Item 11.2– CC/LRA 06/25/2024
RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION11: NEW BUSINESS
Meeting Date: June 25, 2024
Subject: Resolution Approving a Memorandum of Agreement with Stanislaus Equity Partners, Inc. for Permanent Local Housing Allocation Program Funds for The Bridge Covenant Village Development
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider a Resolution which would approve a Memorandum of Agreement with Stanislaus Equity Partners, Inc. for $250,000 in funding from the Permanent Local Housing Allocation Program for the development of The Bridge Covenant Village.
SUMMARY
At the July 16, 2020 the City Council adopted Resolution 2020-060 which established the original PLHA Allocation Plan. The plan was subsequently amended in December 2021 for the Ward Villas (River Terrace) Project. Due to the recent approval of the repayment of PLHA funds by the Ward Villas (River Terrace) Project, staff is requesting that the available funds be reallocated to The Bridge Covenant Church Village Development.
BACKGROUND
Chapter 364, Statutes of 2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it established a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 varies from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (HCD) to use 70 percent of the revenue collected, which began in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is referred to as the Permanent Local Housing Allocation (PLHA) program.
Item 11.2– CC/LRA 06/25/2024
In October 2019, the Department of Housing and Community Development (HCD) formally adopted the PLHA Final Guidelines which provides guidance on the use of the funds. Cities are entitled to these funds on an annual basis and must apply in order to receive these funds. A requirement of the receipt of the funds was the adoption of a PLHA Allocation Plan which sets forth the City’s desired activities that the funds may be used for. The City adopted its plan in July 2020 and subsequently amended the plan in December 2021 and is as follows:
Funding
Year 2021 Allocation Plan
%
Allocation
2019 Affordable Rental or
Housing Ownership
100%
2020 Affordable Rental or
Housing Ownership
100%
2021 Affordable Rental or
Housing Ownership
100%
2022 Transitional Housing 20%
Housing Rehab Program 20%
Housing Acquisition &
Rehab
60%
2023 Transitional Housing 20%
Housing Rehab Program 20%
Housing Acquisition &
Rehab
60%
As reflected in the Plan, the funding for years 2019-2021 are earmarked for affordable rental or housing ownership projects.
WARD VILLAS (RIVER TERRACE) PROJECT
In May 2020 local real estate broker Cary Pope had approached City staff with a proposal for an affordable housing project at the previously approved Ward Villas site. Mr. Pope was interested in developing the lots as affordable homes for sale. Mr. Pope submitted a formal request to the City asking for financial assistance, in the form of grants, that would allow him to keep the sales price low so that lower income residents could purchase these homes. The funds were to be used to offset the cost of the offsite development costs. In October 2020 the City Council approved the Memorandum of Understanding between the City and Ammo Plant Management Inc. for the allocation of three years of funding from PLHA and the remaining balance of Redevelopment funds from the LowModerate Income Housing Fund.
Item 11.2– CC/LRA 06/25/2024
Unfortunately, over the course of the past three years material costs skyrocketed, a lack of housing supply caused increased housing values, and the interest rate were at an alltime high at over 7% for a 30-year mortgage thus continuing to make homes unaffordable to our lower income residents. The initial MOU with Ammo Plant Management required that the homes be sold to residents at or below 80% AMI but due to the increase in housing values residents at that AMI level could not afford to purchase these homes. In February 2023, the City Council authorized the amendment to the MOU that would allow for the homes to be purchased by residents at or below 120% AMI as allowed by the PLHA grant. Despite the increase in allowable income, the developer was not able to make the program work and will be refunding $541,422.02 back to the City which is now available to use on other developments throughout the city.
THE BRIDGE COVENANT VILLAGE AFFORDABLE HOUSING PROJECT
On September 7, 2023 the Riverbank Planning Commission held a special meeting where they considered the Architecture and Site Plan Review 07-2023 for 2201 Morrill Road for the approval of a tiny home village of transitional housing behind The Bridge Covenant Church. The project consists of six (6) units of 400 sf housing with two bedrooms and one bathroom; one (1) unit of 600 sf housing with four bedrooms and one bathroom; and one (1) unit of 800 sf housing which will be ADA accessible with 4 bedrooms and two bathrooms. These homes would be constructed in sections off site and brought to the site to be assembled. There is common open space in the form of a community garden and playground as well as private open space within fencing at each house. The intent of the project is to create affordable housing to support vulnerable members of the community.
The project is currently underway with the on-site infrastructure being installed, including water, sewer, and storm work. Due to rising construction costs, the project is currently facing a shortfall in funding. In March 2024, Stanislaus Equity Partners reached out to the City requesting financial assistance in order to complete the project. As evidenced in the Funding Request herein attached as Exhibit A, the project developers are requesting $250,000 from the City’s Permanent Local Housing Allocation Funds (PLHA). After evaluating the project and based on the City Council’s adopted PLHA plan that would provide for the first three years of funding to be used towards Affordable Rental or Housing Ownership projects, we believe that this project is a good fit for the immediate use of the funds.
MEMORANDUM OF AGREEMENT
The major terms of the Agreement are as follows:
1. The City will commit $250,000 from the PLHA Program funds to assist with sitework, project management, administration, and operations.
2. Developers will commit to renting the homes to meet the needs of the individuals who are homeless or at risk of homelessness and at initial occupancy may earn up to 120% of Area Median Income as allowed by the PLHA program.
Item 11.2– CC/LRA 06/25/2024
3. The Developer agrees that at all times its acts regarding the Development and the use of funds provided herein shall be in conformity with all provisions of the PLHA Program.
4. As required by the PLHA Program, annual reports by the Developer must be submitted no later than July 15 of each calendar year. Annual Reports must contain the following:
a. Occupancy information includes, but is not limited to, the number of units occupied, the verified income of each current household, the current rents charged to each household and whether these rents include utilities, and b. General management performance, including tenant relations and other relevant information.
5. The City reserves the right to review and inspect the physical premises on an annual basis. The City will provide not less than 48 hours’ notice to the Developer and/or their designee of the proposed inspection.
6. Developer and its successor in interest agree to indemnify, defend, and hold harmless the City and its respective agents, employees, and officers from any and all claims, losses, liabilities, or causes of action (including reasonable attorney’s fees) arising from or in connection with Developer’s management, maintenance, or operation of the Development. Developer shall maintain occurrence version general liability insurance or an equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) for each occurrence.
STRATEGIC PLAN
Although not directly related to the City’s Strategic Plan, this development project does help to “Promote Sustainable Development” and “…Promote Job-Housing Balance”.
FINANCIAL IMPACT
The City will be receiving a $541,422.02 PLHA and former Redevelopment funds reimbursement from the River Terrace (formerly Ward Villas) Project that can be used towards this project.
ATTACHMENTS
1. Resolution
2. Memorandum of Agreement
3. Funding Request
CC/LRA – 06/25/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
RIVERBANK AND STANISLAUS EQUITY PARTNERS FOR PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM FUNDS FOR THE BRIDGE COVENANT
VILLAGE DEVELOPMENT
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City of Riverbank has a long history of encouraging affordable housing development within the City of Riverbank; and
WHEREAS, Council has considered new and innovative ways to encourage and facilitate affordable housing projects within Riverbank; and WHEREAS, On October 27, 2020 the City Council adopted Resolution 2020-080 which approved a Memorandum of Understanding between the City and Ammo Plant Management, Inc. for the development of the Ward Villas Project; and WHEREAS, the current housing market, increasing costs of materials and supplies, and the rising interest rates has caused this project to no longer be feasible as an affordable housing project and the developer requested the city consider accepting a reimbursement of the funds, and
WHEREAS, on September 12, 2023 the City Council adopted Resolution 2023- 103 which approved the reimbursement of Permanent Local Housing Allocation funds from the River Terrace (formerly Ward Villas) development which has left funds available to support affordable housing developments, and
WHEREAS, in March 2024, Stanislaus Equity Partners reached out to the City requesting $250,000 in financial assistance in order to complete their tiny home village, known as The Bridge Covenant Village, located at 2201 Morrill Road, and WHEREAS, this project will add eight (8) units of affordable rental housing for vulnerable populations, and
WHEREAS, the use of Permanent Local Housing Allocation Program funds is an appropriate funding source to assist in the completion of this project.
ATTACHMENT 1
CC/LRA – 06/25/2024
CC Resolution 2024-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve the Memorandum of Agreement between the City and Stanislaus Equity Partners authorizing $250,000 in Permanent Local Housing Allocation Program Funds for The Bridge Covenant Village Development.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25
th day of June, 2024; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment(s): Memorandum of Agreement
MOU Between Stanislaus Equity Partners
and the City of Riverbank
MEMORANDUM OF AGREEMENT
THE BRIDGE COVENANT VILLAGE AFFORDABLE HOUSING PROJECT
This Memorandum of Agreement (the “Agreement”) is made and entered into this _____ day of _________________, 2024, by and between Stanislaus Equity Partners, a non-profit 501(c)3 Community Development Corporation (the “Developer”); and the City of Riverbank (the “City”), a municipal corporation of the State of California.
PURPOSE - The purpose of the Agreement is to establish the terms of a cooperative understanding between the City and the Developer related to the development of an eight (8) unit Permanent Supportive Affordable Housing Project located at 2201 Morrill Ave. (APN 075-057-001) known as The Bridge Covenant Village (the “Development”). The City of Riverbank is providing incentives to this project to ensure that the development is rented as affordable to assist in diversifying the housing stock within Riverbank.
TERMS - The following outlines City and Developer responsibilities with regard to this Development:
1. The City will commit $250,000 from Permanent Local Housing Allocation (“PLHA”) Program funds to assist with Sitework, Project Management, Administration, and Operations needed to serve the Development.
At the City’s discretion, funds may be advanced pending approval of any Standard Agreements between the City of Riverbank and the State of California Department of Housing and Community Development.
2. In order to qualify for City assistance, the Developer shall commit to renting the homes to meet the needs of individuals who are homeless or at risk of homelessness and at initial occupancy earning up to 120 percent of Area Medan Income (AMI). If this criterion is not followed the City may revoke, and if required request repayment of, any of the assistance listed above.
RECORDING REQUESTED BY:
CITY OF RIVERBANK
WHEN RECORDED MAIL TO:
CITY OF RIVERBANK
ATT: CITY CLERK
6707 THIRD STREET
RIVERBANK, CA 95367
Recording Fee Exempt per Government Code § 6103
ATTACHMENT 2
MOU Between Stanislaus Equity Partners
and the City of Riverbank
3. The Developer agrees that at all times its acts regarding the Development and the use of funds provided herein shall be in conformity with all provisions of the PLHA Program.
4. As required by the PLHA Program, annual reports by the Developer must be submitted no later than July 15 of each calendar year. Annual Reports must contain the following:
a. Occupancy information includes, but is not limited to, the number of units occupied, the verified income of each current household, the current rents charged to each household and whether these rents include utilities.
b. General management performance, including tenant relations and other relevant information.
5. The City reserves the right to review and inspect the physical premises on an annual basis. The City will provide not less than 48 hours’ notice to the Developer and/or their designee of the proposed inspection.
6. Developer and its successor in interest agree to indemnify, defend, and hold harmless the City and its respective agents, employees, and officers from any and all claims, losses, liabilities, or causes of action (including reasonable attorney’s fees) arising from or in connection with Developer’s management, maintenance, or operation of the Development. Developer shall maintain occurrence version general liability insurance or an equivalent form with a limit of not less than Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) for each occurrence.
7. The City, in its sole discretion, may amend this Agreement if market conditions or funding availability changes in the future. The Agreement shall not be altered or amended except in writing, executed between or among all the parties.
8. If any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
9. This Agreement shall bind, and the benefits therefore shall inure to, the respective parties hereto, their legal representatives, executors, administrators, successors in the office of interest, and assigns, provided, however, that the Developer may not assign this Agreement or any of its obligations hereunder, voluntarily or by operation of law, without the prior written approval of the City.
10. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
11. Written notices and other written communications by and between the parties hereto shall be addressed as set forth below unless and until a party hereto has, in writing, communicated a different address to the other party hereto.
If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
MOU Between Stanislaus Equity Partners
and the City of Riverbank
With courtesy copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Manager
And to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.
If to Developer: Stanislaus Equity Partners, Inc.
1935 G. St
Modesto, CA 95354
Attention: Jessica Filbrun
12. The MOU may be signed under separate cover.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.
CITY
The City of Riverbank, a California municipal
corporation
By:
Marisela H. Garcia, City Manager
Date:
ATTEST:
By:
Gabriela Hernandez, City Clerk
(CC Resolution 2024-XXX)
APPROVED AS TO FORM:
By:
Tom Hallinan, City Attorney
DEVELOPER
Stanislaus Equity Partners, a non-profit 501(c)3
Community Development Corporation
By:
Jessica Filbrun, President | COO
Date:
ACKNOWLEDGEMENT
State of California County of _____________________________) On _________________________ before me, _________________________________________ (insert name and title of the officer)
personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
To: The City of Riverbank
Date: April 29, 2024
Re: FUNDING REQUEST
The Bridge Covenant Village
2201 Morrill Ave. Riverbank, CA
REQUEST: $250,000
PLHA Funds (Permanent Local Housing Allocation Program - HCD) To Whom It May Concern.
Thank you for your consideration to provide project funding for The Bridge Covenant Village.
The Village is an 8-unit, Permanent Supportive, aPordable housing project which will provide desperately needed housing within a safe community for low-income residents on the Bridge Covenant Church site on the corner of Morrill Ave. and Oakdale Rd.
The homes are a combination of 2- and 4-bedroom units with full kitchens and laundry. The Village will also provide outdoor spaces and a playground for the residents.
Residents will be selected through the Center For Human Services (CHS) client placement process. All residents will meet the target population criteria of Youth who are Homeless or At Risk of Homelessness. At initial occupancy, all residents will meet the required criteria of household income being 30% or less of the area median income (AMI) and considered extremely low income.
This project directly aligns with HCD’s PLHA funding outcomes to:
• Increase the supply of housing for households at or below 60% of area median income. • Facilitate housing affordability, particularly for lower- and moderate-income households. • Projects and programs to meet the local government’s unmet regional housing needs allocation.
Thank you for your support on this project within our community and for your consideration to provide the necessary funding to complete the Village and ensure its ongoing success.
Sincerely.
Kevin Smith
Director of Housing
Stanislaus Equity Partners, Inc
PROJECT DETAILS
Resident Requirements
• Youth at risk of homelessness
• Household income being 30% or less of AMI
Village
• 6 – 400sf 2 bedroom / 1 bath units
• 1 – 600sf 4 bedroom / 1 bath unit
• 1 – 800sf 4 bedroom / 1 bath ADA unit
Key Partners
• Stanislaus Equity Partners, Inc. (STEP) CDC – Owner and Project Oversight • Center for Human Services (CHS) – Wrap Around Resident Services Provider • Rehabilitation. Restoration. Respite. (R3) – Developer • Stanislaus County APordable Housing Corp. (StanCo) – Property Managers Estimated Completion Date
• Spring 2024 with occupancy dependent upon MID final connection.
Project Fund Sources
• Construction Funding: CalAIM - Health Net / Health Plan of San Joaquin - $1.5 million • Land Acquisition and Site Renovation Funds: STEP - $250,000 • Majority of Operational Funding provided through held vouchers.
ATTACHMENT 3
FUNDING REQUEST
$250,000
• Source: City of Riverbank – HCD PLHA Funding
• To: Stanislaus Equity Partners, Inc. (A California 501(c)(3) Community Development Corporation) • Purpose: Construction and management costs for the Bridge Covenant Village Project.
FUNDING SOURCES & USES
The Bridge Covenant Village
2201 Morrill Ave. Riverbank, CA
Source Amount Use
CalAIM $1,500,000 Developmen Costs
Design / Planning
Site work
Construction
Administration
STEP $250,000 Site Acquition
Purchase
Renovation of Existing Facility
$1,750,000
Funding Request
Project $250,000 Sitework
Project Management
Administration
Operations
Total $250,000
Item 11.3– CC/LRA 06/25/2024
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: June 25, 2024
Subject: Resolution Authorizing the (1) Award of a Contract to Condor Earth for Site Characterization Work Related to the Solar Project at the Waste Water Treatment Plant, (2) Execution of a Change Order with SitelogIQ for Additional Work Related to the Site Characterization, and (3) Appropriation of $104,000 from the Sewer Capital Improvement Fund (108) for the Condor Earth Contract and SitelogIQ Change Order
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider a resolution which authorizes the:
1) Award of a contract to Condor Earth for Site Characterization related to the solar project at the Waste Water Treatment Plant for $34,000, and 2) Execution of a Change Order with SitelogIQ for additional work related to the site characterization for $60,000, and
3) Appropriation $104,000 from the Sewer Capital Improvement Fund (108) for the contract and change order.
SUMMARY
The Waste Water Treatment Plant is located within San Joaquin County and requires approval for any work from that jurisdiction. The WWTP Solar Project proposes construction on a site that was formerly an old dump site/landfill and requires a site characterization plan to be completed and submitted for approval to the County. This item was unanticipated at the time that the scope of work with SitelogIQ was being developed and therefore is being brought forward now for consideration and funding.
BACKGROUND
A portion of the city’s Waste Water Treatment Plant sits atop of a former dump site/landfill.
In order for any work to proceed in that area, the San Joaquin County Department of
Item 11.3– CC/LRA 06/25/2024
Environmental Health requires that a Site Characterization be performed. This Site Characterization consists of:
1. Determining the approximate horizontal and vertical extents of the disposal site, and
2. Characterizing the content of the material that is located there to identify whether there is any contamination that may need to be remediated prior to initiating the project.
Once this information is gathered, it will help in determining whether it is safe to place the solar system on there and allow us to proceed with the project.
SitelogIQ issued a Request for Proposals from qualified geotechnical firms that are experienced in this type of work. They received the following proposals:
Firm Cost
Condor Earth $43,046
Shannon & Wilson $78,145
Geo-Engineering Solutions $86,650
Condor Earth is the lowest, responsible bidder and has performed similar work for the City of Oakdale.
STRATEGIC PLAN
This is directly related to the City Council’s Strategic Plan Goal to “Ensure the City’s Continued Financial Stability” which has as an objective to “Explore the use of renewable energy for City operations/vehicles”.
FINANCIAL IMPACT
The initial Waste Water Treatment Plant Solar Project is being funded by a loan obtained in 2022. As this item was unanticipated, an additional budget allocation from the Sewer Fund Capital Improvement Fund (108) is being requested.
ATTACHMENTS
1. Resolution 2024-
2. Condor Earth Proposal
CC/LRA – 06/25/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIVERBANK, CALIFORNIA
AUTHORIZING THE (1) AWARD OF A CONTRACT TO CONDOR EARTH FOR SITE
CHARACTERIZATION WORK RELATED TO THE SOLAR PROJECT AT THE WASTE WATER TREATMENT PLANT, (2) EXECUTION OF A CHANGE ORDER
WITH SITELOGIQ FOR ADDITONAL WORK RELATED TO THE SITE
CHARACTERIZATION, AND (3) APPROPRIATION OF $10,000 FROM THE SEWER CAPITAL IMPROVEMENT FUND (108) FOR THE CONDOR EARTH CONTRACT
AND SITELOGIQ CHANGE ORDER
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, the City desires to reduce energy consumption and operational expenses through the installation of energy conservation and energy generation technologies (“System”); and
WHEREAS, California Government Code Section 4217.10 et seq. authorizes Cities, Counties, and Special Districts to enter into agreements, contracts, and related documents with private sector entities for developing energy generation and conservation projects upon City’s finding that the anticipated costs for such services provided under this Agreement, together with any financing costs, will be less than the anticipated marginal energy costs to City; and
WHEREAS, at the February 8, 2022 meeting the City Council approved a Facility Solutions Master Agreement with SitelogIQ, Inc. to design, supply, and install solar systems at various sites in Riverbank including the Waste Water Treatment Plant; and WHEREAS, the Waste Water Treatment Plant is located on top of a former dump/landfill site; and
WHEREAS, the Waste Water Treatment Plant is located in San Joaquin County and therefore subject to regulations established by their jurisdiction and the County Department of Environmental Services is requiring the preparation of a Site Characterization Plan in order to determine the size of the dump/landfill and the type of waste located there; and
WHEREAS, SitelogIQ did not anticipate this work and therefore requires additional funding in order to proceed with the project; and
ATTACHMENT 1
CC/LRA – 06/25/2024
CC Resolution 2024-
WHEREAS, a request for proposals from qualified geo technical firms to perform this work was issued and Condor Earth was considered the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby authorize:
1. Award of a contract to Condor Earth in the amount of $34,000 for Site Characterization; and
2. Execution of a Change Order with SitelogIQ in the amount of $60,000 for additional work related to the site characterization, and
3. The appropriation of $104,000 from the Sewer Capital Improvements Fund (108) for the Condor Earth contract and SitelogIQ Change Order.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 25th day of June, 2024; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment(s): Condor Earth Proposal
Proposal and Scope of Work
SITE CHARACTERIZATION
THE RIVERBANK CITY DUMP
(SWIS NO. 39-CR-0029)
SAN JOAQUIN COUNTY, CALIFORNIA
Prepared for
SitelogIQ
1651 Response Road, Suite 300
Sacramento, CA 95815
CET # 9157
Revised May 9, 2024
INTRODUCTION
Condor Earth (Condor) will conduct site characterization soil sampling and analysis at the former Riverbank City Dump (Site) to 1) determine the approximate horizontal and vertical extents of the disposal site and 2) to characterize the content of the fill (as Resource Conservation and Recovery Act [RCRA] hazardous, California Hazardous, or non-hazardous waste). The scope of work proposed herein is based upon 1) the Site Characterization Work Plan for the Riverbank City Dump, (SWIS No. 39-CR-0029), San Joaquin County (Work Plan), dated July 2023 (Revised February 2024), prepared by SWT Engineering (SWT) of Ontario, California, and 2) a Teams meeting on Monday, April 29, 2024 between Condor, SitelogIQ, and SWT.
It is Condor’s understanding that the City of Riverbank can proceed with the field work under an existing grading permit and, therefore, a formal drilling permit is not required from the San Joaquin County Environmental Health Department (SJCEHD).
TASK 1: PROJECT COORDINATION AND PRELIMNARY ACTIVITIES
Condor will coordinate with drilling contractors, analytical laboratories, and the Client to schedule the investigation. Condor will prepare drilling permit applications for submittal to SJCEHD, along with the site characterization Work Plan prepared by SWT. Condor and/or the selected drilling contractor will mark the drilling locations with white paint and notify Underground Service Alert at least 72 hours in advance of the fieldwork to locate and identify underground utilities in and near the work area. Condor will also utilize an underground utility locating subcontractor for the Site to better define the locations of existing buried utilities.
This task also includes the anticipated cost of the drilling permit and work plan review fee required by SJCEHD. Additional fees potentially levied by SJCEHD will necessitate a change order.
TASK 2: FIELD EXPLORATION
Condor will advance twenty-two (22) borings to an estimated depth of approximately 15 feet below ground surface (bgs) in the vicinity of the planned solar structures to investigate the vertical and horizontal extents of waste fill at the Site. The borings will be advanced under the direction of a certified Professional Geologist by a licensed drilling contractor using a direct push drilling rig. Soil samples will be collected from each boring at 5, 10, and 15 feet bgs. The collected soil samples from each boring will be composited in the laboratory into one sample for analysis (3:1 composite samples). The laboratory will hold the soil samples in the laboratory for any additional analyses. A change order will be required for any additional laboratory analyses.
ATTACHMENT 2
Scope of Work – Site Characterization
The Riverbank City Dump, San Joaquin County, CA
In addition to the 22 borings to a depth of 15 feet, eight (8) borings will be advanced to a depth of approximately 4 feet bgs to verify the limits of waste to Jacob Myers Park. One soil sample will be collected from each of these shallow borings at a depth of 4 feet bgs and submitted to the laboratory for analyses.
Soil samples will be obtained pursuant to the Work Plan using appropriate decontamination procedures and sampling methods. Soil borings will be filled with cement grout pursuant to requirements outlined in the permits issued by SJCEHD. Drill cuttings will be placed into 55-gallon drums pending laboratory analyses.
If warranted, the drummed drill cuttings will be disposed of at an off-Site landfill. A change order will be required for any transportation and disposal costs for the soil cuttings.
TASK 3: LABORATORY TESTING
Collected soil samples, up to 22 3:1 composite samples and 8 discrete samples, will be analyzed for the following:
pH by EPA Method 9040
CAM 17 Metals by EPA Method 8015M
Total Petroleum Hydrocarbons (TPH), carbon chain by EPA Method 8015M Semi-volatile organic compounds (SVOCs) by EPA Method 8270 Polychlorinated Biphenyls (PCBs) by EPA Method 8082
Polynuclear Aromatic Hydrocarbons (PAHs) by EPA Method 8310 or 8270 SIM Contingency laboratory analytical costs (dioxins/furans, waste extraction tests, etc.) will necessitate a change order.
TASK 4: DATA DELIVERABLE
Condor will prepare an investigation summary report/memorandum, including a sample location map, laboratory analytical reports, and digital data provided by the analytical laboratory for submittal to SWT and SitelogIQ.
ESTIMATED COST
Condor will perform the work described herein (Tasks 1 through 4) for an estimated cost of $43,046 on a time-and-materials basis, not to be exceeded without prior Client authorization, and in accordance with Condor’s current Prevailing Wage Schedule of Fees. Condor has reduced our out-of-pocket expense fee from 15% to 7.5% on this project.
ESTIMATED SCHEDULE
Condor will work with the City of Riverbank, SitelogIQ, SWT, the drilling contractor, and SJCEHD to schedule the field work as soon as possible. The standard laboratory turnaround time is 10 business days.
The laboratory can accommodate an expedited turnaround time, if requested, with a surcharge added to the cost.
Scope of Work – Site Characterization
The Riverbank City Dump, San Joaquin County, CA
Please feel free to contact me ([email protected], 209-743-7443) if you have any questions regarding this proposed scope of work or budget estimate.
Respectfully,
CONDOR EARTH
John P. Lane, PG #6795
Environmental Services Manager
Attachments
Cost Estimate dated May 9, 2024
X:\Project\9000_prj\9157 Riverbank Landfill Characterization\Contracts_Proposals_CE\SOW 20240509 9157.docx CONDOR EARTH TECHNOLOGIES, INC.
COST ESTIMATE - SOIL SAMPLING WITH DIRECT PUSH DRILL RIG Condor Project No. 9157
Date: Revised May 9, 2024
Prepared by: John Lane
ITEM COST/ UNITUNIT TOTAL COST QA/QC/Markup SUBTOTALS
Task 1: Project Coordination and Preliminary Field Activities Client liaison, convert grid to Collector App for easy field location, prep site safety plan Senior Geologist (Project setup, etc.) $201.00 /hr 2 $402.00 Associate Geologist (Permits/mark locations) $162.00 /hr 6 $972.00 GIS Programmer/Analyst $162.00 /hr 2 $324.00
Permit Fee $972.00 /ea 0 $0.00 $0.00
Utility Locator (estimate) $1,500.00 /est 1 $1,500.00 $112.50 Mileage $0.67 /mi 50 $33.50
Vehicle $60.00 /day 0.5 $30.00 $2.25 $3,376
Task 2: Sample Collection
Senior Geologist $201.00 /hr 2 $402.00
Field Environmental Specialist (Load EQ/Travel) $147.00 /hr 6 $882.00 Field Environmental Specialist (Field Work) $147.00 /hr 30 $4,410.00 Soil Sampling Kit $30.00 /day 3 $90.00
Direct Push Rig (Confluence, 3 days) $11,652.00 /est 1 $11,652.00 $873.90 Mileage $0.67 /mi 150 $100.50
Vehicle $60.00 /day 3 $180.00 $18,590
Task 3: Laboratory Analyses (10-Day TAT)
Primary Suite* (22 3:1 composite and 8 discrete) $17,253.00 $1,293.98 $18,547 * pH (EPA 9040), CAM 17 Metals (EPA 6010/7471series), TPH-cc, (EPA 8015), SVOCs (EPA 8270C), PCBs (EPA 8082), PAHs (EPA 8310) Task 4: Evaluation and Reporting
Senior Geologist $201.00 /hr 4 $804.00
Associate Geologist/Specialist $162.00 /hr 8 $1,296.00
Drafting/Administrative Support $108.00 /hr 4 $432.00
$2,532
Total: $43,046
City of Riverbank - WWTP Solar Project
Riverbank, CA
Client: City of Riverbank
Mob/Demob equipment, travel to site, advance with direct push 22 borings to 15 feet, collect 3 samples per boring (66 total); 8 borings to 4 feet 1 sample each into acetate sleeves, transmit to laboratory.
X:\Project\9000_prj\9157 Riverbank Landfill Characterization\Contracts_Proposals_CE\Cost Estimates\CE 20240502 Riverbank Solar.rev1.xlsx X:\Office\Forms\Contracts\Fee Schedules\2024 PW Fee Professional Consulting v2.docx
CONDOR EARTH
PREVAILING WAGE SCHEDULE OF FEES
2024
STAFF MEMBER RATE PER HOUR ($)
PRINCIPALS/PROJECT MANAGEMENT
Senior Principal.................................................................................................................................................260.00 Principal Engineer/Geologist ............................................................................................................................233.00 Project Director.................................................................................................................................................221.00 Project/Senior Manager.....................................................................................................................................195.00
TECHNICAL
Senior Geotechnical Engineer...........................................................................................................................221.00 Certified Hydrogeologist/Engineering Geologist..............................................................................................211.00 Senior Geologist/Engineer/Environmental Specialist .......................................................................................201.00 Unmanned Aerial System (UAS) Specialist .....................................................................................................162.00 Resident Construction Inspector .......................................................................................................................177.00 Associate Geologist/Engineer/Environmental Specialist ..................................................................................162.00 Staff Geologist/Engineer/Environmental Specialist..........................................................................................147.00 Field Environmental Specialist (Group 2) ........................................................................................................147.00 Engineering Assistant .......................................................................................................................................119.00 Draftsperson......................................................................................................................................................108.00 MATERIALS TESTING*
Material Technician (Group 1)..........................................................................................................................167.00 Material Technician (Group 2)..........................................................................................................................162.00 Material Technician (Group 3)..........................................................................................................................157.00 Material Technician (Group 4)..........................................................................................................................152.00 MTSI Project/Laboratory Manager...................................................................................................................151.00 Senior Materials Technician (non-PW).............................................................................................................118.00
SUPPORT STAFF
Senior Project Administrator.............................................................................................................................141.00 Administrative Specialist ..................................................................................................................................113.00 Project Coordinator...........................................................................................................................................113.00 Technical Editor..................................................................................................................................................84.00 Administrative Assistant.....................................................................................................................................78.00
MISCELLANEOUS
Overtime (all Saturday work is overtime)............................................................................................(1.3 times rate) Double-time (all Sundays and Holidays) .............................................................................................(1.7 times rate) Shift Pay** (Night Shift) ............................................................................................................(1.3 – 1.7 times rate) Litigation Support .............................................................................................................................. 300.00 – 400.00
NON-LABOR CHARGES
Vehicle charge .......................................................................................................... $60 per day plus 67 cents per mile Laboratory Charges per Laboratory Fee Schedule. Billable Field Equipment per Billable Field Equipment Schedule. *A 2-hour minimum charge will be applied to all field services, and a 4-hour minimum will be applied for the cancellation of work within 24 hours of scheduled field work.
OUT-OF-POCKET EXPENSES
Billed at cost plus 15% and includes such items as travel expenses, equipment rental, laboratory fees, subcontractors, postage and freight, subcontracted printing or reproduction fees, supplies, etc.
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS GROUP CLASSIFICATIONS Group 1 Group 2 Group 3 Group 4
ASNT Level II-III
DSA Masonry
DSA Shotcrete
Lead Inspector
NICET Level IV
NDT Level Two
AWS-CWI
ICC Certified Structural Inspector
NICET Level III
Shear Wall/Floor System Inspector
Building/Construction Inspector
Geotechnical Driller
Soils/Asphalt
Earthwork Grading
Excavation and Backfill
NICET Level II
ACI
Drillers Helper
ICC Fireproofing
Proofload Testing
Torque Testing
NDT Level One
**Shift Pay: A night shift is a shift which commences after 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m.