to further environmental review. Where the lead agency finds that uniformly applicable development policies or standards substantially mitigate a significant effect of an infill project, the lead agency shall make the finding described in subdivision (d)(2)(D).
Infill EIR
If the infill project would result in new specific effects or more significant effects, and uniformly applicable development policies or standards would not substantially mitigate such effects, those effects are subject to CEQA. With respect to those effects that are subject to CEQA, the lead agency shall prepare an infill EIR if the written checklist shows that the effects of the infill project would be potentially significant. In this circumstance, the lead agency shall prepare an infill EIR as provided in subdivision (e) and, except as otherwise provided in this section, shall follow the procedures in Article 7. Where the lead agency finds that uniformly applicable development policies or standards substantially mitigate a significant effect of an infill project, the lead agency shall make the finding described in subdivision (d)(2)(D). 282
Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
The Findings discussed in each of the three categories and contained in subdivision (d)(2)(D) are discussed below.
Findings
Any findings or statement of overriding considerations required by Sections 15091 or 15093 shall be limited to those effects analyzed in an infill EIR. Findings for such effects should incorporate by reference any such findings made in connection with a planning level decision. Where uniformly applicable development policies or standards substantially mitigate the significant effects of an infill project, the lead agency shall also make a written finding, supported with substantial evidence, providing a brief explanation of the rationale for the finding.
Project Determination
In order to determine whether or not an individual project that meets the infill criteria prescribed in Public Resources Code Section 21094.5 and CEQA Guidelines Section 15183.3 would have an individual significant impact on the environment, which is not consistent with the certified EIR, the following checklist shall be completed.
Name of Project: Casa Blanca Apartments (Planning Project 23-13) Project Location: Northwest corner of North 4th Street and East Merced Street (APN 343-143-10 & 11) General Plan Land Use Designation: High Density Residential Zoning Designation: Existing R-1-7 (One-Family Residential) (Form Based Code (FBC) proposed) Prior Environmental Document(s) Analyzing the Effects of the Infill Project (Include SCH#):
City of Fowler General Plan Environmental Impact Report – SCH 2021110053 Location of Prior Environmental Document(s) Analyzing the Effects of the Infill Project:
City of Fowler Planning Area
Description of Project (Describe the Whole of the Action):
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Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
Construction of a 10-unit multi-family residential development on a 0.52 piece of property. The Project would include a 4-plex of 6,080 sqft of total floor area and a 6-plex of 7,447 sqft of total floor area. The project would result in a rezone to zone the property FBC from R-1-7. A CUP would allow the operation of a multi-family residential development in the FBC zone district. A LLA would merge APN 343-143-10 and 11 into one contiguous parcel (0.17 and 0.34 acres, respectively) of 0.52 acres Surrounding Land Uses (Must Have urban Uses Surrounding 75% of the Site):
NW, SW, SE = Existing Residential land uses. NE = Presbyterian Church of Fowler Other Public Agencies Whose Approval may be Required:
SKFCSD
Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?:
The Project would be consistent with the City of Fowler General Plan Environmental Impact Report which analyzed Tribal Cultural Resources under that prior certified document. 284
Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
Satisfaction of Appendix M Performance Standards
Provide the information demonstrating that the infill project satisfies the performance standards in Appendix M of the CEQA Guidelines below. For mixed-use projects, the predominant use will determine which performance standards apply to the entire project.
Does the non-residential infill project include a renewable energy feature? If so, describe below. If not, explain why it is infeasible.
N/A
If the project site is included on any list compiled pursuant to Section 65962.5 of the Government Code, either provide documentation of remediation or describe the recommendations provided in a preliminary endangerment assessment or comparable document that will be implemented as a part of the project:
The Project would not be located on a hazardous waste site.
If the infill project includes residential units located within 500 feet, or such a distance that the local agency or local air district has determined is appropriate based on local conditions, a high volume roadway or other significant source of air pollution, as defined in Appendix M, describe the measures that the project will implement to protect public halt. Such measures may include policies and standards identified in the local General Plan, specific plans, zoning code, or community risk reduction plan, or measures recommended in a health risk assessment, to promote the protection of public health. Identify the policies or standards, or refer to the site specific analysis, below (Attach additional sheets if necessary):
N/A
For residential projects, which of the following been satisfied? Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map) 285
Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
Located within 0.5 miles of an existing major transit stop or an existing stop along a high quality transit corridor. (Attach map showing proximity to transit) Consists of 300 or fewer units that are each affordable to low income households. (Attach evidence per Appendix M)
For commercial projects with a single building floor-plate below 50,000 square feet, the project satisfies which of the following?
Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map) The project is within 0.5 miles of 1800 dwelling units. (Attach map showing proximity to households)
For office building projects, the project satisfies which of the following? Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map) The project is within 0.5 miles of an existing major transit stop or within 0.25 miles of a stop along a high quality transit corridor. (Attach map showing proximity to transit) For school projects, the project does all of the following:
The project complies with the requirements in Sections 17213, 17213.1, and 17213.2 of the California Education Code.
The project is an elementary school and is within one mile of 50% of the student population, or is a middle school and is within two miles of 50% of the student population. Alternatively, the school is within 0.5 miles of an existing major transit stop or an existing stop along a high quality transit corridor. (Attach map and methodology)
The project provides parking and storage for bicycles and scooters.
For small walkable community projects, the project must be a residential project that has a density of at least eight units to the acre or a commercial project with a floor area ratio of at least 0.5, or both.
Does the project meet these requirements?
The Project meets the definition of a walkable community project and would result in a density of
19.23 du/ac.
Environmental Factors Potentially Affected:
The infill project could potentially result in one or more of the following environmental effects. 286
Section 10 E.
City of Fowler Planning 128 S. 5th
Street Fowler CA 93625 (559) 834-3113
PLANNING & COMMUNITY DEVELOPMENT
Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology / Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance
Determination
On the basis of the initial evaluation:
I find that the proposed infill project WOULD NOT have any significant effects on the environment that either have not already been analyzed in a prior EIR or that are more significant than previously analyzed, or that uniformly applicable development polices would not substantially mitigate. Pursuant to Public Resources Code Section 21094.5, CEQA does not apply to such effects. A Notice of Determination (Section 15094) will be filed.
I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or a more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. With respect to those effects that are subject to CEQA, I find that such effects WOULD NOT be significant and a NEGATIVE DECLARATION, or if that project is a Transit Priority Project a SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT, will be prepared.
I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or are more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that although these effects could be significant, there will not be a significant effect in this case because revisions in the infill project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION, or if the project is a Transit Priority Project a SUSTAIANBLE COMMUNITIES ENVIRONMENTAL ASSESSMENT, will be prepared.
I find that the proposed infill project would have effects that either have not been analyzed in a prior EIR or are more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that those effects WOULD be significant, and an infill ENVIRONMENTAL IMPACT REPORT is required to analyze those effects that are subject to CEQA.
Signature: Date:
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ORDINANCE NO. 2023-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING
THE OFFICIAL ZONING MAP OF THE CITY TO REFLECT A CHANGE OF ZONE FOR ASSESSOR’S PARCEL NUMBERS 343-143-10 AND 11 FROM THE R-1-7 ZONE DISTRICT (ONE FAMILY RESIDENTIAL, 7,000 SQUARE FOOT LOT MINIMUM) TO THE FBC ZONE DISTRICT (FORM BASED CODE); AND ADOPTION OF A FINDING THAT THE ZONING AMENDMENT IS CONSISTENT WITH THE CITY’S GENERAL
PLAN AND GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, IN
ACCORDANCE WITH PUBLIC RESOURCES CODE SECTION 21094.5 AND CEQA GUIDELINES SECTION 15183.3.
THE CITY COUNCIL OF THE CITY OF FOWLER ORDAINS AS FOLLOWS:
SECTION 1.
The Official Zoning Map of the City of Fowler is hereby amended to designate Assessor’s Parcel Numbers 343-143-10 and 11 with the Form Based Code zone district as indicated in Exhibit “A” attached hereto.
SECTION 2.
The City Council hereby finds that the amendment of the City’s Official Zoning Map, as described under Section 1 herein, in relation to the prior actions approved by the City’s Planning Commission on August 3rd, 2023 meets the criteria to be considered and infill project is consistent with the City’s General Plan and General Plan Environmental Impact Report and is therefore not subject to further environmental review under the California Environmental Quality Act (CEQA), in accordance with Public Resources Code Section 21094.5 and CEQA Guidelines Section 15183.3.
SECTION 3.
This ordinance shall take effect and be in full force and effect from and after thirty (30) days following its final passage and adoption. Within fifteen (15) days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on September 5th, 2023 and passed and adopted at a regular meeting of the City Council held on the ______ day of ______________ 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________________
Angela Vasquez, City Clerk
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Exhibit “A”
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Section 10 E.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: September 5, 2023
FROM: WILMA TUCKER, City Manager
SUBJECT: Approve First Amendment to Police Chief Employment Agreement with Michael Reid
EXECUTIVE SUMMARY
Staff recommend the City Council approve the above proposed action.
BACKGROUND
Michael Reid has served as Police Chief since August 2022. The terms of his current employment agreement provide that he is eligible to receive an increase in salary and/or benefits following an annual performance evaluation. The annual performance evaluation has been completed, and the City Council is authorized to approve the attached First Amendment to Police Chief Employment Agreement.
The First Amendment to Police Chief Employment Agreement includes the following changes in the compensation and benefits to be paid by the City:
Monthly Salary of $12,915 ($154,980 annually) – a 5% increase from $12,300/monthly ($147,600 annually).
Increased uniform allowance from $900 annually to $1,200 annually.
The Police Chief’s salary is set by the terms of the employment agreement. Accordingly, if approved, the new salary will be reflected as Step E on the Police Chief classification of the salary classification schedule. If approved, the increased salary will be effective beginning September 16, 2023.
REASONS FOR RECOMMENDATION
The performance evaluation for the Police Chief has been completed. He is eligible to receive a salary increase as approved by the City Council and agreed upon in an amendment to his employment agreement.
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Section 10 G.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.
FISCAL IMPACT
Approval will result in a 5% increase in salary ($615/month; $7,380/year) and an increase of $300/year for uniform allowance all of which can be absorbed in the FY24 adopted budget due to salary savings within the department.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- First Amendment to Police Chief Employment Agreement
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Section 10 G.
1 FIRST AMENDMENT TO CHIEF OF POLICE EMPLOYMENT AGREEMENT This First Amendment to Chief of Police Employment Agreement (“First Amendment”) is entered into on September 5, 2023, by and between the City of Fowler, a municipal corporation (“City”), and Michael S. Reid (“Reid”), with respect to the following Recitals, which are a substantive part of this First Amendment.
RECITALS
A. City and Reid entered into a Chief of Police Employment Agreement on August 2, 2022 (“Agreement”).
B. City and Reid both desire to make amendments to the Agreement.
NOW, THEREFORE, in view of the above recitals and in consideration for the mutual promises set forth in the Agreement and this First Amendment, City and Reid agree as follows:
AGREEMENT
1. Section 3 of the Agreement is amended to read as follows:
3. Salary. Beginning September 16, 2023, Reid shall receive a monthly salary of $12,915.00 ($154,980.00 annually), which shall be reflected as the new Step E of the Chief of Police classification on the City’s adopted salary classification schedule. Reid shall be entitled to any cost-of-living adjustments as may be approved and reflected in any subsequently adopted salary schedules of the City. Reid shall be eligible to receive an increase in salary and/or benefits on the basis of an annual performance evaluation as approved by the City Manager, provided any increase in salary and/or benefits is mutually agreed upon by Reid and the City Council and reflected in an amendment to the Agreement. Nothing herein shall be deemed to impair the City’s authority to revise the salary classification for the Chief of Police on the City’s salary schedule, but any change affecting Reid’s salary must be mutually agreed upon by Reid and the City Council and reflected in an amendment to the Agreement.
2. Section 4 of the Agreement is amended to read as follows:
4. Uniform Allowance. Upon each anniversary date of his employment Reid shall receive a payment of One Thousand Two Hundred Dollars ($1,200.00) as an annual uniform allowance. If the annual uniform allowance has been paid to Reid and an increased annual uniform allowance is approved by the City Council for Reid later in the same fiscal year after Reid’s anniversary date and receipt of a then-current annual uniform allowance payment, Reid shall be paid the difference between the amount of the approved increased annual allowance and the annual allowance already paid in that fiscal year, and such additional amount shall be paid to Reid in the next available payroll after any amendment to the Agreement is approved by the City Council. This shall not entitle Reid to receive any increased annual allowance for payments made in a prior fiscal year.
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2 3. Except as amended in this First Amendment all other provisions of the Agreement shall continue in full force and effect.
CITY OF FOWLER CHIEF OF POLICE
By: _______________________________ By: _________________________ Daniel T. Parra, Mayor Michael S. Reid
By: _______________________________
Wilma Tucker, City Manager
APPROVED AS TO FORM
___________________________________
Scott G. Cross, City Attorney
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Section 10 G.