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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 23, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, - 2 -
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programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Joe Duran, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April as Earth Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring May as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Proclamation declaring April as Autism Awareness Month and Presentation by Modesto Police Department. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
4. Consider approving the minutes for the April 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the April 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the establishment of inter-fund loans from the General Fund to Fund 3224, City-Led Specific Plans in an amount not to exceed $675,000 and approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for $650,000, over three years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the establishment of inter-fund loans from the General Fund to Fund 3224- City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not-to-exceed $675,000 for City-Led Specific Plans and authorizing the City Manager to carry out the necessary budget adjustments for up to the total amount of $675,000 to implement this action. Resolution approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years and authorizing the City Manager or his designee to execute the Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
6. Consider approving a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,289,933. (Funding Source: Streets Capital Facility Fees)
Staff Recommendation:
Resolution approving the Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933, - 4 -
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and authorizing the City Manager, or his designee to execute the Fourth Amendment.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
7. Consider accepting an Informational Report for the February 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the February 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving the Agreement for Sewer & Storm Pipe and Fittings to Ferguson Waterworks, Modesto, CA for a total amount not to exceed $875,000 over five years. (Funding Source: Wastewater and Water Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Sewer & Storm Pipe and Fittings to the Ferguson Waterworks, Modesto CA for a two-year Agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years and authorizing the Director of Finance, or her designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
9. Consider approving a Second Amendment with Ferguson Waterworks, Modesto CA, for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials to a total revised amount of $2,995,000 over five years. (Funding Source:
Water Fund)
Staff Recommendation:
Resolution approving a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
10. Consider approving the Agreement for Uniform and Laundry Services for Citywide locations to Aramark Uniform Services, Burbank, CA for a total amount not to exceed $1,120,000 over seven years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Uniform and - 5 -
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Laundry Services to Aramark Uniform Services, Burbank CA for a three-year Agreement with four one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
11. Consider approving an Agreement for Polling and Survey Administration services to Zencity Technologies, Inc. Wilmington, DE and the First Amendment to Probolsky Research, LLC, San Francisco, CA, for a combined amount not to exceed $839,900 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements and authorizing the City Manager or his designee to execute the Agreement and Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
12. Consider amending the Classification Plan to move the positions of Park Ranger from range 1114 to range 1119 and EMS Coordinator from range 437 to range 442. (Funding Source: American Rescue Grants Fund and Measure H) Staff Recommendation:
Resolution amending the Classification Plan for the City of Modesto to amend the classifications of Police Park Ranger and Emergency Medical Services Quality Improvement Coordinator.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
13. Consider approving the Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years. (Funding Source: Building Maintenance Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a three-Year Agreement with two one-year extension options, for a combined annual estimated amount of $115,000, and a combined total amount not to exceed $593,127 over five years between the two Agreements, authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers without exceeding an estimated annual amount of $115,000 and overall cost of - 6 -
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$593,127 and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent
14. Consider accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and entering into a funding agreement. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to enter into a funding agreement. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Revenue and Expense budgets in the combined amount of $11,273,412 to fund the Construction Phase of the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on April 3, 2024
15. Hearing to consider an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and nonperformers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
CED; Tristan Osborn, 209-577-5267, [email protected] - 7 -
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NEW BUSINESS
16. Consider accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries and setting a public hearing for the May 14, 2024 Council meeting to consider an Ordinance amending the salaries pursuant to Modesto Charter Section 703. (Funding Source: General Fund) Staff Recommendation:
Motion accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries. Motion setting a Public Hearing for the May 14, 2024 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, APRIL 23, 2024 @ 5:00 P.M.
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Robert Berbena v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14483235
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 09, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton (Excused Absence) Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Vice Mayor Alvarez Items 12 and 28 Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Closed Session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as National Volunteer Month.
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2. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as Fair Housing Month.
3. Proclamation declaring April as Donate Life Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as Donate Life Month.
MISCELLANEOUS
4. Consider approving the appointment of Amin Vohra to the Board of Zoning Adjustment for a four-year term with a term expiration of December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Amin Vohra to the City of Modesto Board of Zoning Adjustment, with a term expiration of December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Alvarez; 6/0) Resolution 2024-103 appointing Amin Vohra to the City of Modesto Board of Zoning Adjustment, with a term expiration of December 31, 2027.
5. Consider approving appointments to fill three City of Modesto vacancies for the Equity Commission for a partial unexpired term ending December 31, 2026, for all vacancies. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Jim Stokes, Adriana Garcia and Nour Poles to the Equity Commission for a partial unexpired ending term of December 31, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Ricci/Alvarez; 6/0) Resolution 2024-104 approving the appointments of Jim Stokes, Adriana Garcia and Nour Poles to the Equity Commission for a partial unexpired ending term of December 31, 2026.
6. Consider accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] #4..
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ACTION: (Williams/Wright; 6/0) Resolution 2024-105 accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission.
7. Consider approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Williams/Wright; 6/0) Resolution 2024-106 approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027.
PUBLIC COMMENT IN PERSON
• Nancy Robinson, Modesto Garden Club President announced upcoming events, notably the Spring Garden Tour on April 20th, a major fundraiser. The tour will feature six beautiful gardens maintained by owners, with tickets priced at $25. Refreshments, raffles, and recognition of local businesses supporting the event are planned. Proceeds from the tour support scholarships and community projects like therapeutic gardens and city beautification. She also mentioned the upcoming replanting of downtown pots and a ribbon-cutting ceremony for the new Centennial Garden on May 16th. • Danielle Morgart, Representative of Assemblyman Alanis, shared updates on Bills related to public safety and retail theft. Bills like AB 1845 and AB 1972 passed committee and head to Appropriations, while AB 1990 is addressing consequences for retail theft. She offered assistance and highlighted the impact on local businesses. • Howard Carmen expressed frustration with housing issues, emphasizing the lack of progress and transparency. He criticized the inefficiency of communication and assistance for those in need. Howard plans to escalate the matter to higher authorities for resolution.
• Teresa Gamboa, Woodland West Community Neighborhood Chairwoman addressed concerns about a proposed tiny house village at Modesto Church of the Brethren and emphasized the need for neighborhood involvement and transparency. She expressed community opposition to the project, citing potential division and mistrust. Teresa thanked local officials for their support and invited participation in community events. #4..
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• John Lucas advocated for the establishment of safe camping areas for the unsheltered, criticizing the current approach as inhumane and ineffective. He urged the council to reconsider their decision and prioritize solutions for homelessness. • Zeff criticized the City's approach to homelessness, emphasizing the need for immediate action and practical solutions. He highlighted issues with existing programs and called for more direct engagement with affected individuals.
• Jerry Thompson raised concerns about gender representation on the Walk of Fame and urged action to address homelessness and mental health issues. He called for collaboration between the City and County to tackle homelessness effectively. • Derek Castle, Modesto Church of the Brethren Representative expressed the church's support for the community's concerns regarding a proposed tiny house village. He highlighted the church's history of hosting families in need and their commitment to neighborhood safety. He acknowledged the concerns raised and emphasized the need for dialogue and collaboration. He further stated that the proposal was suspended. • A concerned neighbor of Woodland West expressed deep apprehension regarding the consideration of establishing tiny homes in the neighborhood. She highlighted a lack of transparency in the decision-making process and emphasized the close-knit nature of the community. Concerns were raised about the proposed tiny homes lacking basic amenities like water and electricity, posing challenges for families. She shared concerns on the potential negative impact on the neighborhood's safety and resources. She spoke against considering any proposals for tiny homes in their residential community. She opposed any proposals for tiny homes in her neighborhood.
• Ron Sims stated he is a West Modesto Resident and voiced concerns about the potential impact of a proposed housing project on the community, particularly on children and neighborhood safety. He urged decision-makers to consider the welfare of residents and oppose the project.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8 - 11, 13--27: (Wright/Mayor Zwahlen; 6/0)
CONSENT
Consent
8. Consider approving the minutes for the March 12, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the March 12, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Motion approving the minutes for the March 12, 2024 Council Meeting.
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Consent
9. Consider accepting the informational Fiscal Year 2023-24 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget. (Funding Source: General Fund)
Resolution accepting the informational Fiscal Year 2023-24 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-107 accepting the informational Fiscal Year 2023-24 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget.
Consent
10. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-108 amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
Consent
11. Consider approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed $495,000 for continued representation in police related matters. (Funding Source: General Liability Insurance Fund)
Resolution approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed $495,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-109 approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed #4..
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$495,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment. (Recusal Vice Mayor Alvarez)
Consent
12. Consider approving a Change in Ownership request for retail dispensary Medallion Wellness. (Funding Source: Cannabis Annual Permit Fee)
Resolution approving the Change in Ownership request for retail dispensary Medallion Wellness resulting in Phenos Collective Inc. acquiring eighty percent (80%) of Medallion Wellness.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Bavaro/Ricci; 5/0; Alvarez Recused) Resolution 2024-110 approving the Change in Ownership request for retail dispensary Medallion Wellness resulting in Phenos Collective Inc. acquiring eighty percent (80%) of Medallion Wellness.
Consent
13. Consider approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350. (Funding Source:
Community Development Block Grant Funds)
Resolution approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 and authorizing the City Manager, or his designee to execute the Agreements.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-111 approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 and authorizing the City Manager, or his designee to execute the Agreements.
Consent
14. Consider accepting the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 11, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Resolution approving the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy #4..
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and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 11, 2024, to consider the Fiscal Year 2024-25 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-112 approving the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 11, 2024, to consider the Fiscal Year 2024-25 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District.
Consent
15. Consider approving the Fiscal Year 2024-25 Engineer’s Annual Report and setting a Public Hearing for the levy and collection of assessment for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance Assessment District No. 2)
Resolution accepting the Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 11, 2024 to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-113 accepting the Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 11, 2024 to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
Consent
16. Consider approving Fiscal Year 2024-2025 Engineer’s Report and setting a Public Hearing on June 11, 2024 for the levy and collection of assessments for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access #4..
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control walls in Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source:
Landscape Maintenance District No. 1)
Resolution accepting Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 2511, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-114 accepting Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 2511, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
Consent
17. Consider accepting the Monthly Investment Report for January 2024. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for January 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Motion accepting the Monthly Investment Report for January 2024.
Consent
18. Consider accepting an Informational Report on the November and December 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the November and December 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Motion accepting an Informational Report for the November and December 2023 Grant Applications and Awards.
Consent
19. Consider accepting the Annual Fire Inspection Report for 2023. (Funding Source: Not Applicable)
Resolution accepting the Annual Fire Inspection Report for 2023.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] #4..
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ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-115 accepting the Annual Fire Inspection Report for 2023.
Consent
20. Consider approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine (9) firefighter positions and authorize the City Manager, or his designee, to submit the application. (Funding Source: General Fund)
Resolution approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine (9) firefighter positions and authorize the City Manager, or his designee, to submit the application.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-116 approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine firefighter positions and authorize the City Manager, or his designee, to submit the application.
Consent
21. Consider approving a First Amendment to the Purchasing Agreement with Curtis Blue Line, Oakland CA (Formerly known as (FKA) L.N. Curtis and Sons) for personal protection equipment to a revised total amount not to exceed $3,448,082 over five years. (Funding Source: General Fund)
Resolution approving a First Amendment to the Purchase Agreement with Curtis Blue Line (FKA L.N. Curtis and Sons) for personal protection equipment to increase the Agreement in the amount of $2,148,082 to a revised total amount not to exceed $3,448,082 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-117 approving a First Amendment to the Purchase Agreement with Curtis Blue Line (FKA L.N. Curtis and Sons) for personal protection equipment to increase the Agreement in the amount of $2,148,082 to a revised total amount not to exceed $3,448,082 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
Consent
22. Consider increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from eight percent (8%) ($132,716) to fifteen and one-half percent (15.5%) ($257,138) for a total amount not to exceed $1,916,093. (Funding Source: TRRP #4..
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Capital Improvement Program (CIP) Fund, Parks CFF Fund, and Non-Motorized Boating Facilities Grant Program Funds)
Resolution increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen- and one-half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders, Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-118 increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen- and one-half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders, Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093.
Consent
23. Consider an Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years. (Funding Source: Carpenter Road Landfill and Compost Facility)
Resolution approving the Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-119 approving the Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
24. Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,850,000 and rescinding Resolution No. 2024-098. (Funding Source: Water Fund) Resolution approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,850,000, rescinding Resolution No. 2024-098, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; David Felix, 209-577-5488, [email protected] #4..
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ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-120 approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,850,000, rescinding Resolution No. 2024-098, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
25. Consider approving an Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Compactor Management Company LLC, Union City, CA, for a total amount not to exceed $282,050, over five years. (Funding Source:
Sewer Operations Funds)
Resolution approving the Award of Bid and Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a (2) two-year Agreement with (3) three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-121 approving the Award of Bid and Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
Consent
26. Consider approving the First Amendment to the Agreement with Duke’s Root Control Service for the provision of Sewer Root Control Services to a revised total amount not to exceed $551,758 over five years. (Funding Source: Sewer Operations Fund) Resolution approving the First Amendment increasing the Agreement amount with Duke’s Root Control Service, for Sewer Root Control Services by $54,121 from $65,879 to a revised annual estimated amount of $120,000, to be applied to Agreement years three (3), four (4), and five (5), and an additional 25% to be included in Agreement years four (4) and five (5), and a new total amount not to exceed $551,758 over five years; and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-122 approving the First Amendment increasing the Agreement amount with Duke’s Root Control Service, for Sewer Root Control Services by $54,121 from $65,879 to a revised annual estimated amount of $120,000, to be applied to Agreement years three, four, and five, and an additional 25% to be included in Agreement years four and five, and a new total #4..
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amount not to exceed $551,758 over five years; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
27. Consider approving the Fourth Amendment with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Agreement for a revised total amount of $935,000, and extending the term of the Agreement from May 10, 2024, to August 31, 2024. (Funding Source: Various Funds) Resolution approving the Fourth Amendment increasing the Agreement amount with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Services by $360,000 from $575,000 for a new total amount of $935,000 and extending the term of the Agreement from May 10, 2024, to August 31, 2024; and authorizing the City Manager, or his designee to execute the Fourth Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-123 approving the Fourth Amendment increasing the Agreement amount with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Services by $360,000 from $575,000 for a new total amount of $935,000 and extending the term of the Agreement from May 10, 2024, to August 31, 2024; and authorizing the City Manager, or his designee to execute the Fourth Amendment.
COUNCIL COMMENTS & REPORTS
Council Member Williams informed the public about the "Walk on Fire" event supporting veterans, addressing the issue of veteran suicides. He also thanked the church for its community service efforts and shared upcoming events, including a budget workshop.
Council Member Bavaro commended the Modesto Police Department for crime reduction statistics and attendance at the Modesto Police Officers Association's installation dinner.
Council Member Ricci expressed concerns about the slow progress in addressing homelessness and suggested exploring immediate solutions.
Vice Mayor Alvarez highlighted federal funding for the City's 911 center, the return of farmers markets and First Fridays events, and efforts to celebrate cruising and Chicano culture.
Mayor Zwahlen reported on attending a women in construction event, the Modesto Police Department's promotion ceremony, and the groundbreaking for a Kaiser clinic offering various medical services.
CITY MANAGER COMMENTS & REPORTS
None
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HEARINGS
(Recusal Vice Mayor Alvarez)
Published in the Modesto Bee on February 16, 2024.
Continued from February 27, 2024.
28. Hearing to consider approving a relocation request of Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver. (Funding Source: Cannabis Permit Application Fee and Annual Permit Fee) Resolution approving the relocation request for Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Bavaro/Ricci; 5/0; Alvarez Recused) Resolution 2024-124 approving the relocation request for Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver.
Recessed: 6:53pm
Reconvened: 6:59 pm
NEW BUSINESS
29. Consider an Agreement for Hot Patch Services with Adams Underground III of Waterford, CA, and United Pavement Maintenance, Inc. of Hughson, CA, for a total combined amount not to exceed $20,570,000 over five years. (Funding Source:
Various Funds)
Resolution approving the Award of Bid and Agreements for Hot Patch Services to Adams Underground III of Waterford, CA as Primary Contractor, and United Pavement Maintenance, Inc. of Hughson, CA as Secondary Contractor, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $3,500,000 and a total combined amount not to exceed $20,570,000 over five years; and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Jeremy Parnell, 209-342-4599, [email protected] ACTION: (Wright/Williams; 6/0) Resolution 2024-125 approving the Award of Bid and Agreements for Hot Patch Services to Adams Underground III of Waterford, CA as Primary Contractor, and United Pavement Maintenance, Inc. of Hughson, CA as Secondary Contractor, for a two year Agreement with three one-year extension options, for an annual estimated amount of $3,500,000 and a total combined amount not to exceed $20,570,000 over five years; and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
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30. Consider approving the Certificate of Canvass of Votes from the March 5, 2024 Election. (Funding Source: General Fund)
Resolution of the Council of the City of Modesto Confirming the Canvass of the Municipal Election which was held in the City of Modesto on March 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 6/0) Resolution 2024-126 of the Council of the City of Modesto Confirming the Canvass of the Municipal Election which was held in the City of Modesto on March 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:23 P.M.
All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. California State Water Resources Control Board
Superior Court of California, County of Sacramento
Sacramento County Case No: 34-2019-80003051
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: March 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: City-Funded Specific Plans
CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:
Consider approving the establishment of inter-fund loans from the General Fund to Fund 3224, City-Led Specific Plans in an amount not to exceed $675,000 and approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for $650,000, over three years. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council's 2020-2025 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure though proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
Since the City’s 1995 General Plan, new growth areas located outside the City limits and inside the General Plan boundary have been defined with their own boundary and name. These areas are defined as Comprehensive Planning Districts (CPDs). The last time Modesto’s General Plan was updated comprehensively was in 1995. The update will look toward the City’s long-term future to reflect the issues, ideas, and aspirations of today and plan through the year 2050.
The City’s planning approach is to define future Specific Plan areas and require a comprehensive, holistic planning process in advance of annexations. The result is that newly developed neighborhoods are integrated within a larger context that considers transportation systems, utilities and infrastructure, and land uses like parks, schools, and services in advance.
Per the Modesto Municipal Code Section 10-9.1101,
“It is the intent of the City Council in providing Specific Plan Reimbursement Fees to charge persons who benefit from Specific Plans for the costs of developing those #5..
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City Council, April 23, 2024
City-Funded Specific Plans
Specific Plans and to reimburse those persons, including the City, who have provided funds to prepare the Specific Plan and related documentation. Specific Plans result in savings to such persons to reducing the cost of documenting environmental consequences and advocating changed land uses which may be authorized pursuant to the Specific Plan.
Specific plans are beneficial when planning large land areas or complex development projects because the provide a comprehensive document that contains all the land use and infrastructure policies necessary to fully address the potential impacts of the project, and to implement subsequent development requests. The use of specific plan documents to guide growth is authorized by California Government Code Sections §65450 through §65457.
The purpose of this specific plan is to define a comprehensive land use, policy, and regulatory document to govern all future development within the City of Modesto. The specific plan should establish a development framework for land use, resource protection, circulation, public utilities and services, implementation, and design. The specific plan and the subsequent entitlement process allow for a sequence of community input and government review to ensure that development occurs in a logical, consistent, and timely manner.
DISCUSSION:
In a desire to be proactive in future planning development activities within the city, staff reached out to twenty-one cities across California with respect to city-funded specific plans. Of the twenty-one cities, eight of those cities responded that they had funded specific Plans. The following factors were the reasons behind their financial commitment:
Economic Development Benefit: The City of Ripon prepared a specific plan which incorporated mixed-use residential and commercial development. The city fronted the costs of the plan and have been recouping the costs through developer deposits. The cost for specific plan development was fronted by the city for the ability to increase business in the specific plan area. By the end of the advancement area being developed the fees will be fully recouped through a specific development area fee. Community Development Benefit: This benefit includes designated areas for residential development, neighborhood action plans that identify collaborative and community-led actions. The City of Sacramento’s Stockton Blvd. Plan merges both a specific plan and neighborhood action plan of 4,077 housing units and 372,116 sq. ft. of commercial use.
This plan captures the community’s key priorities and identifies collaborative and community-led actions. The specific plan sets the vision for future transportation investments on the corridor. The City of Sacramento fronted the costs for this plan which captured the community’s key priorities and community-led actions Transportation Benefit: The City of Vacaville Downtown Specific Plan is a priority development area (PDA) which focuses on reducing greenhouse gas emissions by developing compact development that includes high-density housing near employment uses, and focuses on providing additional pedestrian, bicycle and transit opportunities.
The City of Vacaville was able to establish a Caltrans Sustainable Communities grant and Metropolitan Transportation Commission/Association of Bay Area Governments grant to help off-set these costs based on the PDA benefit. #5..
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City Council, April 23, 2024
City-Funded Specific Plans
In the last 24 months, staff has seen an unprecedented increase in developer and development inquiries, all which require the preparation of a specific plan. Engaging in the preparation of a specific plan can entail substantial financial and time investments, potentially resulting in delays in timely development, especially when multiple landowners are involved. This can prompt developers to hold off on submitting applications as they navigate the complexities of the process.
To assist with development within the city, staff is proposing a total loan amount of $650,000 to assist with preparing specific plans. State law authorizes cities to impose a fee to recover costs incurred in preparing a specific plan, including processing related entitlements such as annexations and complying with the California Environmental Quality Act (CEQA). While the upfront costs of preparing a specific plan will be a loan from the City’s General Fund to Fund 3224, the City-Led Specific Plan Fund, pursuant to Modesto Municipal Code Section 10-9.1102 (Adoption of Specific Plan Reimbursement Fees), the City will establish a specific plan reimbursement fee to recover the expenses of any approved specific plan. Reimbursement fees are payable upon submission of a development application within the specific plan area. The specific plan reimbursement fee will be structured to ensure zero net cost to the city and can be distributed equally among parcels within the designated specific plan area based on their net acreage.
City-led efforts enable the development of a comprehensive vision for the designated area covered by the specific plan. By integrating input from various stakeholders and aligning with broader citywide goals and policies, the specific plan can reflect a holistic vision for sustainable growth and development. Any approved specific plan will work in conjunction with the policies of existing City planning guideline and plans, including the General Plan.
Developing a specific plan for greenfield development also has the potential to attract investment and spur economic growth in the area. The plan can identify opportunities for commercial, industrial, and residential development, creating jobs, generating tax revenue, and enhancing the local economy. Further, specific plans typically include provisions for infrastructure improvements, such as roads, utilities, parks, and public facilities. By planning for infrastructure needs in advance, the city can ensure that necessary services and amenities are provided to support future development and accommodate population growth.
The Community and Economic Development Department has determined that contracting with private firms is the most efficient way to continue providing specific plan services. Through an informal Request for Qualifications (RFQ) process, staff received two Statement of Qualifications (SOQ) for consideration.
To ensure a thorough process to retain qualified firms, staff followed the general principles as described in Administrative Directive 3.1 by informally advertising the Request for Qualifications (RFQ).
City staff from the Community and Economic Development Department rated each of the RFQs based on the firm’s specific experience, qualifications, references, familiarity with the services and pricing. The following firm was deemed qualified to prepare specific plans: De Novo Planning Group, of El Dorado Hills, CA.
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City Council, April 23, 2024
City-Funded Specific Plans
The support from De Novo Planning Group for specific plan consultation eliminates the need to send out repetitive Request for Proposals (RFPs) for to prepare specific plans. The City reserves the right to request proposals, negotiate a scope of work and contract from consultants other than De Novo Planning Group in the future.
In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Specific Plan Consulting Services, a Request for Qualifications (RFQ) to perform Specific Plan Consulting Services was initiated. This RFQ aims to procure services for the creation of specific plan, which is crucial for effectively planning large land areas or complex development projects. Through a defined development framework covering areas such as land use, resource protection, circulation, and public utilities, specific plan preparation and ensuing entitlement process ensure a logical, consistent, and timely progression of community input and government review to guide growth. In accordance with Modesto Municipal Code 8-
3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities.
The approval for the (Specific Plan Consulting Services) to (De Novo Planning Group) conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.
FISCAL IMPACT:
City staff is proposing that the development of the specific plans would be funded from General Fund unassigned reserves. Each specific plan would be funded separately as needed.
The initial costs will be fronted by the City’s General Fund; however, the City will establish a reimbursement mechanism through the establishment of specific plan reimbursement fee to recover the cost of the established specific plan. City fronted costs will be collected through a specific plan reimbursement fee. The standard process for specific plan reimbursement fees is that it is allocated equally among the parcels within a defined specific plan area based on their net acreage. An administrative component can also be incorporated to the reimbursement fee program to account for the administration of the program. All costs associated with the specific plan(s) will be monitored and tracked by City staff.
As previously mentioned, State law authorizes cities to impose a fee to recover costs incurred in preparing a specific plan on applicants seeking approvals required to be consistent with that specific plan. The fee may also cover costs incurred in processing related entitlements, such as annexations, and complying with the California Environmental Quality Act (CEQA). The fee charged shall not result in revenue to the City above the total cost of preparing, adopting, and administering the specific plan. The specific plan fee is imposed at the time a building permit is issued. Accordingly, it is possible the City will not be fully reimbursed for its costs if portions of the specific plan area do not develop as anticipated.
The interest rates on such loans will be equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the application submittal.
COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on March 4, 2024, and was recommended to forward to City Council for approval.
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City Council, April 23, 2024
City-Funded Specific Plans
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the establishment of inter-fund loans from the General Fund to Fund 3224- City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not-to-exceed $675,000 for City-Led Specific Plans and authorizing the City Manager to carry out the necessary budget adjustments for up to the total amount of $675,000 to implement this action.
Resolution approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years and authorizing the City Manager or his designee to execute the Agreement.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – City-Led Specific Plans
2. Resolution – Consulting Services Agreement
3. De Novo Planning Group Statement of Qualifications
4. Draft Consulting Services Agreement with De Novo Planning Group #5..
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4-23-2024/CED/PIbrahim 1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE ESTABLISHMENT OF INTER-FUND
LOANS FROM THE GENERAL FUND TO FUND 3224- CITY-LED
SPECIFIC PLAN FUND, FOR CITY-LED SPECIFIC PLANS IN AN
AMOUNT NOT-TO-EXCEED $675,000 FOR CITY-LED SPECIFIC
PLANS AND AUTHORIZING THE CITY MANAGER TO CARRY OUT
THE NECESSARY BUDGET ADJUSTMENTS FOR UP TO THE TOTAL
AMOUNT OF $675,000 TO IMPLEMENT THIS ACTION
WHEREAS, the City’s planning approach is to define future Specific Plan areas and require a comprehensive, holistic planning process in advance of annexations; and WHEREAS, the use of specific plan documents to guide growth is authorized by California Government Code Sections §65450 through §65457; and WHEREAS, specific plans are beneficial when planning large land areas or complex development projects because the provide a comprehensive document that contains all the land use and infrastructure policies necessary to fully address the potential impacts of the project, and to implement subsequent development requests; and WHEREAS, in the last 24 months staff has seen an unprecedented increase in developer and development inquiries, all which require the preparation of a specific plan; and
WHEREAS, to assist with development within the city, staff is proposing to authorize $675,000 from the General Fund to assist with preparing specific plans; and WHEREAS, the City will prioritize the preparation of respective specific plan based on factors such as community needs development goals, economic impact, and alignment with broader citywide objectives, as well as budget allocation and policy considerations; and
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4-23-2024/CED/PIbrahim 2 2024-
WHEREAS, per the Modesto Municipal Code Section 10-9.1101, the City will establish a specific plan reimbursement fee to recover the expenses of any approved specific plan; and
WHEREAS, reimbursement fees are payable upon submission of a development application within the specific plan area; and
WHEREAS, it is possible the City will not be fully reimbursed if development does not occur to the full extent anticipated by the specific plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the establishment of inter-fund loans from the General Fund to Fund 3224-City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not to exceed $675,000 for the City-Led Specific Plans.
BE IT FURTHER RESOLVED that the City Manager is authorized to carry out the necessary budget adjustments for up to the total of $675,000 to implement this action.
BE IT FURTHER RESOVLED that the interest rates on such loans will be equal to the actual rate of return earned by the City’s investment portfolio during the 12- month period immediately preceding the application submittal. #5..
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4-23-2024/CED/PIbrahim 3 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _________________________
DIANE NAYARES-PEREZ,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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4-23-2024/CED/PIbrahim 1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT
WITH DE NOVO PLANNING GROUP FOR SPECIFIC PLAN SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $650,000 OVER THREE YEARS, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE
THE AGREEMENT
WHEREAS, in the last 24 months staff has seen an unprecedented increase in developer and development inquiries, all which require the preparation of a specific plan; and
WHEREAS, to assist with development within the city, staff is proposing to authorize $675,000 from the General Fund to assist with preparing specific plans; and WHEREAS, the Community and Economic Development Department has determined that contracting with private firms is the most efficient way to continue providing specific plan services; and
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Specific Plan Consulting Services, a Request for Qualifications (RFQ) to perform Specific Plan Consulting Services was initiated; and
WHEREAS, the De Novo Planning Group of El Dorado Hills, CA, was deemed qualified to prepare specific plans; and
WHEREAS, the support from De Novo Planning Group for specific plan consultation eliminates the need to send out repetitive Request for Proposals (RFPs) for to prepare specific plans; and
WHEREAS, the approval for the (Specific Plan Consulting Services) to (De Novo #5..
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4-23-2024/CED/PIbrahim 2 2024-
Planning Group) conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years.
BE IT RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #5..
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4-23-2024/CED/PIbrahim 3 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _________________________
DIANE NAYARES-PEREZ,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#5..
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De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
Statement of Qualifications
Specific Plan Consulting Services
#5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
1 August 8, 2023
Peter Ibrahim, Infrastructure Financing Program Supervisor City of Modesto
PO Box 642
Modesto, CA 95353
SUBJECT: Statement of Qualifications for Specific Plan Consulting to the City of Modesto Dear Mr. Ibrahim,
We understand that the City of Modesto is seeking a Statement of Qualifications (SOQs) from experienced planning firms for Specific Plan services. We understand that the preparation of Specific Plans will be a collaborative effort on the part of the project applicant and the City. Input shall also be obtained through the public process from community members and property owners and responsible agencies. Based on this input, the City strives to create Specific Plans that conforms to community-wide planning goals.
De Novo Planning Group is a land use and environmental planning firm with 23 employees, specializing in community planning, environmental studies, urban design, and development services. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group has fullservice offices in northern California (Corporate Office – 1020 Suncast Lane, Suite 106, El Dorado Hills, CA 95762) and southern California (180 East Main Street, Suite 108, Tustin, CA 92780).
The De Novo team is experienced in providing Municipal Agencies with the desired services and brings the following unique benefits:
Success Providing On-Call Environmental Planning Services and Contract Staff Services. De Novo’s Principals have served as contract planning/environmental staff and provide on-call services for several agencies throughout California, including but not limited to: Citrus Heights, Tracy, Lincoln, Manteca, Lathrop, Brentwood, Davis, Rancho Cordova, Lake Forest, Santa Ana, Irvine, Rancho Santa Margarita, Fullerton, West Hollywood, Burbank, Lancaster, San Clemente, and Long Beach. We understand the role of staff in long range planning, and we pride ourselves on providing prompt and responsive services to our clients. Our team is well experienced with managing complex projects with a range of uses including hotel, office, mixed use, industrial, residential, alternative energy, hospitals, schools, and parks. Our past success has resulted in professional relationships that last years, and we continue to serve as resources for our clients well after individual projects have been completed.
Utilization of Technical Staff and Subconsultants. De Novo technical team members provide expertise in the areas of urban design, city and regional planning, and environmental planning. De Novo regularly teams with the region’s top subconsultants for transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies, all of whom are leaders in their fields and have experience working on a wide range of projects throughout California.
Diversified Professional Expertise. One of the key things that sets our firm apart from our competitors is the unparalleled experience and diverse skill sets of our Principals. Our team members are experts in a #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
2 wide range of planning disciplines, including environmental compliance, long-range planning (preparation of comprehensive general plans, specific plans, zoning codes, housing elements, and various ordinances), and development processing. Our team excels at providing meaningful and engaging public and community outreach, consensus building, and workshop facilitation.
Unparalleled Energy and Enthusiasm. All of De Novo’s principal-level planners greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised of junior-level planners, we prefer to roll up our sleeves and work on our projects ourselves. As managers of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake.
Benefits of a Boutique Planning Firm. All of De Novo’s principal-level staff have served as senior project managers with larger consulting firms, and through this experience we have gained intimate knowledge of some of the operational inefficiencies of large firms. We achieve cost savings through use of a streamlined team composed of De Novo Principals and principal- and senior-level staff of our subconsultants. Because we remain relatively small, we are able to offer our clients significantly lower rates, while still providing Principal-level attention to each project.
We are confident that our experience, record of success, and Principal-level attention to projects will prove to be extremely valuable to the City. We encourage you to contact our references regarding our ability to provide our services at the highest level of legal adequacy while consistently maintaining schedule and budget. Please contact Steve McMurtry at (916) 580-9818 or [email protected] if you have any questions or need any additional information.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry, Principal
#5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
3 Table of Contents
Table of Contents................................................................................................................................................................................... 3 A. Firm’s Qualifications.......................................................................................................................................................................... 4 B. Proposed Consultant Team............................................................................................................................................................. 5 C. Technical Approach ........................................................................................................................................................................24 D. Fee Schedule.....................................................................................................................................................................................26 E. Related Experience and References ............................................................................................................................................28 F. Samples of Work..............................................................................................................................................................................29 #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
4 A. Firm’s Qualifications
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, urban design, and development services. Incorporated in July 2008, De Novo Planning Group has successfully operated in the Sacramento, San Francisco Bay Area, Central Valley, Tahoe Basin, northern California coastal and inland regions. In 2017, De Novo opened an office in southern California, which has served clients throughout the Los Angeles basin, Orange County, and the Inland Empire. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects.
Our Mission
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost effective, and delivered within the client's schedule.
Our Philosophy
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of our knowledge for developing sensible and cost-effective solutions to concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.
Official Name
De Novo Planning Group
Firm Locations
Northern California (Corporate):
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916-580-9818
Southern California:
180 E. Main Street, Suite 108
Tustin, CA 92780
Years in Business/Providing
Service
16 Entity Type
California S-Corporation
Employees
23 Ownership
De Novo Planning Group is owned
by Principals Ben Ritchie, Steve
McMurtry, Beth Thompson, and
Amanda Tropiano.
Primary Point of Contact
Steve McMurtry
Principal Planner
916-580-9818
[email protected]
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
#5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
5 B. Proposed Consultant Team
De Novo Planning Group serves as the Prime Consultant and lead preparer of Specific Plan documents. De Novo’s project management and technical staff have a deep knowledge of land use planning and urban design and have prepared plans throughout southern California. Our in-house team includes land use planners, urban designers, and environmental planners. Additionally, our team members have served as contract staff to local agencies and are familiar with the planning process and future uses of a planning documents.
De Novo has a project management team with exceptional experience, planning knowledge and on-call planning experience. To complement our in-house services, we have well-established partnerships with highly experienced technical consultants who specialize in the areas of transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies. This section identifies the key personnel, their responsibilities, and qualifications. The proposed team members have the demonstrated capacity to perform all required services and all team members are adequately staffed and trained to perform the required services, as described in this section and demonstrated in the resumes that follow.
PROJECT MANAGEMENT TEAM
The De Novo project team will be under the management of Steve McMurtry, serving as the point of contact for the City. Steve will be supported by Co-Project Managers and Firm Principals, Christina Erwin, Ben Ritchie, Beth Thompson, who will further ensure supporting team members and resources are readily available and provide overall quality assurance.
Located in the El Dorado Hills office, Steve has over 22 years of experience preparing and managing land use planning documents and CEQA documents throughout California. Steve will be responsible for the day-to-day management and supervision of the De Novo team on all future assignments and will ensure the planning documents are thorough and comply with State law. Steve will review all internal and external work products and be responsible for overseeing and conducting any revisions and providing overall quality control and quality assurance throughout the project’s duration. A team member will also attend scheduled meetings, and in addition to key team members, will represent the project team at public hearings.
A Co-Project Manager will serve as a second point of contact to the City and be responsible for ensuring De Novo’s successful completion of each task, as well as ensuring that the City’s goals and expectations are being met. This includes assisting with review of documents prior to formal submittal and providing quality assurance/quality control. This principal-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout the project. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
6 De Novo Planning Group
Management Team
Steve McMurtry, Principal Planner
Project Manager, Primary Point of Contact
- Lead document preparer
- Issue area study preparer
- Biology
- Air quality/health risk assessments
- Greenhouse gas emissions/energy
Christina Erwin, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Ben Ritchie, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Beth Thompson, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Technical Team
Elise Laws
Senior Planner
Megan Knowles
Senior Planner + Designer
Josh Smith, AICP, LEED-AP
Senior Planner
Erik Anderson
Associate Planner
Jeff Setterlund
Associate Planner
Subconsultant Team
Fehr and Peers
Traffic
Ellen Polling, TE – Senior Associate
Ian Barnes, PE – Senior Associate
Saxelby Acoustic
Noise
Luke Saxelby – Principal Consultant
Rex Crane – Acoustic and Vibration Engineer
West Yost (Utility Engineering)
Elizabeth Drayer, PE – Principal
Amy Kwong, PE – Principal
Roger Chu, PE - Associate
Peak Associates (Cultural)
Melinda Peak – Principal Investigator
#5..
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EDUCATION
BS, Natural Resources
Management,
Cal Poly San Luis Obispo
ORGANIZATIONS
Licensed Real Estate Broker,
#01380263
Mr. McMurtry is a Principal with De Novo Planning Group and is responsible for project management, preparation of environmental documents, land use plans, air quality modeling, biological assessments, LESA modeling, regulatory permitting, litigation support, and expert witness testimony. He has successfully led multidisciplinary teams to complete hundreds of environmental, land use planning, and development projects in 32 California counties. Mr. McMurtry’s experience includes service in engineering and planning firms, as well as in the building industry. He has served as the project manager for thirteen RTP EIRs in California and is known as an expert in transportation environmental planning. His environmental experience encompasses public outreach/facilitation, policy/program development, document writing/processing, and permitting. Mr.
McMurtry has extensive experience preparing environmental documents and obtaining regulatory permits for state and federally funded projects, including projects within the State Highway System. Because of his expertise, he has been called on for litigation support and expert witness testimony relative to environmental and CEQA issues.
Steve McMurtry
PRINCIPAL
South Lathrop Specific Plan EIR,
City of Lathrop
Truckee Planned Community 3
(Specific Plan 3) EIR,
Town of Truckee
Cannery Park Master Plan EIR,
City of Davis
Crossroads West Specific Plan EIR,
City of Riverbank
PA-1 Specific Plan and EIR,
City of Brentwood
5175 Vincent Avenue Initial
Study/MND,
City of Irwindale
Seraphina Initial Study/MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
Griffin Park Master Plan EIR,
City of Manteca
Whisper Ridge Hotel Resort and Golf
Course Master Plan EIR,
City of Oroville
Silverado Master Plan EIR,
City of Elk Grove
Tra Vigne Master Plan EIR,
City of Stockton
Ventana Specific Plan EIR,
City of Merced
Madera 5-Bridges Specific Plan EIR,
City of Merced
Atwater South Specific Plan EIR,
City of Atwater
Morgan Ranch Specific Plan EIR,
City of Turlock
Family Entertainment Zone Master
Plan EIR,
City of Manteca
Pilot Flying J EIR,
City of Tulare
Pilot Flying J EIR,
City of Lathrop
2015 Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
2011 San Joaquin County RTP EIR
San Joaquin Council of Governments,
2012 Butte County MTP and SCS
EIR,
Butte County Association of
Governments
2015 Amador County RTP EIR,
Amador County Transportation
Commission
Merced County 2014 RTP EIR,
Merced County Association of
Governments
RELEVANT PROJECT EXPERIENCE
#5..
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EDUCATION
BS, Environmental Policy Analysis
and Planning, University of California,
Davis
ORGANIZATIONS
Urban Land Institute
Christina Erwin is a principal planner with De Novo Planning Group and has more than 22 years of experience in environmental planning for public- and privatesector clients throughout the California Central Valley. She has successfully managed many environmental planning projects involving urban infill, new land development, major sports and entertainment venues, general plans, and largescale specific plans. Christina’s specialty is working on technically and politically complex, multifaceted projects that require a high degree of coordination and interface with multiple stakeholders. She develops and guides the strategic application of CEQA for projects, with a focus on streamlining environmental review, providing rigorous environmental analysis, identifying implementable mitigation measures, and helping clients achieve their project objectives. Christina has significant experience working on prominent projects and delivering high quality environmental documents within strict timeframes.
Christina Erwin
PRINCIPAL PLANNER
Downtown Specific Plan Addendum,
City of Vacaville*
Innovation Park Planned Unit
Development EIR,
City of Sacramento*
Central City Specific Plan EIR,
City of Sacramento*
Sacramento Entertainment and Sports
Center & Related Development
(Golden 1 Center) EIR,
City of Sacramento*
Sacramento Railyards Specific Plan
Update, Kaiser Permanente Medical
Center, Major League Soccer Stadium
& Stormwater Outfall Subsequent EIR,
City of Sacramento*
Village 5 Specific Plan EIR,
City of Lincoln*
Upper Westside Specific Plan EIR,
Sacramento County*
Inglewood Basketball and
Entertainment Center EIR,
City of Inglewood*
Lakeside at Sutter Pointe Addendum,
Sutter County*
Burbank2035 EIR,
City of Burbank*
2030 General Plan Master EIR,
City of Sacramento*
Convention Center Renovation and
Expansion & 15th/K Street Hotel
Projects EIR,
City of Sacramento*
Richards Boulevard Office Complex
Project EIR,
City of Sacramento*
Sacramento Valley Station Area Plan
Addendum,
City of Sacramento*
Tower 301 EIR,
City of Sacramento*
Campus Oaks/Hewlett-Packard
Master Plan EIR Addendum,
City of Roseville*
Element Hotel and Coca Cola
Building Project Addendum,
City of Sacramento*
Arden Gateway Village Infill
Environmental Checklist,
City of Sacramento*
Ice Blocks Mixed Use Development
Project Tiered MND
City of Sacramento*
Sutter County Truck Yard Study,
Sutter County*
Natomas Quad B Office Project
(Centene Corporation Headquarters)
Addendum,
City of Sacramento*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Erwin while she was employed at another environmental firm #5..
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EDUCATION
MA, City and Regional Planning,
Cal Poly San Luis Obispo
BA, Political Science and History,
Cal Poly San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Mr. Ritchie is a founding principal at De Novo Planning Group with over 17 years of experience. Mr. Ritchie’s expertise includes managing long range planning documents, completing complex and controversial CEQA documents, and facilitating community outreach and public communications efforts for the firm. His experience includes a variety of land use, transportation, and sustainability projects throughout California. Mr. Ritchie has extensive knowledge of the California Environmental Quality Act (CEQA) and has assisted jurisdictions in drafting and updating their local CEQA implementation guidelines. He served as the Environmental Coordinator for the City of Rancho Cordova, where he oversaw the environmental planning division and the preparation of all CEQA documents prepared by staff and outside consultants. This experience has given him the knowledge of how local agencies use and implement planning documents, and specifically general plans, on a day to day basis.
Ben Ritchie
PRINCIPAL
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of La Verne
General Plan Update, Zoning Code
Update, Climate Action Plan, and EIR,
City of San Jacinto
General Plan Update, Housing
Element, and EIR,
City of Brentwood
PA-1 Specific Plan and EIR,
City of Brentwood
General Plan and Zoning Code
Update, Housing Element, and EIR,
City of Sebastopol
General Plan Update, Housing
Element and EIR,
City of Cotati
General Plan Update, Housing
Element, Zoning Code Update and
EIR,
Colusa County
General Plan Update EIR and Climate
Action Plan,
City of Foster City
Sustainability Element and Climate
Action Plan EIR,
City of Elk Grove
General Plan Update and EIR, General
Plan Annual Report, Genera Plan
Implementation Plan, Housing
Element Updates, and EIR Addendum
City of Lakeport
General Plan Update, Climate Action
Plan, and EIR,
City of Campbell
General Plan Update and EIR,
City of Milpitas
General Plan Update and EIR,
City of Lakeport
General Plan Update and EIR,
City of Manteca
Seraphina MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
The Cannery EIR,
City of Davis
West Area Specific Plan EIR,
City of Salinas
Joerger Ranch Specific Plan EIR,
Town of Truckee
Sterling 5th Street Apartments EIR,
City of Davis
Home2Suites MND,
City of Tracy
RELEVANT PROJECT EXPERIENCE
#5..
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EDUCATION
BS, Environmental and Resource
Science,
University of California, Davis
ORGANIZATIONS
American Planning Association
Beth is a principal with De Novo with over 25 years of professional planning experience. Her responsibilities include general plan preparation and management, senior review of environmental documents, environmental planning, Housing Element updates, policy document preparation, and contract planning. Beth specializes in community planning as well as CEQA and NEPA compliance. Her experience includes the preparation and management of numerous General Plan projects. She also has extensive experience preparing and managing General Plan EIRs, development EIRs for a range of project types from ski resort master plans to hospital facilities to subdivisions. Beth is an industry leader in the field of Housing Elements and General Plans, and she has a proven track record of successfully completing environmental and planning documentation for complex projects. While with Laurin Associates (now a subsidiary of Raney Planning and Management) Ms.
Thompson prepared over sixty housing feasibility and market studies for single family and multifamily residential projects in urban and rural areas throughout the US). The market and feasibility studies identified market demand for the proposed housing types, estimated capture rates, identified applicable fees, and known constraints to development.
Beth Thompson
PRINCIPAL
General Plan Update, Housing
Element, and EIR
City of Brentwood
General Plan Update and EIR,
Housing Element
City of Cotati
General Plan Update and EIR
City of Manteca
General Plan Update and EIR, Zoning
Code Update, Housing Element, and
On-Call Staffing
City of Sebastopol
General Plan Update EIR and Climate
Action Plan
City of Foster City
Sustainability Element and Climate
Action Plan EIR/Housing Element EIR
City of Elk Grove
General Plan Annual Report & Implementation Plan, Housing Element Updates (4th, 5th, & 6th Cycles), and
EIR Addendum
City of Lakeport
Springs Specific Plan and EIR
Sonoma County
Housing Element – 4th Cycle
City of Half Moon Bay
Housing Element – 5th Cycle;
Focused General Plan Update
City of Oakley
Housing Element – 4th & 5th Cycle
City of Ripon
Housing Element – 5th & 6th Cycle
City of Winters
Housing Element – 6th Cycle
Shasta County
Housing Element (6th Cycle),
Inclusionary Housing Study, and
Zoning Code Update
Yolo County
Housing Element Update EIR – 5th
Cycle
City of Novato
Cottage Senior Apartments NEPA
City of Manteca
Blue Mountain Terrace NEPA
City of Manteca
The Ranch EIR,
City of Rancho Cordova
Vineyards at El Dorado Hills EIR
El Dorado County
Brownfields Site Reuse and
Revitalization Planning
City of Pittsburg
CEQA Documentation: General Plan
Update and Zoning Code Update
Town of Yountville
RELEVANT PROJECT EXPERIENCE
#5..
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EDUCATION
BS, Environmental Policy and
Planning,
University of California, Davis
Elise is a Senior Planner with De Novo. She has over 10 years of environmental consulting experience completing both CEQA and NEPA documentation in the public and private sectors, as well as collaborating on long-rang planning documents. Elise has worked on a variety of projects throughout California, including large-scale, controversial development projects, Specific and Master Plans, and General Plan Updates. Examples include the West Davis Active Adult Community EIR (City of Davis), Eastview Specific Plan and Annexation EIR (City of Galt), College Park EIR (City of Rocklin), Sebastopol Zoning Code Update (City of Sebastopol), and City of Campbell General Plan Update. Her other skills include air quality modeling using the California Emissions Estimator Model (CalEEMod), California Natural Diversity Database and RareFind research, public outreach and facilitation, and project organization and management.
Elise Laws
SENIOR PLANNER
Sonoma Springs Specific Plan and EIR,
Sonoma County
Tra Vigne Development Project EIR,
City of Stockton
West Davis Active Adult Community
EIR,
City of Davis
College Park EIR,
City of Rocklin
5175 Vincent Avenue EIR,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR,
City of Tulare
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Calaveras SR 49 Land Use Study,
Calaveras Council of Governments
Sunrise Tomorrow Specific Plan EIR,
City of Citrus Heights
Crossroads West Specific Plan EIR,
City of Riverbank
Griffin Park Master Plan Project EIR,
City of Manteca
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Sebastopol Zoning Code Update,
City of Sebastopol
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Pilot Flying J EIR,
City of Lathrop
Vineyards at El Dorado Hills,
El Dorado County
RELEVANT PROJECT EXPERIENCE
#5..
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EDUCATION
MCP, City Planning, Urban Design
Concentration
University of Pennsylvania,
Philadelphia
BS, Urban, Rural, and
Environmental Planning,
Brigham Young University, Provo
Research,
Cambridge University (UK), Pembroke
College
ORGANIZATIONS
Urban Land Institute
American Planning Association
U.S. Green Building Council
LEED AP BD+C,
Credential Id # 10433552-AP-BD+C
Megan Thorne is a senior planner and designer with De Novo Planning Group. With over 15 years of professional planning experience, Megan has worked on a wide variety of planning projects for public and private sector clients, including numerous general plans, specific plans, corridor plans, site plans, design guidelines, strategic plans, sustainability programs, visioning projects, transit-oriented development plans, zoning documents, outreach programs, and 3D visualizations. Megan possesses the ability to think creatively and envision change while keeping projects grounded with achievable benchmarks and implementable policy goals. She excels at communicating complex information and policy ideas in a compelling and simple manner. As a designer, Megan has differentiated herself with her hand-drawing abilities as well as her technical skills. Her technical expertise includes 3D modeling, graphic design, and web design. She continues to pioneer ways new technology can improve old processes from community outreach approaches to the web-publication of planning documents.
Megan Knowles, LEED AP BD+C
General Plan Update and EIR,
City of San Jacinto
General Plan Update and EIR,
City of La Verne
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of Westminster*
General Plan Update and EIR
City of San Marcos
ADU Ordinance and Guidebook,
City of Ione
City of Bellflower Sign Code Update
City of Bellflower
Irvine Neighborhood Plan
City of Irvine
California High Speed Rail: Palmdale
to Burbank Segment
City of Palmdale, City of Burbank*
West Carson Transit-Oriented
Development Specific Plan
City of West Carson*
Downtown Bellflower TransitOriented Development Specific Plan City of Bellflower*
SCAG 2016 RTP/SCS: Content
Authoring and Web Solution
Southern CA Association of
Governments*
Morena Corridor Specific Plan
City of San Diego*
De Anza Revitalization Plan
City of San Diego*
Long Beach Southeast Area (SEASP)
Specific Plan
City of Long Beach*
Stanton Plaza Specific Plan
Amendment and EIR Addendum
City of Stanton*
Airport Gateway Specific Plan
Inland Valley Development Agency*
Crafton Hills College Village Overlay
Zone
City of Yucaipa*
Livermore Downtown Visioning & Site
Planning
City of Livermore*
The Highlands, Tesoro Del Valle
Master Plan
Newport Pacific Land*
Tesoro Viejo Master Plan
Madera County*
Harmony Specific Plan
Lewis Companies, City of Highland*
SAVI Ranch Land Use and Mobility
Vision Plan
City of Yorba Linda*
LA County Parks Needs Assessment
Los Angeles County*
Measure A Parks Implementation
Los Angeles County*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Thorne while she was employed at another planning firm #5..
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EDUCATION
BS, Environmental Policy Analysis
and Planning,
University of California, Davis
ORGANIZATIONS
American Planning Association
ACREDITATIONS
AICP
LEED AP O+M
Josh Smith, AICP, is a Senior Planner with De Novo. He has twelve years of experience and is responsible for the preparation of CEQA/NEPA documents (Initial Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments), the development of air quality and greenhouse gas technical plans and reports, and climate change planning for local governments.
Josh has extensive experience with air quality, greenhouse gas, and energy modeling, including criteria air pollutant and air dispersion modeling. Josh also has substantial experience developing Climate Action Plans, Energy Action Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary technical analyst on the Pleasanton, Oakdale, and Hughson Climate Action Plans, and has managed EIRs such as the Manteca Annexation #1 EIR, Placer County RTP EIR, and Amador County RTP EIR. Josh has additional expertise utilizing best-practice standards for developing greenhouse gas (GHG) inventories and context-specific GHG mitigation measures, as well as developing custom air pollutant emissions calculators for complex projects.
Josh Smith, AICP, LEED AP
SENIOR PLANNER
5175 Vincent Avenue MND,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR and HRA,
City of Tulare
Amador County RTP EIR,
Amador County Council of Governments
Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
Pilot Flying J EIR and HRA,
City of Lathrop
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Sonoma Springs Specific Plan and
EIR,
Sonoma County
Sterling Apartments EIR,
City of Davis
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Manteca Annexation #1 EIR,
City of Manteca
Tra Vigne Development Project EIR,
City of Stockton
Gardena U-haul MND,
City of Gardena
Citrus Heights Sunrise Tomorrow EIR
City of Citrus Heights
Fullerton 1901 Via Burton MND
City of Fullerton
Pleasanton Climate Action Plan
City of Pleasanton*
Hughson Climate Action Plan
City of Hughson*
Hughson Climate Action Plan
City of Hughson*
Rialto Travel Center EIR and HRA
City of Rialto
Palmdale HRA
City of Palmdale
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Smith while she was employed at another planning firm
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EDUCATION
BA, Political Science,
University of California, Los Angeles
Master of City and Regional
Planning,
Cal Poly, San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Congress for the New Urbanism
AWARDS
2019 California Planning Foundation,
Central Coast Section Scholarship
2019 & 2020 Errett Fisher Foundation
Scholarship
Erik has worked on a diverse range of projects for public and private sector clients, with a focus on environmental and sustainability planning, land-use planning, and policy development. Erik provides project support in the preparation of CEQA documentation and long-range planning documents, including General Plans, Housing Elements, and Zoning updates. His experience includes grassroots lobbying with a non-profit environmental organization and work in the legal field.
Erik is passionate about serving communities and creating innovative work through place-based development strategies.
Erik Anderson
ASSOCIATE PLANNER
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update, Hawthorne Blvd
Specific Plan Update, and EIR
City of Lawndale
Zoning Update and Addendum to
General Plan EIR
City of Westminster
General Plan Update and EIR
City of Jackson
General Plan Update and EIR
City of Red Bluff
Mountain House Incorporation IS/ND
San Joaquin County
SR-120 Interchange IS/MND
City of Lathrop/Caltrans
Circulation Element Update IS/ND
City of Bell Gardens
U-Haul Expansion IS/MND
City of Gardena
Pilot Travel Center IS/MND
City of Moreno Valley
Applied Medical Expansion IS/MND
City of Lake Forest
2500 North Hollywood Way EIR
City of Burbank
Harper Project EIR
City of West Hollywood
Focused General Plan Update
City of Glendale
Local Hazard Mitigation Plan
Laguna Hills, CA
Housing and Safety Element Update
City of Rancho Santa Margarita
Housing Element Update (6th Cycle)
Cities of Lawndale, Glendale,
Hawthorne, La Verne, Avalon, Lake
Forest, Rancho Santa Margarita,
Westminster, Temecula, and San
Jacinto
General Plan Update
City of McFarland*
McFarland Zoning Code Update
City of McFarland*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Anderson while enrolled as a Graduate Student in City and Regional Planning at Cal Poly, San Luis Obispo
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Courtney is an Assistant Planner with De Novo Planning. She earned a B.S. in City and Regional Planning with a minor in Sustainable Environments from Cal Poly, San Luis Obispo. Courtney has a passion for community planning and has participated in public outreach efforts for cities throughout Southern California.
Courtney work focuses on environmental projects and has worked on a variety of CEQA projects for land development and public policy document projects. She has worked on projects at the programmatic level and at the project-specific level, allowing her to better understand the impacts planning decisions have on both the surrounding communities and individuals.
Courtney has worked on a range of planning projects, including Climate Vulnerability Assessments and General Plan Updates throughout California.
Courtney Marchi
ASSISTANT PLANNER
EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2021 Academic Award of Excellence,
APA Central Coast Division
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update EIR,
City of La Verne
General Plan Update EIR,
City of Martinez
Housing Element Update EIR,
City of Sausalito
Pilot Travel Center Project EIR,
City of Moreno Valley
Pilot Travel Center Project EIR,
City of Perris
Harper Project EIR,
City of West Hollywood
2500 North Hollywood Way EIR,
City of Burbank
Great Scott Tree Service IS/MND,
City of Lake Forest
Applied Medical Expansion Project
EIR,
City of Lake Forest
Soma Apartments IS/MND,
City of Manteca
U-Haul Expansion Project IS/MND,
City of Gardena
Climate Vulnerability Assessment,
Cities of Lake Forest, Gardena,
Stanton, and Bradbury
Environmental Justice Element
Update,
City of Anaheim
Environmental Justice Element
Update,
City of Gardena
General Plan Update,
City of San Marcos
General Plan Annual Progress
Report,
City of San Marcos
Background Report & General
Plan Policy Update,*
City of San Joaquin
Downtown Tracy Light Rail
Specific Plan,*
City of Tracy
Urban Design Visions,*
City of San Martin
General Plan Update,
County of Orange
RELEVANT PROJECT EXPERIENCE
* Project was completed by Marchi while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo #5..
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EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2014 1st Place Sacramento Regional
Design Competition, ACE Mentorship
Program, Sacramento Valley Section
Jeff is an Assistant Planner with De Novo and joins our team having recently earned his B.S. in City and Regional Planning from Cal Poly San Luis Obispo. Jeff is passionate about serving communities and creating innovative work through land use planning and design. He is an active member of the APA ambassador program and the APA Small Town & Rural program. Jeff works on a variety of projects for De Novo, including General Plan updates and CEQA documentation.
Jeffrey Setterlund
ASSISTANT
Glenn County General Plan Update,
Glenn County
Willows General Plan Update,
City of Willows
West Area Specific Plan EIR,
City of Fresno
College Park EIR,
City of Rocklin
Lathrop General Plan Update,
City of Lathrop
Wackerly Annexation Plan,
City of Manteca
Campbell General Plan Update,
City of Campbell
Milpitas General Plan Update,
City of Milpitas
Housing Element Update,
City of Escalon
Housing Element Update,
City of Lakeport
Housing Element Update,
Shasta County
Parlier Community Plan Update,
City of Parlier*
Bickford Ranch Specific Plan,
Placer County*
Sunset Industrial Area Specific
Plan,
Placer County*
Placer Ranch Specific Plan,
Placer County*
High Speed Rail Station Area Plan
(Practicum),
City of Riverside*
Downtown Plan (Practicum),
City of San Luis Obispo*
Waterfront Resiliency Project,
City of San Francisco*
Community Plan Update
(Practicum),
Avila Beach*
Corridor Redevelopment Vision,
Meadow Vista*
Secondary Dwelling Code Update,
Placer County*
Housing Element Update,
Placer County*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Setterlund while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo or while he was employed at another planning firm
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Ellen Poling
Senior Associate
100 Pringle Avenue.
Suite 600
Walnut Creek, CA 94596
925.930.7100
Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington DC about
Ellen has 30 years of experience managing transportation planning and traffic engineering projects. Her projects have included traffic impact studies, environmental impact report transportation chapters, general and specific plan transportation elements, neighborhood traffic calming
studies, freeway interchange project reports, and
university-related studies covering a wide array of issues, including origin-destination surveys, trip generation
surveys, and policy analysis. Her particular areas of
expertise include university and city planning studies, environmental review under CEQA, and development site
traffic engineering review. Her recent city clients include Benicia, Fairfield, Lafayette, Moraga, Pleasant Hill, San Ramon, Stockton, and Vallejo; recent college and
university clients include UC Berkeley, UC Davis, UC
Riverside, UC Merced, CSU East Bay, Stanford University, Mills College, and University of San Francisco.
education
B.S. in Aeronautical Engineering, University of California, Davis, 1986
affiliations
Institute of Transportation Engineers: Member
registrations
Licensed Traffic Engineer, State of California (#1723)
Licensed Mechanical Engineer, State of California (#27941) expertise
• General Plans
• Specific Plans
• University and College Campus Planning
• Traffic Impact Analysis
• Site Access and Circulation Evaluation
• Parking Studies
• Highway Project Development
public service
Lafayette Circulation Commission: 1997 – 2011
publications & presentations
Downtown at the Crossroads: Balancing Capacity Needs
with Quality of Life in Lafayette, CA (Institute of
Transportation Engineers, 2000 National Meeting)
The Roundabout Solution for a Campus Gateway
(Transportation Research Board 4th International
Conference on Roundabouts, April 2014)
project experience
North Downtown Specific Plan (Walnut Creek, CA)
Fehr & Peers is kicking off the transportation planning work for the North Downtown Specific Plan in Walnut
Creek. The Plan area is bounded by Parkside Drive, Civic Drive, California Avenue, Pringle Avenue, and I-680. Our tasks include a baseline traffic operations and
transportation infrastructure report, developing land use and transportation alternatives, multi-modal evaluation of alternatives, preparing the transportation chapter of the Specific Plan, and completing the transportation
impact analysis for the Specific Plan EIR.
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Ian Barnes, PE
Senior Associate/Stockton Office Leader
EDUCATION
Master of Science in Civil Engineering,
University of California, Berkeley, 2011
Bachelor of Science in Civil Engineering,
Magna Cum Laude, California Polytechnic
State University – San Luis Obispo, 2010
REGISTRATIONS
Professional Engineer, State of California
(#C81389)
AFFILIATIONS
Institute of Transportation Engineers (ITE),
Legislative Chair
Founding Officer of the San Francisco Bay
Area chapter of the Young Professionals in
Transportation
PUBLICATIONS
Impact of Peak and Off Peak Tolls on Traffic in
the San Francisco-Oakland Bay Bridge Corridor
(lead author), UC Berkeley Global Metropolitan
Studies, 2011
EXPERTISE
• Traffic operations analysis for PID and PA/ED
• Arterial Traffic Operations
• Senate Bill 743 CEQA VMT analysis for
transportation infrastructure projects
• Technical Software: VISSIM; SYNCHRO/
SIMTRAFFIC; HCS; TRAFFIX
• Microsimulation modeling
ABOUT
Ian Barnes is an award-winning Senior Associate in Fehr & Peers’ Stockton office, where he also serves as Office Leader. Mr. Barnes has over 10 years of experience in multimodal planning and operations analysis over a broad spectrum of settings in the Bay Area and Northern California. He is an expert in microsimulation modeling, including extensive experience with the VISSIM and SimTraffic software analysis packages. His studies focus on complex arterial networks, as well as complex freeway systems. He previously served as the Legislative Chair of the Institute of Transportation Engineers San Francisco Bay Area Section, and was a founding officer of the San Francisco Bay Area chapter of the Young Professionals in Transportation professional society.
SELECT PROJECT EXPERIENCE
State Route 120/Union Road Diverging Diamond Interchange (Manteca, CA)
The SR 120/Union Road interchange serves as a key regional transportation mobility node for the City of Manteca and San Joaquin County as a whole; efficient and safe multimodal operations at the interchange are critical to maintain the quality of life for residents, employees and visitors of the area, while continuing to ensure the function of key economic drivers for the local community. Given the high traffic demands placed on the interchange, an innovative, first-in-California Diverging Diamond Interchange (DDI) concept, along with a grade separated bicycle/pedestrian “ribbon path,” was advanced as the preferred alternative for the project.
Fehr & Peers provided transportation consulting services for the SR 120 / Union Road Diverging Diamond Interchange (DDI) Project in the City of Manteca, including completed the PA&ED phase Traffic Operations Analysis Report (TOAR) for the project. Being committed to providing an efficient and cost-effective analysis of the transportation impacts of the proposed project, we used as much information from prior studies completed by Fehr & Peers for transportation infrastructure and land use projects in the area. The analysis fully evaluated the Diverging Diamond Interchange (DDI) Project and provided improved access from southbound Union Road into the Promenade Shops – Orchard Valley. The TOAR was conducted in conjunction with Caltrans District 10’s policies for transportation analysis and traffic forecasting; relationships with District 10 staff were critical in advancing this innovative interchange design through the Caltrans process. Ian served as the Deputy Project Manager and Technical Manager for this project.
#5..
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LUKE SAXELBY, INCE Bd. Cert.
Principal Consultant at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Saxelby has been practicing acoustic and noise control engineering for the past 21 years and is a Board Certified member of the Institute of Noise Control Engineering (INCE). He is an expert in the requirements of the California Environmental Quality Act (CEQA) relating to noise impacts and has been involved in the preparation of hundreds of noise studies, including CEQA Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND). He is also a recognized expert witness in issues relating to building acoustics and noise control and has given testimony on various legal projects including construction defect claims and CEQA litigation.
Mr. Saxelby has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model (TNM), the CadnaA (Computer Aided Noise Abatement) sound prediction model, SoundPLAN acoustic model, the Federal Aviation Administration’s (FAA) Integrated Noise Model (INM), and the Enhanced Acoustic Simulator for Engineers (EASE) model. He has also developed many custom computer models used in his practice. Special interests and areas of practice include the application of noise control techniques for mechanical systems, building noise control design, low noise HVAC systems, and architectural acoustics.
KEY EXPERIENCE
▪ Airstrip/Helipad Noise Assessment
▪ Architectural Acoustics Design and Testing
▪ Community Noise Ordinance Development
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ Expert Witness
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Master Plan / Community Plan Noise
▪ Mining Noise Assessment
▪ Peer Review
▪ Transportation Noise Studies
▪ Wind Turbine Noise Analyses
PROFESSIONAL EXPERIENCE
▪ Vice President & Senior Consultant | j.c. brennan & associates, Inc. | 2006-2017 ▪ Consultant | Bollard Acoustical Consulting | 2005
▪ Consultant & Technician | Bollard & Brennan, Inc. | 2002-2005
EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Institute of Noise Control Engineering (INCE) | Board Certified (2011) ▪ FHWA Traffic Noise Model (TNM) Training Course | Burlington, MA (2005 ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (1999-2004) ▪ Board for Professional Engineers and Land Surveyors: Engineer-In-Training (EIT) #116045 (2003)
PUBLICATIONS
▪ Noise Control for a Metal Shredder and Recycling System | Sound & Vibration Magazine | August 2012 PROJECT EXPERIENCE – ACOUSTICAL DESIGN AND NOISE CONTROL ENGINEERING ▪ 4045 Broadway Multi-Family Development. Oakland, California. ▪ 401 29th Street Multi-Family Development. Oakland, California ▪ Scotia Apartments Multi-Family Development. San Jose, California ▪ California School for the Deaf Acoustical Design. Riverside, California. ▪ Jackson Street Multi-Family Housing. Seattle, Washington.
PROJECT EXPERIENCE – ENVIRONMENTAL NOISE ASSESSMENT
▪ Bethel Church Collyer Drive Campus. City of Redding, California. ▪ Isabella Dam Safety Modification EIS. Lake Isabella, California. ▪ Central Trunk Sewer Rehabilitation Construction Project. Sacramento, California. #5..
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Steve McMurtry, De Novo Planning Group March 24, 2023 www.SaxNoise.com
G:\Shared drives\De Novo Marketing (Internal)\Nor Cal Proposals\Modesto\2023_Modesto_RFQ Environmental Planning_On-call\Saxelby\Saxelby.docx Rex Crayne
Acoustic and Vibration Engineer at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Crayne has been practicing acoustic and noise control engineering since graduating with his BS in Mechanical Engineering in 2019. He is an associate member of the Institute of Noise Control Engineering (INCE). He has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model, the SoundPLAN sound prediction model, and VBA script writing for complex data processing techniques.
KEY EXPERIENCE
▪ Architectural Acoustics Testing
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Mining Noise Assessment
▪ Transportation Noise Studies
PROFESSIONAL EXPERIENCE
▪ Student Research Assistant | CSUS Mechanical Engineering Department | 2019 ▪ Materials Laboratory Assistant | CSUS Mechanical Engineering Department | 2018-2019
EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Environmental Noise Analysis Training Course | Fullerton, CA (2019) ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (2015-2019) #5..
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Elizabeth Drayer, PE
Principal-in-Charge
Elizabeth specializes in water resources engineering and coordinating multi-discipline projects. She has experience leading water resources planning studies and design projects. She specializes in water supply and infrastructure master planning and has prepared more than 24 water and utility master plans, more than 20 water supply assessments, and more than 30 urban water management plans. She has also prepared many other studies and plans for clients including groundwater studies, drought response and water shortage contingency plans, facility operations plans, and emergency operations plans involving the evaluation of existing facilities, evaluation of existing and future water demands, identification of system deficiencies and needs, evaluation of water supply alternatives, and development of recommendations for capital improvements. She has prepared preliminary and detailed designs for water supply facilities such as pipelines, pump stations, reservoirs, and canals. Elizabeth is a West Yost Vice President and serves on West Yost’s Board of Directors.
EXPERIENCE
URBAN WATER MANAGEMENT PLANS
2010, 2015, 2020 Urban Water Management Plans, City of Modesto and Modesto Irrigation District, CA: QA/QC Reviewer for the preparation of a 2020 Joint Urban Water Management Plan (UWMP) for the City of Modesto and Modesto Irrigation District, Project Manager for the 2015 UWMP for the City of Modesto, and Project Engineer for the preparation of a Joint 2010 UWMP for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. The UWMPs were prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook.
2020 Urban Water Management Plan, City of Stockton, CA: Project Manager for the preparation of the 2020 Urban Water Management Plan (UWMP). Project tasks include review of the City’s water demands and water supplies for the last five years, projection of future water demands and water supplies through 2045, a report on the City’s compliance with its SB X7-7 per capita water use target for 2020, consideration of the impacts of Senate Bill 606 and Assembly Bill 1668 on the City’s future water demands, an update of the City’s on-going and planned water demand measures, and an update of the City’s water shortage contingency plan. West Yost assisted City staff during the public hearing and City Council adoption of the 2020 UWMP and uploaded the final plan to the Department of Water Resources Water Use Efficiency data portal. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: QA/ QC reviewer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency. Tasks included coordination with Zone 7 staff and the internal project team to prepare the Administrative Draft, Public Draft, and Final 2020 UWMP, preparation for Board meetings and public meetings, and completion of the 2020 UWMP for submittal to the Department of Water Resources.
STAFF TITLE: Vice President
YEARS OF EXPERIENCE: 33
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 46872
EDUCATION
MS, Structural Engineering,
University of California, Berkeley
BS, Civil Engineering, University
of California, Berkeley
CERTIFICATIONS
Underground Storage Tank
Installation
UC Davis Extension, 32-hour
Course, Groundwater Hydrology
UC Davis Extension, 32-hour
Course, Principles of Toxicology
PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
Association of California Water
Agencies
WateReuse Association
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Amy Kwong, PE
Amy Kwong is a water resources engineer with a focus in water master planning, water supply and facilities planning, hydraulic modeling, and the design of water system infrastructure. She has contributed to the development of many water master plans throughout California.
EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Project Manager for the preparation of a 2020 Joint Urban Water Management Plan for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan.
Water Master Plan, City of Modesto, CA: Project Engineer responsible for developing the City’s buildout water demand projections and updating the water demands in the hydraulic model. Directed and performed QA/QC on the hydraulic model calibration (using steady state hydrant test simulations) and verification (using extended period simulations) as well as the existing and buildout water system hydraulic evaluations. Results from the existing and buildout water system evaluations will be used to develop a comprehensive capital improvement program.
Modesto Water System Planning, Engineer’s Report, City of Modesto, CA:
Staff Engineer responsible for updating current and buildout water demands, and completing buildout system hydraulic model analysis to determine necessary capital improvements. Worked with Project Manager to develop a methodology to justify recommended transmission and distribution facilities, and to allocate costs to existing and future customers. The report, which addressed both a 5-year and 20-year planning horizon, required an update to the City’s hydraulic model using H2ONET, and evaluation of the feasibility of the City’s continued participation in the Turlock Irrigation District’s Regional Surface Water Supply Project. 2020 Urban Water Management Plan, City of Napa, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the City of Napa. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adoption.
2020 Urban Water Management Plan, City of San Bruno, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the city of San Bruno. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adpotion.
STAFF TITLE: Principal Engineer II
YEARS OF EXPERIENCE: 16
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 73213
EDUCATION
MS, Civil and Environmental
Engineering, Stanford University,
Stanford, CA
BS, Civil and Environmental
Engineering, San Jose State
University, San Jose, CA
PROFESSIONAL AFFILIATIONS
American Water Works
Association
American Society of Civil
Engineers
Bay Area Water Works
Association
Water Education Foundation,
2013 Water Leaders Class
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Roger Chu, PE
Roger Chu is an engineer focused on the planning and design of water and recycled water projects, including master planning, hydraulic modeling, and preparing unidirectional flushing (UDF) plans. Proficient in ArcGIS and InfoWater, Roger has conducted hydraulic modeling training sessions and developed detailed model training materials. In addition, Roger has designed pipelines and pump stations using AutoCAD Civil 3D.
EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Staff Engineer for the preparation of a 2020 Joint UWMP for the City of Modesto and Modesto Irrigation District. Reviewed water demand projections, water supply availability and reliability from groundwater and MID, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. Also supported development of the City’s Water Conservation Plan. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: Staff Engineer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency (Zone 7). Reviewed water demand projections for Zone 7 and its retailers (California Water Service, City of Pleasanton, City of Livermore, and Dublin San Ramon Services District), water supply availability and reliability from the State Water Project and the Zone 7’s local groundwater supply, demand management measures, and the Zone 7’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Pleasanton, CA: Staff Engineer for the preparation of the 2020 UWMP for the City of Pleasanton. Reviewed water demand projections for the City, water supply availability and reliability from Zone 7 Water Agency (Zone 7) the City’s local groundwater supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Napa, CA: Staff Engineer for the preparation of a 2020 UWMP for the City of Napa. Reviewed water demand projections for the City, water supply availability and reliability from the State Water Project and the City’s local surface water supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan Update, Mountain House Community Services District, Mountain House CA: Staff Engineer for preparation of the 2020 Urban Water Management Plan Update for the Mountain House Community Services District in compliance with the Urban Water Management Planning Act, as amended.
The UWMP was prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook. Supported the update of the MHCSD hydraulic model and simulating various demand conditions for the existing and future water system.
STAFF TITLE: Associate Engineer II
YEARS OF EXPERIENCE: 7
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 87591
EDUCATION
MS, Civil and Environmental
Engineering, University of
California, Davis
BA, Economics, Boston College
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PEAK & ASSOCIATES, INC.
RESUME
MELINDA A. PEAK
Senior Historian/Archeologist
3941 Park Drive, Suite 20 #329
El Dorado Hills, CA 95762
(916) 939-2405
PROFESSIONAL EXPERIENCE
Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation.
In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in sitespecific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types.
Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist.
EDUCATION
M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California
B.A. - Anthropology - University of California, Berkeley
PROJECTS
In recent years, Ms. Peak has led the team completing the cultural resource sections for General Plan and General Plan Updates, for a number of cities/neighborhoods including Campbell, Milpitas, Yountville, Manteca, The Springs, Sebastopol, Martinez, Brentwood, Colusa County and Foster City. Older General Plan efforts include Wheatland, Rocklin, Sheridan, Granite Bay and South Sutter County.
In recent months, Ms. Peak has completed a number of determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places.
She has also completed historical research projects on a wide variety of topics for a number of projects including the development of a winery in a ranch in Folsom, commercial buildings in the City of Davis, a lumber mill in Clovis, older farmhouses dating to the 1860s, an early roadhouse, bridges, canals, former small town site, and a section of an electric railway line. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
24 C. Technical Approach
The De Novo team has provided planning and design services for communities throughout California. We are proud of our history of working with local agencies on an on-call basis. We will work with the City to prepare a detailed and accurate scope of work tailored for the project being proposed at that time. Our scope of work will identify the specific tasks the De Novo team will undertake from project initiation to project closeout. De Novo prides itself on crafting a project-specific technical approach for each project it pursues. However, below is a summary of key considerations we apply in our approach to every project:
• Compliance with state legislation
• Close coordination with stakeholder, resource, and responsible agencies • Principal attention to every aspect of the project
• Dedicated Project Manager and Co-Project Manager
• Strict Adherence to Schedule and Budget
• Quality Assurance and Quality Control
Compliance with State Legislation
The De Novo team is well-versed in State planning law. We have experience preparing a variety of longrange planning documents, including General Plans, Specific Plans, and Master Plans. We will ensure that the planning documents contain the requirements elements defined in State law.
Close Coordination with Stakeholders
Given our experience in preparing planning documents, we understand the strong need for early and ongoing coordination with stakeholders. Our team will consult all relevant stakeholders as part of any project, as well as during the Noticing and during the preparation of the draft documents.
Principal Attention to Every Aspect of the Project
We do not identify principal staff in our proposal, then hand the project out to junior staff members to complete for our review. Rather, our Principal staff identified in this proposal as the Project Manager, CoProject Managers, and Principal Planners will work on every aspect of each project and will write and review each document we provide to the Applicant/City. This senior-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout each project.
Dedicated Project Manager and Co-Project Manager
Our team dedicates two De Novo principals and/or principal planners as Project Manager and a Co-Project Manager who will be in attendance at all public and stakeholder meetings and will be intimately involved in every aspect of the project. Although the Project Manager will serve as the primary point of contact, we feel that the use of two managers will ensure that all members of our team are constantly up to speed regarding changes in project direction, staff preferences, and all of the other nuances of projects.
Additionally, having two project managers provides an exceptional level of quality control so that products reviewed by the City are technically accurate and complete.
Strict Adherence to Schedule and Budget
Our project team is fully committed to bringing our projects to public hearings as quickly and effectively as possible while always delivering products of exceptional quality. We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft #5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
25 documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff and the Applicant team to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We are in this business for the long-term, and building trust and confidence with our clients is the single greatest thing we can do to build loyalty and repeat business.
Quality Assurance and Quality Control
Coordinating closely with City staff, De Novo’s management team will ensure that our deliverables address regulatory requirements and are completed in a timely and professional manner. Our internal quality control review includes review of our planning documents by a Principal Planner. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
26 D. Fee Schedule
D E N O V O P L A N N I N G G R O U P
Principal $185-235
Principal Planner $160-210
Senior Planner $125-175
Associate Planner $115-145
Assistant Planner $95-125
GIS Analyst $105-145
Legal Assistance/Expert Witness $350-450
F E H R A N D P E E R S
Principal $325
Project Manager $285
Forecasting & Traffic Operations Senior Staff $255
Project Planner/Engineer $160
Graphics/GIS/CAD $175
Project Coordinator $105-145
W E S T Y O S T
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $125
Administrative I / II / III / IV $92 / $115 / $138 / $152 Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305 / $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176
ENGINEE
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
27 S A X E L B Y A C O U S T I C S
Principal Consultant $200/hr
Technical Staff $150/hr.
Administrative Staff $100/hr.
Sound Level Meter
Basic (daily)
Basic (weekly)
Advanced (daily)
Advanced (weekly)
Very Low Noise (daily)
Very Low Noise (weekly)
Sound Meter – Advanced Outdoor Setup
Very low noise, wind measurement, audio recording, solar panels, environmental protection shroud, etc.
$100/day
$400/week
$150/day
$600/week
$200/day
$800/week
$1,000/week
IIC Tapping Machine $500/day
$2000/week
Sound System for Acoustic Testing $200/day
$800/week
Vibration Sensor with Calibrator $200/day
$800/week
P E A K A S S O C I A T E S
Principal Investigator $150
Senior Archaeologist $140
Archaeological Technician $110
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DE NOVO PLANNING GROUP
Statement of Qualifications
28 E. Related Experience and References
The De Novo team has a wide range of experience providing planning services for clients throughout California. Below is a brief summary of a local and recent Specific Plan, as well as two General Plans in the regional vicinity.
City of Riverbank- River Walk Specific Plan and EIR
The De Novo team is currently working on the City of
Riverbank River Walk Specific Plan and EIR. The River Walk Specific Plan is designed as an attractive and distinctive community active adult 55+ mixed use project with an
emphasis on residential neighborhoods, with a variety of housing densities and products, supported by a community core that was designed with the intention of creating a public space to promote people’s health, happiness, and well-being. The Specific Plan and EIR have been prepared, but on hold for approximately one year. The project is still in the processing stage and is not yet completed.
Reference: Donna Kenney, Planning Manager. (209) 869-
7126 [email protected]
City of Lathrop- General Plan Update and EIR
The De Novo team recently completed a comprehensive
update to the Lathrop General Plan and EIR. The work effort began with an extensive public outreach and visioning process and preparation of a detailed Existing Conditions Report.
Other key tasks include the preparation of a Community Profile Magazine, Outreach Summary Report, Community Vision
Statement, and workshops dedicated to the topic of
Environmental Justice. The General Plan was successfully adopted and the EIR was certified in September 2022.
Reference: Mark Meissner, CDD. (209) 941-7266 [email protected] City of Milpitas - General Plan Update and EIR
The De Novo team completed a comprehensive update to the Milpitas General Plan and EIR in 2021. The work effort included extensive coordination with the City’s General Plan Advisory Committee (GPAC), several working sessions with the City Council, and a comprehensive and robust community
engagement program that offered numerous opportunities for virtual and in-person participation. The updated General Plan includes several new optional elements to address topics of local importance, including Community Health and Wellness, Parks and Recreation, Community Design, Conservation and Sustainability, and Utilities and Services. The General Plan was successfully adopted and the EIR was certified in March 2021. Reference: Ned Thomas, AICP, Planning Director. (408) 586-3273 [email protected] #5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
29 F. Samples of Work
City of Riverbank, River Walk Specific Plan
This project is not currently public, but may be able to be released to the City as a reference check by authorization of the City of Riverbank.
City of Lathrop General Plan
https://www.ci.lathrop.ca.us/planning/page/lathrop-general-plan City of Milpitas General Plan
https://milpitas.generalplan.org/
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De Novo Planning Group A-1 City of Modesto
Consultant Services Agreement for Specific Plan Preparation
CONSULTANT SERVICES AGREEMENT
FOR SPECIFIC PLAN PREPARATION
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", DE NOVO PLANNING GROUP, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. City has determined that Specific Plan Preparation should be performed for the City.
B. Consultant represents that it is qualified, willing and able to provide the requested services.
NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
2. TERM OF AGREEMENT
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De Novo Planning Group A-2 City of Modesto
Consultant Services Agreement for Specific Plan Preparation a. The City and Consultant hereto agree and enter into this Agreement for a term of three years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of three years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three-year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).
3. COMPENSATION.
Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $500,000; Unless #5..
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De Novo Planning Group A-3 City of Modesto
Consultant Services Agreement for Specific Plan Preparation otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.
Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Steve McMurtry, Principal, will be the person primarily responsible for the performance of the services referred to in this Agreement.
City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-five percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
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De Novo Planning Group A-4 City of Modesto
Consultant Services Agreement for Specific Plan Preparation All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.
Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. FINANCIAL INTEREST OF CONSULTANT.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance #5..
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De Novo Planning Group A-5 City of Modesto
Consultant Services Agreement for Specific Plan Preparation of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest.
Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original agreement prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. #5..
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De Novo Planning Group A-6 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #5..
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De Novo Planning Group A-7 City of Modesto
Consultant Services Agreement for Specific Plan Preparation It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below #5..
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De Novo Planning Group A-8 City of Modesto
Consultant Services Agreement for Specific Plan Preparation or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: De Novo Planning Group
Address: 1020 Suncast Ln #106
El Dorado Hills, CA 95762
Attention: Steve McMurtry, Principal
Phone: (916) 580-9818
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds #5..
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De Novo Planning Group A-9 City of Modesto
Consultant Services Agreement for Specific Plan Preparation identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, #5..
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De Novo Planning Group A-10 City of Modesto
Consultant Services Agreement for Specific Plan Preparation $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a #5..
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De Novo Planning Group A-11 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice.
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
TheCitymay also terminatetheConsultant'sperformanceunderthis Agreement, either in whole or in part, at its own discretion, or when conditions encountered during theWork make it impossibleorimpracticabletoproceed,orwhentheCityispreventedfromproceedingwiththe Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) #5..
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De Novo Planning Group A-12 City of Modesto
Consultant Services Agreement for Specific Plan Preparation calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of #5..
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De Novo Planning Group A-13 City of Modesto
Consultant Services Agreement for Specific Plan Preparation City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to theConsultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as #5..
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De Novo Planning Group A-14 City of Modesto
Consultant Services Agreement for Specific Plan Preparation of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent, reckless or #5..
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De Novo Planning Group A-15 City of Modesto
Consultant Services Agreement for Specific Plan Preparation willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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De Novo Planning Group A-16 City of Modesto
Consultant Services Agreement for Specific Plan Preparation This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the #5..
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De Novo Planning Group A-17 City of Modesto
Consultant Services Agreement for Specific Plan Preparation arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except #5..
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De Novo Planning Group A-18 City of Modesto
Consultant Services Agreement for Specific Plan Preparation to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California .
24. HEADINGS NOT CONTROLLING.
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De Novo Planning Group A-19 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.
Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #5..
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De Novo Planning Group A-20 City of Modesto
Consultant Services Agreement for Specific Plan Preparation IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________, adopted by the Council of the City of Modesto on the day of , 2024, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
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De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
Statement of Qualifications
Specific Plan Consulting Services
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
1 August 8, 2023
Peter Ibrahim, Infrastructure Financing Program Supervisor City of Modesto
PO Box 642
Modesto, CA 95353
SUBJECT: Statement of Qualifications for Specific Plan Consulting to the City of Modesto Dear Mr. Ibrahim,
We understand that the City of Modesto is seeking a Statement of Qualifications (SOQs) from experienced planning firms for Specific Plan services. We understand that the preparation of Specific Plans will be a collaborative effort on the part of the project applicant and the City. Input shall also be obtained through the public process from community members and property owners and responsible agencies. Based on this input, the City strives to create Specific Plans that conforms to community-wide planning goals.
De Novo Planning Group is a land use and environmental planning firm with 23 employees, specializing in community planning, environmental studies, urban design, and development services. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group has fullservice offices in northern California (Corporate Office – 1020 Suncast Lane, Suite 106, El Dorado Hills, CA 95762) and southern California (180 East Main Street, Suite 108, Tustin, CA 92780).
The De Novo team is experienced in providing Municipal Agencies with the desired services and brings the following unique benefits:
Success Providing On-Call Environmental Planning Services and Contract Staff Services. De Novo’s Principals have served as contract planning/environmental staff and provide on-call services for several agencies throughout California, including but not limited to: Citrus Heights, Tracy, Lincoln, Manteca, Lathrop, Brentwood, Davis, Rancho Cordova, Lake Forest, Santa Ana, Irvine, Rancho Santa Margarita, Fullerton, West Hollywood, Burbank, Lancaster, San Clemente, and Long Beach. We understand the role of staff in long range planning, and we pride ourselves on providing prompt and responsive services to our clients. Our team is well experienced with managing complex projects with a range of uses including hotel, office, mixed use, industrial, residential, alternative energy, hospitals, schools, and parks. Our past success has resulted in professional relationships that last years, and we continue to serve as resources for our clients well after individual projects have been completed.
Utilization of Technical Staff and Subconsultants. De Novo technical team members provide expertise in the areas of urban design, city and regional planning, and environmental planning. De Novo regularly teams with the region’s top subconsultants for transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies, all of whom are leaders in their fields and have experience working on a wide range of projects throughout California.
Diversified Professional Expertise. One of the key things that sets our firm apart from our competitors is the unparalleled experience and diverse skill sets of our Principals. Our team members are experts in a #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
2 wide range of planning disciplines, including environmental compliance, long-range planning (preparation of comprehensive general plans, specific plans, zoning codes, housing elements, and various ordinances), and development processing. Our team excels at providing meaningful and engaging public and community outreach, consensus building, and workshop facilitation.
Unparalleled Energy and Enthusiasm. All of De Novo’s principal-level planners greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised of junior-level planners, we prefer to roll up our sleeves and work on our projects ourselves. As managers of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake.
Benefits of a Boutique Planning Firm. All of De Novo’s principal-level staff have served as senior project managers with larger consulting firms, and through this experience we have gained intimate knowledge of some of the operational inefficiencies of large firms. We achieve cost savings through use of a streamlined team composed of De Novo Principals and principal- and senior-level staff of our subconsultants. Because we remain relatively small, we are able to offer our clients significantly lower rates, while still providing Principal-level attention to each project.
We are confident that our experience, record of success, and Principal-level attention to projects will prove to be extremely valuable to the City. We encourage you to contact our references regarding our ability to provide our services at the highest level of legal adequacy while consistently maintaining schedule and budget. Please contact Steve McMurtry at (916) 580-9818 or [email protected] if you have any questions or need any additional information.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry, Principal
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
3 Table of Contents
Table of Contents................................................................................................................................................................................... 3 A. Firm’s Qualifications.......................................................................................................................................................................... 4 B. Proposed Consultant Team............................................................................................................................................................. 5 C. Technical Approach ........................................................................................................................................................................24 D. Fee Schedule.....................................................................................................................................................................................26 E. Related Experience and References ............................................................................................................................................28 F. Samples of Work..............................................................................................................................................................................29 #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
4 A. Firm’s Qualifications
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, urban design, and development services. Incorporated in July 2008, De Novo Planning Group has successfully operated in the Sacramento, San Francisco Bay Area, Central Valley, Tahoe Basin, northern California coastal and inland regions. In 2017, De Novo opened an office in southern California, which has served clients throughout the Los Angeles basin, Orange County, and the Inland Empire. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects.
Our Mission
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost effective, and delivered within the client's schedule.
Our Philosophy
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of our knowledge for developing sensible and cost-effective solutions to concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.
Official Name
De Novo Planning Group
Firm Locations
Northern California (Corporate):
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916-580-9818
Southern California:
180 E. Main Street, Suite 108
Tustin, CA 92780
Years in Business/Providing
Service
16 Entity Type
California S-Corporation
Employees
23 Ownership
De Novo Planning Group is owned
by Principals Ben Ritchie, Steve
McMurtry, Beth Thompson, and
Amanda Tropiano.
Primary Point of Contact
Steve McMurtry
Principal Planner
916-580-9818
[email protected]
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
5 B. Proposed Consultant Team
De Novo Planning Group serves as the Prime Consultant and lead preparer of Specific Plan documents. De Novo’s project management and technical staff have a deep knowledge of land use planning and urban design and have prepared plans throughout southern California. Our in-house team includes land use planners, urban designers, and environmental planners. Additionally, our team members have served as contract staff to local agencies and are familiar with the planning process and future uses of a planning documents.
De Novo has a project management team with exceptional experience, planning knowledge and on-call planning experience. To complement our in-house services, we have well-established partnerships with highly experienced technical consultants who specialize in the areas of transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies. This section identifies the key personnel, their responsibilities, and qualifications. The proposed team members have the demonstrated capacity to perform all required services and all team members are adequately staffed and trained to perform the required services, as described in this section and demonstrated in the resumes that follow.
PROJECT MANAGEMENT TEAM
The De Novo project team will be under the management of Steve McMurtry, serving as the point of contact for the City. Steve will be supported by Co-Project Managers and Firm Principals, Christina Erwin, Ben Ritchie, Beth Thompson, who will further ensure supporting team members and resources are readily available and provide overall quality assurance.
Located in the El Dorado Hills office, Steve has over 22 years of experience preparing and managing land use planning documents and CEQA documents throughout California. Steve will be responsible for the day-to-day management and supervision of the De Novo team on all future assignments and will ensure the planning documents are thorough and comply with State law. Steve will review all internal and external work products and be responsible for overseeing and conducting any revisions and providing overall quality control and quality assurance throughout the project’s duration. A team member will also attend scheduled meetings, and in addition to key team members, will represent the project team at public hearings.
A Co-Project Manager will serve as a second point of contact to the City and be responsible for ensuring De Novo’s successful completion of each task, as well as ensuring that the City’s goals and expectations are being met. This includes assisting with review of documents prior to formal submittal and providing quality assurance/quality control. This principal-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout the project. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
6 De Novo Planning Group
Management Team
Steve McMurtry, Principal Planner
Project Manager, Primary Point of Contact
- Lead document preparer
- Issue area study preparer
- Biology
- Air quality/health risk assessments
- Greenhouse gas emissions/energy
Christina Erwin, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Ben Ritchie, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Beth Thompson, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Technical Team
Elise Laws
Senior Planner
Megan Knowles
Senior Planner + Designer
Josh Smith, AICP, LEED-AP
Senior Planner
Erik Anderson
Associate Planner
Jeff Setterlund
Associate Planner
Subconsultant Team
Fehr and Peers
Traffic
Ellen Polling, TE – Senior Associate
Ian Barnes, PE – Senior Associate
Saxelby Acoustic
Noise
Luke Saxelby – Principal Consultant
Rex Crane – Acoustic and Vibration Engineer
West Yost (Utility Engineering)
Elizabeth Drayer, PE – Principal
Amy Kwong, PE – Principal
Roger Chu, PE - Associate
Peak Associates (Cultural)
Melinda Peak – Principal Investigator
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EDUCATION
BS, Natural Resources
Management,
Cal Poly San Luis Obispo
ORGANIZATIONS
Licensed Real Estate Broker,
#01380263
Mr. McMurtry is a Principal with De Novo Planning Group and is responsible for project management, preparation of environmental documents, land use plans, air quality modeling, biological assessments, LESA modeling, regulatory permitting, litigation support, and expert witness testimony. He has successfully led multidisciplinary teams to complete hundreds of environmental, land use planning, and development projects in 32 California counties. Mr. McMurtry’s experience includes service in engineering and planning firms, as well as in the building industry. He has served as the project manager for thirteen RTP EIRs in California and is known as an expert in transportation environmental planning. His environmental experience encompasses public outreach/facilitation, policy/program development, document writing/processing, and permitting. Mr.
McMurtry has extensive experience preparing environmental documents and obtaining regulatory permits for state and federally funded projects, including projects within the State Highway System. Because of his expertise, he has been called on for litigation support and expert witness testimony relative to environmental and CEQA issues.
Steve McMurtry
PRINCIPAL
South Lathrop Specific Plan EIR,
City of Lathrop
Truckee Planned Community 3
(Specific Plan 3) EIR,
Town of Truckee
Cannery Park Master Plan EIR,
City of Davis
Crossroads West Specific Plan EIR,
City of Riverbank
PA-1 Specific Plan and EIR,
City of Brentwood
5175 Vincent Avenue Initial
Study/MND,
City of Irwindale
Seraphina Initial Study/MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
Griffin Park Master Plan EIR,
City of Manteca
Whisper Ridge Hotel Resort and Golf
Course Master Plan EIR,
City of Oroville
Silverado Master Plan EIR,
City of Elk Grove
Tra Vigne Master Plan EIR,
City of Stockton
Ventana Specific Plan EIR,
City of Merced
Madera 5-Bridges Specific Plan EIR,
City of Merced
Atwater South Specific Plan EIR,
City of Atwater
Morgan Ranch Specific Plan EIR,
City of Turlock
Family Entertainment Zone Master
Plan EIR,
City of Manteca
Pilot Flying J EIR,
City of Tulare
Pilot Flying J EIR,
City of Lathrop
2015 Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
2011 San Joaquin County RTP EIR
San Joaquin Council of Governments,
2012 Butte County MTP and SCS
EIR,
Butte County Association of
Governments
2015 Amador County RTP EIR,
Amador County Transportation
Commission
Merced County 2014 RTP EIR,
Merced County Association of
Governments
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy Analysis
and Planning, University of California,
Davis
ORGANIZATIONS
Urban Land Institute
Christina Erwin is a principal planner with De Novo Planning Group and has more than 22 years of experience in environmental planning for public- and privatesector clients throughout the California Central Valley. She has successfully managed many environmental planning projects involving urban infill, new land development, major sports and entertainment venues, general plans, and largescale specific plans. Christina’s specialty is working on technically and politically complex, multifaceted projects that require a high degree of coordination and interface with multiple stakeholders. She develops and guides the strategic application of CEQA for projects, with a focus on streamlining environmental review, providing rigorous environmental analysis, identifying implementable mitigation measures, and helping clients achieve their project objectives. Christina has significant experience working on prominent projects and delivering high quality environmental documents within strict timeframes.
Christina Erwin
PRINCIPAL PLANNER
Downtown Specific Plan Addendum,
City of Vacaville*
Innovation Park Planned Unit
Development EIR,
City of Sacramento*
Central City Specific Plan EIR,
City of Sacramento*
Sacramento Entertainment and Sports
Center & Related Development
(Golden 1 Center) EIR,
City of Sacramento*
Sacramento Railyards Specific Plan
Update, Kaiser Permanente Medical
Center, Major League Soccer Stadium
& Stormwater Outfall Subsequent EIR,
City of Sacramento*
Village 5 Specific Plan EIR,
City of Lincoln*
Upper Westside Specific Plan EIR,
Sacramento County*
Inglewood Basketball and
Entertainment Center EIR,
City of Inglewood*
Lakeside at Sutter Pointe Addendum,
Sutter County*
Burbank2035 EIR,
City of Burbank*
2030 General Plan Master EIR,
City of Sacramento*
Convention Center Renovation and
Expansion & 15th/K Street Hotel
Projects EIR,
City of Sacramento*
Richards Boulevard Office Complex
Project EIR,
City of Sacramento*
Sacramento Valley Station Area Plan
Addendum,
City of Sacramento*
Tower 301 EIR,
City of Sacramento*
Campus Oaks/Hewlett-Packard
Master Plan EIR Addendum,
City of Roseville*
Element Hotel and Coca Cola
Building Project Addendum,
City of Sacramento*
Arden Gateway Village Infill
Environmental Checklist,
City of Sacramento*
Ice Blocks Mixed Use Development
Project Tiered MND
City of Sacramento*
Sutter County Truck Yard Study,
Sutter County*
Natomas Quad B Office Project
(Centene Corporation Headquarters)
Addendum,
City of Sacramento*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Erwin while she was employed at another environmental firm #5..
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EDUCATION
MA, City and Regional Planning,
Cal Poly San Luis Obispo
BA, Political Science and History,
Cal Poly San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Mr. Ritchie is a founding principal at De Novo Planning Group with over 17 years of experience. Mr. Ritchie’s expertise includes managing long range planning documents, completing complex and controversial CEQA documents, and facilitating community outreach and public communications efforts for the firm. His experience includes a variety of land use, transportation, and sustainability projects throughout California. Mr. Ritchie has extensive knowledge of the California Environmental Quality Act (CEQA) and has assisted jurisdictions in drafting and updating their local CEQA implementation guidelines. He served as the Environmental Coordinator for the City of Rancho Cordova, where he oversaw the environmental planning division and the preparation of all CEQA documents prepared by staff and outside consultants. This experience has given him the knowledge of how local agencies use and implement planning documents, and specifically general plans, on a day to day basis.
Ben Ritchie
PRINCIPAL
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of La Verne
General Plan Update, Zoning Code
Update, Climate Action Plan, and EIR,
City of San Jacinto
General Plan Update, Housing
Element, and EIR,
City of Brentwood
PA-1 Specific Plan and EIR,
City of Brentwood
General Plan and Zoning Code
Update, Housing Element, and EIR,
City of Sebastopol
General Plan Update, Housing
Element and EIR,
City of Cotati
General Plan Update, Housing
Element, Zoning Code Update and
EIR,
Colusa County
General Plan Update EIR and Climate
Action Plan,
City of Foster City
Sustainability Element and Climate
Action Plan EIR,
City of Elk Grove
General Plan Update and EIR, General
Plan Annual Report, Genera Plan
Implementation Plan, Housing
Element Updates, and EIR Addendum
City of Lakeport
General Plan Update, Climate Action
Plan, and EIR,
City of Campbell
General Plan Update and EIR,
City of Milpitas
General Plan Update and EIR,
City of Lakeport
General Plan Update and EIR,
City of Manteca
Seraphina MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
The Cannery EIR,
City of Davis
West Area Specific Plan EIR,
City of Salinas
Joerger Ranch Specific Plan EIR,
Town of Truckee
Sterling 5th Street Apartments EIR,
City of Davis
Home2Suites MND,
City of Tracy
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental and Resource
Science,
University of California, Davis
ORGANIZATIONS
American Planning Association
Beth is a principal with De Novo with over 25 years of professional planning experience. Her responsibilities include general plan preparation and management, senior review of environmental documents, environmental planning, Housing Element updates, policy document preparation, and contract planning. Beth specializes in community planning as well as CEQA and NEPA compliance. Her experience includes the preparation and management of numerous General Plan projects. She also has extensive experience preparing and managing General Plan EIRs, development EIRs for a range of project types from ski resort master plans to hospital facilities to subdivisions. Beth is an industry leader in the field of Housing Elements and General Plans, and she has a proven track record of successfully completing environmental and planning documentation for complex projects. While with Laurin Associates (now a subsidiary of Raney Planning and Management) Ms.
Thompson prepared over sixty housing feasibility and market studies for single family and multifamily residential projects in urban and rural areas throughout the US). The market and feasibility studies identified market demand for the proposed housing types, estimated capture rates, identified applicable fees, and known constraints to development.
Beth Thompson
PRINCIPAL
General Plan Update, Housing
Element, and EIR
City of Brentwood
General Plan Update and EIR,
Housing Element
City of Cotati
General Plan Update and EIR
City of Manteca
General Plan Update and EIR, Zoning
Code Update, Housing Element, and
On-Call Staffing
City of Sebastopol
General Plan Update EIR and Climate
Action Plan
City of Foster City
Sustainability Element and Climate
Action Plan EIR/Housing Element EIR
City of Elk Grove
General Plan Annual Report & Implementation Plan, Housing Element Updates (4th, 5th, & 6th Cycles), and
EIR Addendum
City of Lakeport
Springs Specific Plan and EIR
Sonoma County
Housing Element – 4th Cycle
City of Half Moon Bay
Housing Element – 5th Cycle;
Focused General Plan Update
City of Oakley
Housing Element – 4th & 5th Cycle
City of Ripon
Housing Element – 5th & 6th Cycle
City of Winters
Housing Element – 6th Cycle
Shasta County
Housing Element (6th Cycle),
Inclusionary Housing Study, and
Zoning Code Update
Yolo County
Housing Element Update EIR – 5th
Cycle
City of Novato
Cottage Senior Apartments NEPA
City of Manteca
Blue Mountain Terrace NEPA
City of Manteca
The Ranch EIR,
City of Rancho Cordova
Vineyards at El Dorado Hills EIR
El Dorado County
Brownfields Site Reuse and
Revitalization Planning
City of Pittsburg
CEQA Documentation: General Plan
Update and Zoning Code Update
Town of Yountville
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy and
Planning,
University of California, Davis
Elise is a Senior Planner with De Novo. She has over 10 years of environmental consulting experience completing both CEQA and NEPA documentation in the public and private sectors, as well as collaborating on long-rang planning documents. Elise has worked on a variety of projects throughout California, including large-scale, controversial development projects, Specific and Master Plans, and General Plan Updates. Examples include the West Davis Active Adult Community EIR (City of Davis), Eastview Specific Plan and Annexation EIR (City of Galt), College Park EIR (City of Rocklin), Sebastopol Zoning Code Update (City of Sebastopol), and City of Campbell General Plan Update. Her other skills include air quality modeling using the California Emissions Estimator Model (CalEEMod), California Natural Diversity Database and RareFind research, public outreach and facilitation, and project organization and management.
Elise Laws
SENIOR PLANNER
Sonoma Springs Specific Plan and EIR,
Sonoma County
Tra Vigne Development Project EIR,
City of Stockton
West Davis Active Adult Community
EIR,
City of Davis
College Park EIR,
City of Rocklin
5175 Vincent Avenue EIR,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR,
City of Tulare
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Calaveras SR 49 Land Use Study,
Calaveras Council of Governments
Sunrise Tomorrow Specific Plan EIR,
City of Citrus Heights
Crossroads West Specific Plan EIR,
City of Riverbank
Griffin Park Master Plan Project EIR,
City of Manteca
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Sebastopol Zoning Code Update,
City of Sebastopol
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Pilot Flying J EIR,
City of Lathrop
Vineyards at El Dorado Hills,
El Dorado County
RELEVANT PROJECT EXPERIENCE
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EDUCATION
MCP, City Planning, Urban Design
Concentration
University of Pennsylvania,
Philadelphia
BS, Urban, Rural, and
Environmental Planning,
Brigham Young University, Provo
Research,
Cambridge University (UK), Pembroke
College
ORGANIZATIONS
Urban Land Institute
American Planning Association
U.S. Green Building Council
LEED AP BD+C,
Credential Id # 10433552-AP-BD+C
Megan Thorne is a senior planner and designer with De Novo Planning Group. With over 15 years of professional planning experience, Megan has worked on a wide variety of planning projects for public and private sector clients, including numerous general plans, specific plans, corridor plans, site plans, design guidelines, strategic plans, sustainability programs, visioning projects, transit-oriented development plans, zoning documents, outreach programs, and 3D visualizations. Megan possesses the ability to think creatively and envision change while keeping projects grounded with achievable benchmarks and implementable policy goals. She excels at communicating complex information and policy ideas in a compelling and simple manner. As a designer, Megan has differentiated herself with her hand-drawing abilities as well as her technical skills. Her technical expertise includes 3D modeling, graphic design, and web design. She continues to pioneer ways new technology can improve old processes from community outreach approaches to the web-publication of planning documents.
Megan Knowles, LEED AP BD+C
General Plan Update and EIR,
City of San Jacinto
General Plan Update and EIR,
City of La Verne
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of Westminster*
General Plan Update and EIR
City of San Marcos
ADU Ordinance and Guidebook,
City of Ione
City of Bellflower Sign Code Update
City of Bellflower
Irvine Neighborhood Plan
City of Irvine
California High Speed Rail: Palmdale
to Burbank Segment
City of Palmdale, City of Burbank*
West Carson Transit-Oriented
Development Specific Plan
City of West Carson*
Downtown Bellflower TransitOriented Development Specific Plan City of Bellflower*
SCAG 2016 RTP/SCS: Content
Authoring and Web Solution
Southern CA Association of
Governments*
Morena Corridor Specific Plan
City of San Diego*
De Anza Revitalization Plan
City of San Diego*
Long Beach Southeast Area (SEASP)
Specific Plan
City of Long Beach*
Stanton Plaza Specific Plan
Amendment and EIR Addendum
City of Stanton*
Airport Gateway Specific Plan
Inland Valley Development Agency*
Crafton Hills College Village Overlay
Zone
City of Yucaipa*
Livermore Downtown Visioning & Site
Planning
City of Livermore*
The Highlands, Tesoro Del Valle
Master Plan
Newport Pacific Land*
Tesoro Viejo Master Plan
Madera County*
Harmony Specific Plan
Lewis Companies, City of Highland*
SAVI Ranch Land Use and Mobility
Vision Plan
City of Yorba Linda*
LA County Parks Needs Assessment
Los Angeles County*
Measure A Parks Implementation
Los Angeles County*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Thorne while she was employed at another planning firm #5..
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EDUCATION
BS, Environmental Policy Analysis
and Planning,
University of California, Davis
ORGANIZATIONS
American Planning Association
ACREDITATIONS
AICP
LEED AP O+M
Josh Smith, AICP, is a Senior Planner with De Novo. He has twelve years of experience and is responsible for the preparation of CEQA/NEPA documents (Initial Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments), the development of air quality and greenhouse gas technical plans and reports, and climate change planning for local governments.
Josh has extensive experience with air quality, greenhouse gas, and energy modeling, including criteria air pollutant and air dispersion modeling. Josh also has substantial experience developing Climate Action Plans, Energy Action Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary technical analyst on the Pleasanton, Oakdale, and Hughson Climate Action Plans, and has managed EIRs such as the Manteca Annexation #1 EIR, Placer County RTP EIR, and Amador County RTP EIR. Josh has additional expertise utilizing best-practice standards for developing greenhouse gas (GHG) inventories and context-specific GHG mitigation measures, as well as developing custom air pollutant emissions calculators for complex projects.
Josh Smith, AICP, LEED AP
SENIOR PLANNER
5175 Vincent Avenue MND,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR and HRA,
City of Tulare
Amador County RTP EIR,
Amador County Council of Governments
Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
Pilot Flying J EIR and HRA,
City of Lathrop
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Sonoma Springs Specific Plan and
EIR,
Sonoma County
Sterling Apartments EIR,
City of Davis
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Manteca Annexation #1 EIR,
City of Manteca
Tra Vigne Development Project EIR,
City of Stockton
Gardena U-haul MND,
City of Gardena
Citrus Heights Sunrise Tomorrow EIR
City of Citrus Heights
Fullerton 1901 Via Burton MND
City of Fullerton
Pleasanton Climate Action Plan
City of Pleasanton*
Hughson Climate Action Plan
City of Hughson*
Hughson Climate Action Plan
City of Hughson*
Rialto Travel Center EIR and HRA
City of Rialto
Palmdale HRA
City of Palmdale
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Smith while she was employed at another planning firm
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EDUCATION
BA, Political Science,
University of California, Los Angeles
Master of City and Regional
Planning,
Cal Poly, San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Congress for the New Urbanism
AWARDS
2019 California Planning Foundation,
Central Coast Section Scholarship
2019 & 2020 Errett Fisher Foundation
Scholarship
Erik has worked on a diverse range of projects for public and private sector clients, with a focus on environmental and sustainability planning, land-use planning, and policy development. Erik provides project support in the preparation of CEQA documentation and long-range planning documents, including General Plans, Housing Elements, and Zoning updates. His experience includes grassroots lobbying with a non-profit environmental organization and work in the legal field.
Erik is passionate about serving communities and creating innovative work through place-based development strategies.
Erik Anderson
ASSOCIATE PLANNER
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update, Hawthorne Blvd
Specific Plan Update, and EIR
City of Lawndale
Zoning Update and Addendum to
General Plan EIR
City of Westminster
General Plan Update and EIR
City of Jackson
General Plan Update and EIR
City of Red Bluff
Mountain House Incorporation IS/ND
San Joaquin County
SR-120 Interchange IS/MND
City of Lathrop/Caltrans
Circulation Element Update IS/ND
City of Bell Gardens
U-Haul Expansion IS/MND
City of Gardena
Pilot Travel Center IS/MND
City of Moreno Valley
Applied Medical Expansion IS/MND
City of Lake Forest
2500 North Hollywood Way EIR
City of Burbank
Harper Project EIR
City of West Hollywood
Focused General Plan Update
City of Glendale
Local Hazard Mitigation Plan
Laguna Hills, CA
Housing and Safety Element Update
City of Rancho Santa Margarita
Housing Element Update (6th Cycle)
Cities of Lawndale, Glendale,
Hawthorne, La Verne, Avalon, Lake
Forest, Rancho Santa Margarita,
Westminster, Temecula, and San
Jacinto
General Plan Update
City of McFarland*
McFarland Zoning Code Update
City of McFarland*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Anderson while enrolled as a Graduate Student in City and Regional Planning at Cal Poly, San Luis Obispo
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Courtney is an Assistant Planner with De Novo Planning. She earned a B.S. in City and Regional Planning with a minor in Sustainable Environments from Cal Poly, San Luis Obispo. Courtney has a passion for community planning and has participated in public outreach efforts for cities throughout Southern California.
Courtney work focuses on environmental projects and has worked on a variety of CEQA projects for land development and public policy document projects. She has worked on projects at the programmatic level and at the project-specific level, allowing her to better understand the impacts planning decisions have on both the surrounding communities and individuals.
Courtney has worked on a range of planning projects, including Climate Vulnerability Assessments and General Plan Updates throughout California.
Courtney Marchi
ASSISTANT PLANNER
EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2021 Academic Award of Excellence,
APA Central Coast Division
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update EIR,
City of La Verne
General Plan Update EIR,
City of Martinez
Housing Element Update EIR,
City of Sausalito
Pilot Travel Center Project EIR,
City of Moreno Valley
Pilot Travel Center Project EIR,
City of Perris
Harper Project EIR,
City of West Hollywood
2500 North Hollywood Way EIR,
City of Burbank
Great Scott Tree Service IS/MND,
City of Lake Forest
Applied Medical Expansion Project
EIR,
City of Lake Forest
Soma Apartments IS/MND,
City of Manteca
U-Haul Expansion Project IS/MND,
City of Gardena
Climate Vulnerability Assessment,
Cities of Lake Forest, Gardena,
Stanton, and Bradbury
Environmental Justice Element
Update,
City of Anaheim
Environmental Justice Element
Update,
City of Gardena
General Plan Update,
City of San Marcos
General Plan Annual Progress
Report,
City of San Marcos
Background Report & General
Plan Policy Update,*
City of San Joaquin
Downtown Tracy Light Rail
Specific Plan,*
City of Tracy
Urban Design Visions,*
City of San Martin
General Plan Update,
County of Orange
RELEVANT PROJECT EXPERIENCE
* Project was completed by Marchi while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo #5..
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EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2014 1st Place Sacramento Regional
Design Competition, ACE Mentorship
Program, Sacramento Valley Section
Jeff is an Assistant Planner with De Novo and joins our team having recently earned his B.S. in City and Regional Planning from Cal Poly San Luis Obispo. Jeff is passionate about serving communities and creating innovative work through land use planning and design. He is an active member of the APA ambassador program and the APA Small Town & Rural program. Jeff works on a variety of projects for De Novo, including General Plan updates and CEQA documentation.
Jeffrey Setterlund
ASSISTANT
Glenn County General Plan Update,
Glenn County
Willows General Plan Update,
City of Willows
West Area Specific Plan EIR,
City of Fresno
College Park EIR,
City of Rocklin
Lathrop General Plan Update,
City of Lathrop
Wackerly Annexation Plan,
City of Manteca
Campbell General Plan Update,
City of Campbell
Milpitas General Plan Update,
City of Milpitas
Housing Element Update,
City of Escalon
Housing Element Update,
City of Lakeport
Housing Element Update,
Shasta County
Parlier Community Plan Update,
City of Parlier*
Bickford Ranch Specific Plan,
Placer County*
Sunset Industrial Area Specific
Plan,
Placer County*
Placer Ranch Specific Plan,
Placer County*
High Speed Rail Station Area Plan
(Practicum),
City of Riverside*
Downtown Plan (Practicum),
City of San Luis Obispo*
Waterfront Resiliency Project,
City of San Francisco*
Community Plan Update
(Practicum),
Avila Beach*
Corridor Redevelopment Vision,
Meadow Vista*
Secondary Dwelling Code Update,
Placer County*
Housing Element Update,
Placer County*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Setterlund while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo or while he was employed at another planning firm
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Ellen Poling
Senior Associate
100 Pringle Avenue.
Suite 600
Walnut Creek, CA 94596
925.930.7100
Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington DC about
Ellen has 30 years of experience managing transportation planning and traffic engineering projects. Her projects have included traffic impact studies, environmental impact report transportation chapters, general and specific plan transportation elements, neighborhood traffic calming
studies, freeway interchange project reports, and
university-related studies covering a wide array of issues, including origin-destination surveys, trip generation
surveys, and policy analysis. Her particular areas of
expertise include university and city planning studies, environmental review under CEQA, and development site
traffic engineering review. Her recent city clients include Benicia, Fairfield, Lafayette, Moraga, Pleasant Hill, San Ramon, Stockton, and Vallejo; recent college and
university clients include UC Berkeley, UC Davis, UC
Riverside, UC Merced, CSU East Bay, Stanford University, Mills College, and University of San Francisco.
education
B.S. in Aeronautical Engineering, University of California, Davis, 1986
affiliations
Institute of Transportation Engineers: Member
registrations
Licensed Traffic Engineer, State of California (#1723)
Licensed Mechanical Engineer, State of California (#27941) expertise
• General Plans
• Specific Plans
• University and College Campus Planning
• Traffic Impact Analysis
• Site Access and Circulation Evaluation
• Parking Studies
• Highway Project Development
public service
Lafayette Circulation Commission: 1997 – 2011
publications & presentations
Downtown at the Crossroads: Balancing Capacity Needs
with Quality of Life in Lafayette, CA (Institute of
Transportation Engineers, 2000 National Meeting)
The Roundabout Solution for a Campus Gateway
(Transportation Research Board 4th International
Conference on Roundabouts, April 2014)
project experience
North Downtown Specific Plan (Walnut Creek, CA)
Fehr & Peers is kicking off the transportation planning work for the North Downtown Specific Plan in Walnut
Creek. The Plan area is bounded by Parkside Drive, Civic Drive, California Avenue, Pringle Avenue, and I-680. Our tasks include a baseline traffic operations and
transportation infrastructure report, developing land use and transportation alternatives, multi-modal evaluation of alternatives, preparing the transportation chapter of the Specific Plan, and completing the transportation
impact analysis for the Specific Plan EIR.
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Ian Barnes, PE
Senior Associate/Stockton Office Leader
EDUCATION
Master of Science in Civil Engineering,
University of California, Berkeley, 2011
Bachelor of Science in Civil Engineering,
Magna Cum Laude, California Polytechnic
State University – San Luis Obispo, 2010
REGISTRATIONS
Professional Engineer, State of California
(#C81389)
AFFILIATIONS
Institute of Transportation Engineers (ITE),
Legislative Chair
Founding Officer of the San Francisco Bay
Area chapter of the Young Professionals in
Transportation
PUBLICATIONS
Impact of Peak and Off Peak Tolls on Traffic in
the San Francisco-Oakland Bay Bridge Corridor
(lead author), UC Berkeley Global Metropolitan
Studies, 2011
EXPERTISE
• Traffic operations analysis for PID and PA/ED
• Arterial Traffic Operations
• Senate Bill 743 CEQA VMT analysis for
transportation infrastructure projects
• Technical Software: VISSIM; SYNCHRO/
SIMTRAFFIC; HCS; TRAFFIX
• Microsimulation modeling
ABOUT
Ian Barnes is an award-winning Senior Associate in Fehr & Peers’ Stockton office, where he also serves as Office Leader. Mr. Barnes has over 10 years of experience in multimodal planning and operations analysis over a broad spectrum of settings in the Bay Area and Northern California. He is an expert in microsimulation modeling, including extensive experience with the VISSIM and SimTraffic software analysis packages. His studies focus on complex arterial networks, as well as complex freeway systems. He previously served as the Legislative Chair of the Institute of Transportation Engineers San Francisco Bay Area Section, and was a founding officer of the San Francisco Bay Area chapter of the Young Professionals in Transportation professional society.
SELECT PROJECT EXPERIENCE
State Route 120/Union Road Diverging Diamond Interchange (Manteca, CA)
The SR 120/Union Road interchange serves as a key regional transportation mobility node for the City of Manteca and San Joaquin County as a whole; efficient and safe multimodal operations at the interchange are critical to maintain the quality of life for residents, employees and visitors of the area, while continuing to ensure the function of key economic drivers for the local community. Given the high traffic demands placed on the interchange, an innovative, first-in-California Diverging Diamond Interchange (DDI) concept, along with a grade separated bicycle/pedestrian “ribbon path,” was advanced as the preferred alternative for the project.
Fehr & Peers provided transportation consulting services for the SR 120 / Union Road Diverging Diamond Interchange (DDI) Project in the City of Manteca, including completed the PA&ED phase Traffic Operations Analysis Report (TOAR) for the project. Being committed to providing an efficient and cost-effective analysis of the transportation impacts of the proposed project, we used as much information from prior studies completed by Fehr & Peers for transportation infrastructure and land use projects in the area. The analysis fully evaluated the Diverging Diamond Interchange (DDI) Project and provided improved access from southbound Union Road into the Promenade Shops – Orchard Valley. The TOAR was conducted in conjunction with Caltrans District 10’s policies for transportation analysis and traffic forecasting; relationships with District 10 staff were critical in advancing this innovative interchange design through the Caltrans process. Ian served as the Deputy Project Manager and Technical Manager for this project.
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LUKE SAXELBY, INCE Bd. Cert.
Principal Consultant at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Saxelby has been practicing acoustic and noise control engineering for the past 21 years and is a Board Certified member of the Institute of Noise Control Engineering (INCE). He is an expert in the requirements of the California Environmental Quality Act (CEQA) relating to noise impacts and has been involved in the preparation of hundreds of noise studies, including CEQA Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND). He is also a recognized expert witness in issues relating to building acoustics and noise control and has given testimony on various legal projects including construction defect claims and CEQA litigation.
Mr. Saxelby has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model (TNM), the CadnaA (Computer Aided Noise Abatement) sound prediction model, SoundPLAN acoustic model, the Federal Aviation Administration’s (FAA) Integrated Noise Model (INM), and the Enhanced Acoustic Simulator for Engineers (EASE) model. He has also developed many custom computer models used in his practice. Special interests and areas of practice include the application of noise control techniques for mechanical systems, building noise control design, low noise HVAC systems, and architectural acoustics.
KEY EXPERIENCE
▪ Airstrip/Helipad Noise Assessment
▪ Architectural Acoustics Design and Testing
▪ Community Noise Ordinance Development
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ Expert Witness
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Master Plan / Community Plan Noise
▪ Mining Noise Assessment
▪ Peer Review
▪ Transportation Noise Studies
▪ Wind Turbine Noise Analyses
PROFESSIONAL EXPERIENCE
▪ Vice President & Senior Consultant | j.c. brennan & associates, Inc. | 2006-2017 ▪ Consultant | Bollard Acoustical Consulting | 2005
▪ Consultant & Technician | Bollard & Brennan, Inc. | 2002-2005
EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Institute of Noise Control Engineering (INCE) | Board Certified (2011) ▪ FHWA Traffic Noise Model (TNM) Training Course | Burlington, MA (2005 ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (1999-2004) ▪ Board for Professional Engineers and Land Surveyors: Engineer-In-Training (EIT) #116045 (2003)
PUBLICATIONS
▪ Noise Control for a Metal Shredder and Recycling System | Sound & Vibration Magazine | August 2012 PROJECT EXPERIENCE – ACOUSTICAL DESIGN AND NOISE CONTROL ENGINEERING ▪ 4045 Broadway Multi-Family Development. Oakland, California. ▪ 401 29th Street Multi-Family Development. Oakland, California ▪ Scotia Apartments Multi-Family Development. San Jose, California ▪ California School for the Deaf Acoustical Design. Riverside, California. ▪ Jackson Street Multi-Family Housing. Seattle, Washington.
PROJECT EXPERIENCE – ENVIRONMENTAL NOISE ASSESSMENT
▪ Bethel Church Collyer Drive Campus. City of Redding, California. ▪ Isabella Dam Safety Modification EIS. Lake Isabella, California. ▪ Central Trunk Sewer Rehabilitation Construction Project. Sacramento, California. #5..
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Steve McMurtry, De Novo Planning Group March 24, 2023 www.SaxNoise.com
G:\Shared drives\De Novo Marketing (Internal)\Nor Cal Proposals\Modesto\2023_Modesto_RFQ Environmental Planning_On-call\Saxelby\Saxelby.docx Rex Crayne
Acoustic and Vibration Engineer at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Crayne has been practicing acoustic and noise control engineering since graduating with his BS in Mechanical Engineering in 2019. He is an associate member of the Institute of Noise Control Engineering (INCE). He has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model, the SoundPLAN sound prediction model, and VBA script writing for complex data processing techniques.
KEY EXPERIENCE
▪ Architectural Acoustics Testing
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Mining Noise Assessment
▪ Transportation Noise Studies
PROFESSIONAL EXPERIENCE
▪ Student Research Assistant | CSUS Mechanical Engineering Department | 2019 ▪ Materials Laboratory Assistant | CSUS Mechanical Engineering Department | 2018-2019
EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Environmental Noise Analysis Training Course | Fullerton, CA (2019) ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (2015-2019) #5..
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Elizabeth Drayer, PE
Principal-in-Charge
Elizabeth specializes in water resources engineering and coordinating multi-discipline projects. She has experience leading water resources planning studies and design projects. She specializes in water supply and infrastructure master planning and has prepared more than 24 water and utility master plans, more than 20 water supply assessments, and more than 30 urban water management plans. She has also prepared many other studies and plans for clients including groundwater studies, drought response and water shortage contingency plans, facility operations plans, and emergency operations plans involving the evaluation of existing facilities, evaluation of existing and future water demands, identification of system deficiencies and needs, evaluation of water supply alternatives, and development of recommendations for capital improvements. She has prepared preliminary and detailed designs for water supply facilities such as pipelines, pump stations, reservoirs, and canals. Elizabeth is a West Yost Vice President and serves on West Yost’s Board of Directors.
EXPERIENCE
URBAN WATER MANAGEMENT PLANS
2010, 2015, 2020 Urban Water Management Plans, City of Modesto and Modesto Irrigation District, CA: QA/QC Reviewer for the preparation of a 2020 Joint Urban Water Management Plan (UWMP) for the City of Modesto and Modesto Irrigation District, Project Manager for the 2015 UWMP for the City of Modesto, and Project Engineer for the preparation of a Joint 2010 UWMP for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. The UWMPs were prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook.
2020 Urban Water Management Plan, City of Stockton, CA: Project Manager for the preparation of the 2020 Urban Water Management Plan (UWMP). Project tasks include review of the City’s water demands and water supplies for the last five years, projection of future water demands and water supplies through 2045, a report on the City’s compliance with its SB X7-7 per capita water use target for 2020, consideration of the impacts of Senate Bill 606 and Assembly Bill 1668 on the City’s future water demands, an update of the City’s on-going and planned water demand measures, and an update of the City’s water shortage contingency plan. West Yost assisted City staff during the public hearing and City Council adoption of the 2020 UWMP and uploaded the final plan to the Department of Water Resources Water Use Efficiency data portal. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: QA/ QC reviewer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency. Tasks included coordination with Zone 7 staff and the internal project team to prepare the Administrative Draft, Public Draft, and Final 2020 UWMP, preparation for Board meetings and public meetings, and completion of the 2020 UWMP for submittal to the Department of Water Resources.
STAFF TITLE: Vice President
YEARS OF EXPERIENCE: 33
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 46872
EDUCATION
MS, Structural Engineering,
University of California, Berkeley
BS, Civil Engineering, University
of California, Berkeley
CERTIFICATIONS
Underground Storage Tank
Installation
UC Davis Extension, 32-hour
Course, Groundwater Hydrology
UC Davis Extension, 32-hour
Course, Principles of Toxicology
PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
Association of California Water
Agencies
WateReuse Association
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Amy Kwong, PE
Amy Kwong is a water resources engineer with a focus in water master planning, water supply and facilities planning, hydraulic modeling, and the design of water system infrastructure. She has contributed to the development of many water master plans throughout California.
EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Project Manager for the preparation of a 2020 Joint Urban Water Management Plan for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan.
Water Master Plan, City of Modesto, CA: Project Engineer responsible for developing the City’s buildout water demand projections and updating the water demands in the hydraulic model. Directed and performed QA/QC on the hydraulic model calibration (using steady state hydrant test simulations) and verification (using extended period simulations) as well as the existing and buildout water system hydraulic evaluations. Results from the existing and buildout water system evaluations will be used to develop a comprehensive capital improvement program.
Modesto Water System Planning, Engineer’s Report, City of Modesto, CA:
Staff Engineer responsible for updating current and buildout water demands, and completing buildout system hydraulic model analysis to determine necessary capital improvements. Worked with Project Manager to develop a methodology to justify recommended transmission and distribution facilities, and to allocate costs to existing and future customers. The report, which addressed both a 5-year and 20-year planning horizon, required an update to the City’s hydraulic model using H2ONET, and evaluation of the feasibility of the City’s continued participation in the Turlock Irrigation District’s Regional Surface Water Supply Project. 2020 Urban Water Management Plan, City of Napa, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the City of Napa. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adoption.
2020 Urban Water Management Plan, City of San Bruno, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the city of San Bruno. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adpotion.
STAFF TITLE: Principal Engineer II
YEARS OF EXPERIENCE: 16
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 73213
EDUCATION
MS, Civil and Environmental
Engineering, Stanford University,
Stanford, CA
BS, Civil and Environmental
Engineering, San Jose State
University, San Jose, CA
PROFESSIONAL AFFILIATIONS
American Water Works
Association
American Society of Civil
Engineers
Bay Area Water Works
Association
Water Education Foundation,
2013 Water Leaders Class
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Roger Chu, PE
Roger Chu is an engineer focused on the planning and design of water and recycled water projects, including master planning, hydraulic modeling, and preparing unidirectional flushing (UDF) plans. Proficient in ArcGIS and InfoWater, Roger has conducted hydraulic modeling training sessions and developed detailed model training materials. In addition, Roger has designed pipelines and pump stations using AutoCAD Civil 3D.
EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Staff Engineer for the preparation of a 2020 Joint UWMP for the City of Modesto and Modesto Irrigation District. Reviewed water demand projections, water supply availability and reliability from groundwater and MID, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. Also supported development of the City’s Water Conservation Plan. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: Staff Engineer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency (Zone 7). Reviewed water demand projections for Zone 7 and its retailers (California Water Service, City of Pleasanton, City of Livermore, and Dublin San Ramon Services District), water supply availability and reliability from the State Water Project and the Zone 7’s local groundwater supply, demand management measures, and the Zone 7’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Pleasanton, CA: Staff Engineer for the preparation of the 2020 UWMP for the City of Pleasanton. Reviewed water demand projections for the City, water supply availability and reliability from Zone 7 Water Agency (Zone 7) the City’s local groundwater supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Napa, CA: Staff Engineer for the preparation of a 2020 UWMP for the City of Napa. Reviewed water demand projections for the City, water supply availability and reliability from the State Water Project and the City’s local surface water supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan Update, Mountain House Community Services District, Mountain House CA: Staff Engineer for preparation of the 2020 Urban Water Management Plan Update for the Mountain House Community Services District in compliance with the Urban Water Management Planning Act, as amended.
The UWMP was prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook. Supported the update of the MHCSD hydraulic model and simulating various demand conditions for the existing and future water system.
STAFF TITLE: Associate Engineer II
YEARS OF EXPERIENCE: 7
PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 87591
EDUCATION
MS, Civil and Environmental
Engineering, University of
California, Davis
BA, Economics, Boston College
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PEAK & ASSOCIATES, INC.
RESUME
MELINDA A. PEAK
Senior Historian/Archeologist
3941 Park Drive, Suite 20 #329
El Dorado Hills, CA 95762
(916) 939-2405
PROFESSIONAL EXPERIENCE
Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation.
In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in sitespecific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types.
Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist.
EDUCATION
M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California
B.A. - Anthropology - University of California, Berkeley
PROJECTS
In recent years, Ms. Peak has led the team completing the cultural resource sections for General Plan and General Plan Updates, for a number of cities/neighborhoods including Campbell, Milpitas, Yountville, Manteca, The Springs, Sebastopol, Martinez, Brentwood, Colusa County and Foster City. Older General Plan efforts include Wheatland, Rocklin, Sheridan, Granite Bay and South Sutter County.
In recent months, Ms. Peak has completed a number of determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places.
She has also completed historical research projects on a wide variety of topics for a number of projects including the development of a winery in a ranch in Folsom, commercial buildings in the City of Davis, a lumber mill in Clovis, older farmhouses dating to the 1860s, an early roadhouse, bridges, canals, former small town site, and a section of an electric railway line. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
24 C. Technical Approach
The De Novo team has provided planning and design services for communities throughout California. We are proud of our history of working with local agencies on an on-call basis. We will work with the City to prepare a detailed and accurate scope of work tailored for the project being proposed at that time. Our scope of work will identify the specific tasks the De Novo team will undertake from project initiation to project closeout. De Novo prides itself on crafting a project-specific technical approach for each project it pursues. However, below is a summary of key considerations we apply in our approach to every project:
• Compliance with state legislation
• Close coordination with stakeholder, resource, and responsible agencies • Principal attention to every aspect of the project
• Dedicated Project Manager and Co-Project Manager
• Strict Adherence to Schedule and Budget
• Quality Assurance and Quality Control
Compliance with State Legislation
The De Novo team is well-versed in State planning law. We have experience preparing a variety of longrange planning documents, including General Plans, Specific Plans, and Master Plans. We will ensure that the planning documents contain the requirements elements defined in State law.
Close Coordination with Stakeholders
Given our experience in preparing planning documents, we understand the strong need for early and ongoing coordination with stakeholders. Our team will consult all relevant stakeholders as part of any project, as well as during the Noticing and during the preparation of the draft documents.
Principal Attention to Every Aspect of the Project
We do not identify principal staff in our proposal, then hand the project out to junior staff members to complete for our review. Rather, our Principal staff identified in this proposal as the Project Manager, CoProject Managers, and Principal Planners will work on every aspect of each project and will write and review each document we provide to the Applicant/City. This senior-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout each project.
Dedicated Project Manager and Co-Project Manager
Our team dedicates two De Novo principals and/or principal planners as Project Manager and a Co-Project Manager who will be in attendance at all public and stakeholder meetings and will be intimately involved in every aspect of the project. Although the Project Manager will serve as the primary point of contact, we feel that the use of two managers will ensure that all members of our team are constantly up to speed regarding changes in project direction, staff preferences, and all of the other nuances of projects.
Additionally, having two project managers provides an exceptional level of quality control so that products reviewed by the City are technically accurate and complete.
Strict Adherence to Schedule and Budget
Our project team is fully committed to bringing our projects to public hearings as quickly and effectively as possible while always delivering products of exceptional quality. We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft #5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
25 documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff and the Applicant team to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We are in this business for the long-term, and building trust and confidence with our clients is the single greatest thing we can do to build loyalty and repeat business.
Quality Assurance and Quality Control
Coordinating closely with City staff, De Novo’s management team will ensure that our deliverables address regulatory requirements and are completed in a timely and professional manner. Our internal quality control review includes review of our planning documents by a Principal Planner. #5..
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DE NOVO PLANNING GROUP
Statement of Qualifications
26 D. Fee Schedule
D E N O V O P L A N N I N G G R O U P
Principal $185-235
Principal Planner $160-210
Senior Planner $125-175
Associate Planner $115-145
Assistant Planner $95-125
GIS Analyst $105-145
Legal Assistance/Expert Witness $350-450
F E H R A N D P E E R S
Principal $325
Project Manager $285
Forecasting & Traffic Operations Senior Staff $255
Project Planner/Engineer $160
Graphics/GIS/CAD $175
Project Coordinator $105-145
W E S T Y O S T
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $125
Administrative I / II / III / IV $92 / $115 / $138 / $152 Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305 / $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176
ENGINEE
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
27 S A X E L B Y A C O U S T I C S
Principal Consultant $200/hr
Technical Staff $150/hr.
Administrative Staff $100/hr.
Sound Level Meter
Basic (daily)
Basic (weekly)
Advanced (daily)
Advanced (weekly)
Very Low Noise (daily)
Very Low Noise (weekly)
Sound Meter – Advanced Outdoor Setup
Very low noise, wind measurement, audio recording, solar panels, environmental protection shroud, etc.
$100/day
$400/week
$150/day
$600/week
$200/day
$800/week
$1,000/week
IIC Tapping Machine $500/day
$2000/week
Sound System for Acoustic Testing $200/day
$800/week
Vibration Sensor with Calibrator $200/day
$800/week
P E A K A S S O C I A T E S
Principal Investigator $150
Senior Archaeologist $140
Archaeological Technician $110
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DE NOVO PLANNING GROUP
Statement of Qualifications
28 E. Related Experience and References
The De Novo team has a wide range of experience providing planning services for clients throughout California. Below is a brief summary of a local and recent Specific Plan, as well as two General Plans in the regional vicinity.
City of Riverbank- River Walk Specific Plan and EIR
The De Novo team is currently working on the City of
Riverbank River Walk Specific Plan and EIR. The River Walk Specific Plan is designed as an attractive and distinctive community active adult 55+ mixed use project with an
emphasis on residential neighborhoods, with a variety of housing densities and products, supported by a community core that was designed with the intention of creating a public space to promote people’s health, happiness, and well-being. The Specific Plan and EIR have been prepared, but on hold for approximately one year. The project is still in the processing stage and is not yet completed.
Reference: Donna Kenney, Planning Manager. (209) 869-
7126 [email protected]
City of Lathrop- General Plan Update and EIR
The De Novo team recently completed a comprehensive
update to the Lathrop General Plan and EIR. The work effort began with an extensive public outreach and visioning process and preparation of a detailed Existing Conditions Report.
Other key tasks include the preparation of a Community Profile Magazine, Outreach Summary Report, Community Vision
Statement, and workshops dedicated to the topic of
Environmental Justice. The General Plan was successfully adopted and the EIR was certified in September 2022.
Reference: Mark Meissner, CDD. (209) 941-7266 [email protected] City of Milpitas - General Plan Update and EIR
The De Novo team completed a comprehensive update to the Milpitas General Plan and EIR in 2021. The work effort included extensive coordination with the City’s General Plan Advisory Committee (GPAC), several working sessions with the City Council, and a comprehensive and robust community
engagement program that offered numerous opportunities for virtual and in-person participation. The updated General Plan includes several new optional elements to address topics of local importance, including Community Health and Wellness, Parks and Recreation, Community Design, Conservation and Sustainability, and Utilities and Services. The General Plan was successfully adopted and the EIR was certified in March 2021. Reference: Ned Thomas, AICP, Planning Director. (408) 586-3273 [email protected] #5..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
29 F. Samples of Work
City of Riverbank, River Walk Specific Plan
This project is not currently public, but may be able to be released to the City as a reference check by authorization of the City of Riverbank.
City of Lathrop General Plan
https://www.ci.lathrop.ca.us/planning/page/lathrop-general-plan City of Milpitas General Plan
https://milpitas.generalplan.org/
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: April 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project CONTACT: Toby Wells, Director of Engineering Services / City Engineer [email protected], 209-571-5542
DESCRIPTION:
Consider approving a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,289,933. (Funding Source: Streets Capital Facility Fees) STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient, and Reliable Infrastructure.
BACKGROUND:
The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project (Project) is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network.
On June 25, 2019, by Resolution No. 2019-295, the City Council approved an Agreement with WSP USA Inc. for Construction Management Services in the amount of $8,973,533, plus $897,353 in additional services, for a total amount of $9,870,886.
On September 28, 2021, by Resolution 2021-372, the City Council approved the First Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $1,721,080, plus $172,108 in additional services, for a total amount of $1,893,188.
On August 23, 2022, by Resolution 2022-348, the City Council approved the Second Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $621,745, plus $62,175 in additional services, for a total amount of $683,920. #6..
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City Council, April 23, 2024
Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project
On February 14, 2023, by Resolution 2023-52, the City Council approved the Third Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $629,311, plus $62,931 in additional services, for a total amount of $692,242, for a total amount of $13,140,236.
DISCUSSION:
The primary construction work for the project has been deemed complete as of December 29, 2023. Although construction is complete the project closeout process has now just begun. In addition, the construction contract includes a plant establish period of three years which began in May of 2022. Caltrans required the extended period of plant establishment for the landscaping improvements on the shoulders of the new Expressway to ensure the newly installed plant material was mature prior to Caltrans assuming permanent maintenance responsibility. Therefore, ongoing plant establishment and maintenance will be required until June 2025.
The Engineering Services Department, as well as other City Departments, have struggled to fill vacancies in the engineering field. As a result, staff must rely on consultants to assist in the workload.
On March 20, 2024, WSP submitted a Fourth Amendment Request to the Construction Management Services Agreement in the amount of $149,697. To ensure continuous operations with the existing agreement, Section 3.1 has been revised to reflect continuity between the Third and this proposed Fourth Amendment. Staff recommends approving the Fourth Amendment to the Agreement with WSP USA Inc. to complete the scope of Construction Management Services for the Project.
FISCAL IMPACT:
The Project is supported by a complex matrix of funding sources; each having a variety of requirements and constraints. The Construction Management Service Agreement with WSP is funded through Regional Measure L Funds, which allows up to $9,870,886 in reimbursement.
This Fourth Amendment increases the agreement amount by $149,671, for a new total not to exceed amount of $13,518,752 and will be funded with Streets Capital Facility Fees (CFF).
There are sufficient funds in the Streets CFF to support the amendment. Staff has reviewed other funding sources for the amendment; however, they are restricted to the construction contract for the project.
WSP CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
Original Agreement, 6/25/2019 $8,973,533
First Additional Services Request $125,803
Second Additional Services Request $771,550
Contract w/Additional Services (Measure L) $9,870,886
First Amendment, 9/28/2021 $1,721,080
Additional Services $172,108
Amendment w/Additional Services (CFF) $1,893,188
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City Council, April 23, 2024
Fourth Amendment to Construction Management Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project
Second Amendment, 8/23/2022 $621,745
Additional Services $62,175
Amendment w/Additional Services (CFF) $683,920
Third Amendment, 2/14/2023 $629,311
Additional Services, If Needed $62,931
Amendment w/Additional Services (CFF) $692,242
Proposed Fourth Amendment (CFF) $149,697
REVISED TOTAL AGREEMENT NOT TO EXCEED: $13,289,933
COMMITTEE RECOMMENDATION:
This project was presented to the Economic Development Committee on April 8, 2024 and was recommended for forwarding to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933, and authorizing the City Manager, or his designee to execute the Fourth Amendment.
Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. WSP Fourth Amendment to Agreement for Construction Management Services
3. WSP Exhibits “C-4” and “D-4”
4. WSP Original Agreement for Construction Management Services
5. WSP First Amendment to Agreement for Construction Management Services
6. WSP Second Amendment to Agreement for Construction Management Services
7. WSP Third Amendment to Agreement for Construction Management Services #6..
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04/23/2024/ESD/TWells/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE
CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH WSP USA INC. FOR THE STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT, INCREASING THE AGREEMENT AMOUNT BY $149,697 FROM $13,140,236 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $13,289,933, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE
THE FOURTH AMENDMENT
WHEREAS, the purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project (Project) is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network; and
WHEREAS, on June 25, 2019, by Resolution No. 2019-295, City Council approved an Agreement with WSP USA Inc. for Construction Management Services in the amount of $8,973,533, plus $897,353 in additional services, for a total amount of $9,870,886; and
WHEREAS, on September 28, 2021, by Resolution 2021-372, City Council approved the First Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $1,721,080, plus $172,108 in additional services, for a total amount of $1,893,188; and
WHEREAS, on August 23, 2022, by Resolution 2022-348, City Council approved the Second Amendment to the Agreement with WSP USA Inc. for Construction Management Services in the amount of $621,745, plus $62,175 in additional services, for a total amount of $683,920; and
WHEREAS, on February 14, 2023, by Resolution 2023-52, City Council approved the Third Amendment to the Agreement with WSP USA Inc. for Construction #6..
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04/23/2024/ESD/TWells/Item XX 2 2024-XX
Management Services in the amount of $629,311, plus $62,931 in additional services, for a total amount of $692,242, for a total amount of $13,140,236: and WHEREAS, the primary construction work for the project was deemed complete as of December 29, 2023; and
WHEREAS, the project closeout process has just begun and ongoing plant establishment and maintenance will be required until June 2025; and WHEREAS, on March 20, 2024, WSP submitted a Fourth Amendment Request to the Construction Management Services Agreement in the amount of $149,697; and WHEREAS, Staff recommends approving the Fourth Amendment to the Agreement with WSP USA Inc. to complete the scope of Construction Management Services for the Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the Fourth Amendment in a form approved by the City Attorney. #6..
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04/23/2024/ESD/TWells/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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-1- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project
FOURTH AMENDMENT TO AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.
This Fourth Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about September 28, 2021, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,721,080, and attaching corresponding Exhibit “C-1 – Revised Project Schedule” and “Exhibit D-1 – Revised Fee Schedule”.
C. On or about August 23, 2022, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $621,745, and attaching corresponding Exhibit “C-2 – Revised Project Schedule” and “Exhibit D-2 – Revised Fee Schedule”.
D. On or about February 14, 2023, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the #6..
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-2- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project compensation amount by $629,311, and attaching corresponding Exhibit “C-3 – Revised Project Schedule” and “Exhibit D-3 – Revised Fee Schedule”.
D. On or about March 20, 2024, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services to increase the amount of the Original Agreement, as amended, by an additional $149,697. The budget augmentation is attached hereto as Exhibit “C-4 – Revised Project Schedule” and the further revised fee schedule is attached hereto as Exhibit “D-4 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fourth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this Fourth Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit C-2 – Revised Project Schedule
f. Exhibit C-3 – Revised Project Schedule
g. Exhibit C-4 – Revised Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
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-3- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City.
Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), Exhibit “D-1 – Revised Fee Schedule”, Exhibit “D-2 – Revised Fee Schedule”, and “D-3 – Revised Fee Schedule”, attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-4 – Revised Fee Schedule”.
Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3” or “D-4” of this Agreement. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work.
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-4- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal and Revised Cost
Proposal, unless additional reimbursement is provided for by Agreement amendment. In no event, will Consultant be
reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.
In the event, that City determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by the City shall be adjusted by Agreement amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by Agreement amendment.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement.
Consultant agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.
C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,145,274.40. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the #6..
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-5- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this Agreement number and
project title. Final invoice must contain the final cost and all credits due the City including any equipment purchased. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:
City of Modesto
Toby Wells, Engineering Services Director/City Engineer P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed THIRTEEN MILLION, TWO
HUNDRED EIGHTY-NINE THOUSAND, NINE
HUNDRED THIRTY-THREE AND 00/100 DOLLARS
($13,289,933.00).
J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.
K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect. #6..
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-6- City of Modesto
WSP USA Inc. Fourth Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Fourth Amendment to Agreement for Construction Management Services by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________, adopted by the Council of the City of Modesto on the ______ day of _________________, 2024, and Consultant has caused this Fourth Amendment to Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
Approved 3/21/2024 AM
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EXHIBIT C-4
REVISED PROJECT SCHEDULE (AMENDMENT NO. 4)
AMENDMENT NO. 3 REVISED
Select Construction Management Consultant NOVEMBER 2018 COMPLETED CITY Approval JUNE 2019 COMPLETED
RTL JUNE 2019 COMPLETED
Advertise Project for Construction JULY 2019 COMPLETED
Award Construction Contract SEPTEMBER 2019 COMPLETED
Start Construction OCTOBER 2019 COMPLETED
Complete Construction-Civil MARCH 2023 COMPLETED
COMPLETE CCO WORK-MID Access Road, Carpenter
Road Realignment & Kansas Avenue HMA Overlay MARCH 2023 COMPLETED COMPLETE PROJECT CLOSEOUT JUNE 2023 JUNE 2025
WSP COMPLETE PLANT ESTABLISHMENT JUNE 2025 JUNE 2025
REVISED PROJECT SCHEDULE (Amendment No. 4)
SR132 WEST FREEWAY/EXPRESSWAY-PHASE 1 PROJECT
TASKS
Completion Date
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Basis For Estimate
1)
2)
3) Annual labor escalations of 2.9% to be effective in January are included 4)
5)
REVISED FEE SCHEDULE
(COST ESTIMATE)
Wednesday, March 20, 2024
To:
WSP USA INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES
From:
FOR
STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT
CITY OF MODESTO
EXHIBIT D-4
DIR Determination NC-63-3-9-2018-2.
Staff performing inspection services are subject to DIR regulations including prevailing wage rates, fringes, shift differentials and overtime premiums. Bill rates will be adjusted to comply.
Justification for requesting an extension to provide Construction Management Services: City Requested Changes/Modifications extending Project Closeout completing by June 30, 2025 and providing Plant Establishment Administration through June 2025.
This Estimate extends Construction Management Services June of 2025 per the Revised Staffing Schedule.
AMENDMENT NO. 4
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
TASK 1 - PRECONSTRUCTION COMPLETE
WSP BURDENED LABOR COSTS
LABOR $ -
SUBTOTAL $ -
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ -
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ -
EXPENSES: $ -
SUBTOTAL $ -
TOTAL PHASE 1 $ -
TASK 2 - CONSTRUCTION/POST-CONSTRUCTION
WSP BURDENED LABOR COSTS
LABOR $ 170,302
OVERTIME
(Estimated at 10% of Inspection Hours) $ -
SECOND SHIFT PREMIUM $ -
(Estimated at 15% of Inspection Hours)
SUBTOTAL $ 170,302
SUBCONSULTANT(S):
Materials Testing Kleinfelder, Inc. $ -
Public Information AIM Consulting, Inc. (DBE) $ -
Document Control VSCE, Inc. (DBE) $ 5,855
QA Survey Transamerican Engineers & Associates, Inc. (DBE) $ - Environmental LSA Associates, Inc. $ -
Paleontological Services Cogstone Resource Management (DBE) $ - SUBTOTAL $ 5,855
EXPENSES: $ 7,460
SUBTOTAL $ 7,460
$ 183,616
$ 33,920
$ 149,697
COST TO COMPLETE BASED ON REVISED STAFFING SCHEDULE
Amendment No. 4 Requested Amount
TOTAL Cost to Complete PHASE 2
Amendement No. 3 Remaining Budget As of March 1 2024
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Revised Staffing Schedule: Amendment No. 4
YEAR: 2024 2025
PLANT
ESTABLISHMENT
YEAR 2
PLANT
ESTABLISHMENT
YEAR 3
MONTH: M A M J A-D J-D
POSITION NAME FIRM 15 16
Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSD WSP 4 4 4 2 12 10 36 Resident Engineer Rick Deml, PE, QSD WSP 80 80 80 80 64 48 432 Closeout RE John Adams, PE, QSD WSP
Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP Office Engineer -WSP Office Engineer -WSP WSP 24 24 24 24 96 Office Engineer Juan Becerra VSCE 16 16 16 16 64
Project Accountant Marianne Beltram WSP-GSO 2 2 2 2 6 6 20 Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 Brian Harrington WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP 128 96 224 Overtime Hours
Roadway Inspector Grp 2 Josh Byrum WSP
Roadway Inspector Grp 2 Khalid Vospaul WSP
Structures Inspector Grp 2 TBD WSP
Utility Inspector Grp 2 Dave McCullough WSP
Electrical-Roadway Inspector Grp 2 Roy Robbert WSP
Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP
WSP
Rain Days Not Included
Staff performing inspection services are subject to prevailing wage rates 872 TOTAL
HOURS
2024
TASK 2 POST
CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Manager/Project Controls Eng. Scott Frenette, JD, CCM, QSDWSP 26 220.43 $5,731.18 10 226.82 $2,268.20 36 $7,999 Resident Engineer Rick Deml, PE, QSD WSP 384 251.67 $96,641.28 48 258.97 $12,430.56 432 $109,072 Closeout RE John Adams, PE, QSD WSP 0 208.42 $0.00 0 214.46 $0.00 0 $0 Structure Representative/ARE/SMR Bill Howe, PE, QSD WSP 0 223.71 $0.00 0 230.20 $0.00 0 $0 Office Engineer Office Engineer -WSP WSP 96 99.25 $9,528.00 0 102.13 $0.00 96 $9,528 Office Engineer Juan Becerra VSCE 64 91.48 $5,854.72 0 94.13 $0.00 64 $5,855 Roadway Inspector Grp 2 Marianne Beltram WSP-GSO 14 124.04 $1,736.56 6 127.64 $765.84 20 $2,502 Roadway Inspector Grp 2 Josh Byrum WSP 0 178.26 $0.00 0 183.43 $0.00 0 $0 Structures Inspector Grp 2 Khalid Vospaul WSP 0 170.08 $0.00 0 175.01 $0.00 0 $0 Utility Inspector Grp 2 TBD WSP 0 173.18 $0.00 0 178.20 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Dave McCullough WSP 0 181.37 $0.00 0 186.63 $0.00 0 $0 Landscape Inspector Grp 2 (As-Needed) Roy Robbert WSP 0 165.44 $0.00 0 170.24 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) Brice Ehoff WSP 128 181.67 $23,253.76 96 186.94 $17,946.24 224 $41,200 Staff performing inspection services are
subject to prevailing wage rates
RFP Date 10/15/18, 2018-02 Determination
712 $142,745.50 160 $33,410.84 872 176,156 $
REVISED STRAIGHT TIME LABOR COSTS (AMENDMENT NO. 4)
CONSTRUCTION
Jan 1, 2024- Dec 31, 2024 Jan 1, 2025- Dec 31, 2025
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Roadway Inspector Grp 2 Josh Byrum WSP 0 199.55 $0.00 0 205.34 $0.00 0 $0 Roadway Inspector Grp 2 Khalid Vospaul WSP 0 190.38 $0.00 0 195.90 $0.00 0 $0 Structures Inspector Grp 2 TBD WSP 0 193.86 $0.00 0 199.48 $0.00 0 $0 Utility Inspector Grp 2 Dave McCullough WSP 0 203.02 $0.00 0 208.91 $0.00 0 $0 Electrical-Roadway Inspector Grp 2 Roy Robbert WSP 0 185.19 $0.00 0 190.56 $0.00 0 $0 Landscape Inspector Grp 2 (As-Needed) Brice Ehoff WSP 0 203.35 $0.00 0 209.25 $0.00 0 $0 Peak Roadway Inspector Grp 2 (As-Needed) TBD WSP 0 197.16 $0.00 0 202.88 $0.00 0 $0 0 $ - 0 $0.00 0 -$
REVISED OVER TIME LABOR COSTS (AMENDMENT NO. 4)
Jan 1, 2021- Dec 31, 2021 Jan 1, 2022- Dec 31, 2022
CONSTRUCTION
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CITY OF MODESTO SR-132 FREEWAY/EXPRESSWAY
WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
TOTAL ($) THIS
ESTIMATE
A) OFFICE
B) OFFICE SUPPLIES
Initial Supply Allowance 0 2,000 $ - Billed at Cost
Office Supplies Months 1 300 300.00 $ Monthly Lump Sum
Shipping Months 0 100 $ - Monthly Lump Sum
$ 300.00
C) OTHER DIRECT EXPENSES Allowance 0 5,000 $ - $ - Billed at Cost
D) VEHICLES, VEHICLE O&M
Scott Frenette, JD, CCM, QSD WSP Monthly 0 600.00 $ -
Rick Deml, PE, QSD WSP Monthly 1 1,000.00 1,000.00 $
John Adams, PE, QSD WSP Monthly 0 1,000.00 $ -
Bill Howe, PE, QSD WSP Monthly 0 600.00 $ -
Office Engineer -WSP WSP Monthly 0 1,000.00 $ -
Josh Byrum WSP Monthly 0 1,000.00 $ -
Khalid Vospaul WSP Monthly 0 1,000.00 $ -
TBD WSP Monthly 0 1,000.00 $ -
Dave McCullough WSP Monthly 0 1,000.00 $ -
Roy Robbert WSP Monthly 0 1,000.00 $ -
Brice Ehoff WSP Monthly 6 1,000.00 6,000.00 $ $ 7,000.00
E) COMPUTER/IT/SERVICE, SURVEY EQUIPMENT, FIELD EQUIPMENT, SAFETY EQUIPMENT Computers/IT/Printers/Service Monthly 1 160.00 160.00 $ Billed at Cost Survey Monthly 0 400.00 $ - Billed at Cost
$ 160.00
Field Costs $ 160.00
TOTAL EXPENSES $ 7,460.00
REVISED EXPENSES
Per contract documents field office will be provided by the contractor.
Note: Rate based upon $1,000 per month for each vehicle employed on the project Full Time. Vehicles not employed Full Time on the project will be prorated. For purposes of the prorating less than Full Time vehicle rates, one (1) month equals 20 shifts or 1 Full Time Equivalent (FTE). The rate for vehicles not employed on the project Full Time will be $50 for each shift employed on the project for an amount not to exceed $1,000 per month. Vehicles employed Full Time on the project will not be prorated. #6..
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-1- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project
FIRST AMENDMENT TO AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This First Amendment to Agreement for Construction Management Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and WSP USA INC., a New York corporation (“Consultant”), entered into by the parties on the 25th day of June, 2019, hereinafter referred to as “Original Agreement”.
This First Amendment to the Original Agreement for Construction Management Services is made with regard to the following recitals:
A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $9,870,886, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.
B. On or about August 4, 2021, at the City’s request, Consultant submitted to City a budget augmentation for additional construction management services in excess of the $9,870,886 authorized in the Original Agreement, attached to the Original Agreement and referred to therein as Exhibit “A”.
C. The aforementioned additional construction management services increase the amount of the Original Agreement by $1,721,080.
D. The Original Agreement states that the Agreement shall end on December 31, 2021, unless extended by agreement of the parties. Since Consultant’s work under this contract will extend beyond the December 31, 2021 end date, the parties desire to extend that end date to completion of construction contract closeout with Caltrans or December 31, 2025.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-2- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Construction Management Services and this First Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit B – Insurance Requirements
c. Exhibit C – Project Schedule
d. Exhibit C-1 – Revised Project Schedule
e. Exhibit D – Fee Schedule
f. Exhibit D-1 – Revised Fee Schedule
2. City’s Request for Proposal
3. Consultant’s Response”
3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-3- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1 – Revised Fee Schedule”.
Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D” and Exhibit “D-1,” including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.
A. The method of payment for this contract will be based on actual cost plus fixed fee, unless otherwise indicated on Exhibit “D” or “D-1” of this Agreement. City will
reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work.
Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’sCost
Proposal and Revised Cost Proposal, unless additional
reimbursement is provided for by Agreement
amendment. In no event, will Consultant be reimbursed
for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal and Revised Cost Proposal.
In the event, that City determines that a change to the work from that specified in the Cost Proposal and
Agreement is required, the Agreement time or actual
costs reimbursable by the City shall be adjusted by
Agreement amendment to accommodate the changed
work. The maximum total cost as specified in Paragraph
“I” of this Article shall not be exceeded, unless
authorized by Agreementamendment.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific
Agreement. Consultant agreement to the extension of the 1-year applicable period shall not be a condition or
qualification to be considered for the work or Agreement award.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-4- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $1,016,944.68. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal and Revised Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal and Revised Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will beincluded in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A, Article 3 Statement of Work, the City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to
California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is
billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and Revised Cost Proposal and shall reference this
Agreement number and project title. Final invoice must
contain the final cost and all credits due the City including any equipment purchased. The final invoice should be
submitted within sixty (60) calendar days after completion of Consultant’s work. Invoices shall be mailed to the City’s Contract Administrator at the following address:
Mr. John Rawles
c/o Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
I. The total amount payable by the City of Modesto including the fixed fee shall not exceed ELEVEN MILLION, FIVE
HUNDRED NINETY-ONE THOUSAND, NINE
HUNDRED SIXTY-SIX and 00/100 DOLLARS
($11,591,966.00).
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-5- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and Revised Cost Proposal and is approved by the City’s Contract Administrator.
K. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
3.3 Additional Services: Consultant shall not receive compensation for any services provided outside the scope of services specified in Exhibit “A” unless the City Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ONE HUNDRED SEVENTYTWO THOUSAND, ONE HUNDRED EIGHT AND 00/100 DOLLARS ($172,108.00).
In the event that additional costs are deemed necessary, Consultant shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of said work. City Manager shall provide a response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be negotiated as indicated elsewhere within this agreement. In that event, the new total compensation shall not exceed ELEVEN MILLION, SEVEN
HUNDRED SIXTY-FOUR THOUSAND, SEVENTY-FOUR
AND 00/100 DOLLARS ($11,764,074.00).
If additional services in excess of this amount are deemed necessary, a second amendment to the Original Agreement will be required and must be approved by the City Council prior to commencing the work.
4. The end date in the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-6- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project “This Agreement shall be extended to completion of construction contract closeout with Caltrans or December 31, 2025, unless extended by agreement of both parties.”
5. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect.
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 #6..
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-7- City of Modesto
WSP USA Inc. First Amendment State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Construction Management Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021-________, adopted by the Council of the City of Modesto on the 28th day of September, 2021, and Consultant has caused this First Amendment to Agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14 372
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 678C3681-BA8C-4E73-8501-84D729806C14
WSP USA, INC
Hillary Jassey
11-1531569
Secretary
Bart Littell Vice President
10/18/2021
#6..
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August 4, 2021
John Rawles, P.E./Project Manager
City of Modesto
P.O. Box 642
Modesto, CA 95353
RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1 Dear Mr. Rawles,
The purpose of this letter is to request an Amendment to the existing State Route 132 West Freeway/Expressway Phase 1 Project Construction Management Services Agreement between the City of Modesto and WSP USA INC. executed on June 25, 2019.
The original WSP contract (Agreement) was procured approximately 6-months prior to start of project construction. At that time staff was unsure if there would be enough funding to complete the entire construction project as originally contemplated. To ensure financial support of the construction project, a bid alternate strategy was developed. This bid alternate work was to support construction of an Intelligent Transportation System (ITS) requested by Caltrans and to support a fully developed landscape plan as originally intended. The result of this added work was to extend the construction completion date from October 2021 to June 2022 and provide for 3-year Plant Establishment Period.
The WSP Agreement was tendered to support the base bid contract excluding the added alternatives and Plant Establishment Period. When the construction contract bids were received, the City was able to fund the project as originally intended. The inclusion of the bid alternates added approximately 6-months to the base bid construction schedule in addition to a 3-year Plant Establishment Period. This extension of the project schedule carried with it the need to extend the WSP Agreement to perform the Scope of Services for an additional extended term.
The Scope of Services for purposes of this Amendment (Amendment No. 1) remains unchanged from that which was provided in the Agreement. This Amendment extends WSP’s obligations to perform the Scope of Services listed in Exhibit “A” of the Agreement for the term of the Amendment.
Please extend the agreement duration noted on page 1 of the Construction Management Services Agreement, which indicates this Agreement shall end on December 31, 2021, unless extended by agreement of the parties. It is suggested the Agreement be extended to completion of construction contract closeout with Caltrans or December 31, 2025. #6..
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RE: State Route 132 West Freeway/ Expressway-Phase 1 Project, Amendment No. 1