City Council / Local Redevelopment Authority / Public Financing Authority
July 23, 2024

Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 5
AGEND
TUESDAY, JULY 23, 2024 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)

1. CALL TO ORDER

2. FLAG SALUTE

3. INVOCATION

4. ROLL CALL

5. AGENDA CHANGES

6. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

7. PRESENTATIONS (Informational only)
Item 7.1 Proclamation –National Health Center Week – August 4-10, 2024- It is recommended that the City Council read the Proclamation for National Health Center Week – August 4-10, 2024; and present to Golden Valley Health Centers.

Item 7.2 Certificate of Recognition – Riverbank High School Graduating Class of 1971-It is recommended that the City Council present a Certificate of Recognition to the Riverbank High School Graduating Class of 1971.

Item 7.3 Introduction – Beckie Robbins, Assistant Finance Director- Staff to introduce Beckie Robbins, the City’s new Assistant Finance Director.

8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.

Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.

IN PERSON COMMENTS- Please fill out a Comment Card & Return to the City Clerk

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers
6707 Third Street, Suite B
Riverbank, CA 95367

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Council/Authority Members
District 1 - Luis Uribe
District 2 - Rachel Hernandez
Vice Mayor, District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
City Council and LRA Board Meetings Agenda July 23, 2024 Next City Council Resolution: 2024-072 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 2 of 5

9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.

Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for June 25, 2024.

Item 9.3 Acceptance of the Crossroads Elementary School Raised Crosswalks Project and Authorization to File a Notice of Completion Item 9.4 Authorization for Out of State Travel Request to have Finance Staff Attend the Caselle Training in Provo, UT
Item 9.5 Resolution to Award and Authorize City Manager to Enter into Professional Service Agreement for Construction Management and Inspection Services with NV5, Inc. for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project.

10. PUBLIC HEARING
The Public Notice for item 10.1 was published on July 10th in the Riverbank Newspaper.

The Public Notice for item 10.2 was published on July 10th & July 17th in the Riverbank Newspaper.

Item 10.1 First Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations- It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance, waive further reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Riverbank amending Section 120.60 and 120.62 and adding Section 120.63 of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Code of Ordinances related to the appeal of administrative penalties for violations of cannabis regulations.

Item 10.2 Public Hearing for Proposed Solid Waste Rate Increase- It is recommended that the City Council consider adopting a resolution approving a 3.8% Consumer Price Index (CPI) increase in rates for solid waste disposal services pursuant to the executed franchise agreement with Gilton Solid Waste, Inc.

City Council and LRA Board Meetings Agenda July 23, 2024 Next City Council Resolution: 2024-072 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 3 of 5

11. NEW BUSINESS
Item 11.1 Designation of a Voting Delegate and Alternate(s) to Attend the 2024 League of California Cities Annual Conference- It is recommended that City Council designate a member of the Council as the Voting Delegate, plus one or two alternates. They will attend the 2024 League of California Cities Annual Conference and Expo, to be held in Long Beach on October 16-18, 2024, and will participate in the Annual Business Meeting for the consideration of resolutions that establish Cal Cities policy. The City Council is to ratify the designations by roll call vote.

12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made.

The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session
Item 13.1 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Bobbie Bowling, Kalina Bowling, and Daisy Bowling Agency Claimed Against: City of Riverbank
Item 13.2 LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimant: Foley, John
Agency Claimed Against: City of Riverbank

14. REPORT FROM CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1

LIABILITY CLAIMS
(Pursuant to Government Code §54961)
Claimants: Bobbie Bowling, Kalina Bowling, and Daisy Bowling Agency Claimed Against: City of Riverbank
Item 14.2 Report from Closed Session Item 13.2
(Pursuant to Government Code §54961)
Claimant: Foley, John
Agency Claimed Against: City of Riverbank
City Council and LRA Board Meetings Agenda July 23, 2024 Next City Council Resolution: 2024-072 Next Ordinance: 2024-003 Next Local Redevelopment Authority Board Resolution 2024-002 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 4 of 5

15. ADJOURNMENT
The August 13th Meeting is CANCELED.

The Next Regular City Council Meeting will be on: Tuesday, August 27, 2024

ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.

NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.

AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, South City Hall public exterior Bulletin, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.

Posted this 18th Day of July, 2024
/s/Gabriela Hernandez, CMC, City Clerk

PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – City of Riverbank
• Via ZOOM Platform (See instructions below)

SUBMITTING PUBLIC COMMENTS FOR THE RECORD

Written comments must be received before 4:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 pm, please call the City Clerk’s Office at (209) 863-7198 or the Administration Dept. at (209) 863-7122.

ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 5:00 PM DEADLINE ● Via Mail Service: Mail comments to City of Riverbank, Attn. City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.)
● Via Email: Mail to [email protected] (Note: This technology is not a guaranteed method.)
• Indicate Agenda Item # in the subject line. (Call 209-863-7198 /209-863-7122 to ensure receipt)
● Oral Comments In-Person: The Mayor will ask the public if anyone wishes to comment, at that time you may approach the podium.
● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) o Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.

Teleconference Phone Number (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call. Thank you

JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/81789575011 Join by accessing website: https://zoom.us/join , enter Webinar ID: 817 8957 5011 Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 817 8957 5011 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.

TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION

COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN

CONFORMANCE WITH THE BROWN ACT

Item 7.1 – CC/LRA – 07/23/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: July 23, 2024
Subject: Proclamation –National Health Center Week – August 4-10, 2024 From: Marisela H. Garcia, City Manager
Submitted by: Jessica Barragan, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council read the Proclamation for National Health Center Week – August 4-10, 2024; and present to Golden Valley Health Centers.

SUMMARY
Golden Valley Health Centers is a fully accredited FQHC (Federally Qualified Health Center) offering quality medical, dental, behavioral health, vision, urgent care and schoolbased health centers. They are able to provide these services because they are funded by federal monies, grants specifically for the care of low-income and homeless patients, insurance reimbursement for care, and donations. With this funding, they have 45 health centers in Merced, Stanislaus, and San Joaquin Counties, including four school-based health centers, two freestanding women’s health centers, twelve dental clinics, and two homeless healthcare programs.

Golden Valley Health Centers believes everyone should have access to affordable health care. For over 50 years, they have made this possible to communities across the Central Valley. Their mission is to improve the health of patients by providing quality, primary health care services regardless of language, financial or cultural barriers.

BACKGROUND
In September 1972, Golden Valley Health Centers began as a small Migrant Health Services program connected to Merced General Hospital. Since that time, Golden Valley Health Centers has expanded to meet community needs across Merced, Stanislaus, and San Joaquin counties. They are now serving nearly 150,000 patients each year through 45 clinical locations in the region. Early on it was clear that demand for primary care surpassed what the Center could provide out of the small clinic in Merced, and rapid expansion began. In 1998 they began a homeless healthcare program at the Modesto

Item 7.1 – CC/LRA – 07/23/2024
Inn to provide free medical services to Stanislaus County’s homeless population. Golden Valley Health Centers has prioritized Women’s Health and other specialty services have been adopted, such as optometry, podiatry, and behavioral health to improve an array of health outcomes for residents.

FINANCIAL IMPACT
There is no financial impact with the report.

ATTACHMENT

1. Proclamation
WHEREAS, for over 50 years, Community Health Centers have provided high-quality, affordable, comprehensive primary and preventive health care in our nation’s medically underserved communities, delivering value to, and having a significant impact on America’s health care system.

WHEREAS, Community Health Centers are a critical element of the health system, serving rural, suburban, frontier, and urban populations, and often providing the only accessible and dependable source of primary care in their communities. Nationwide, Community Health Centers serve one in every five residents of rural areas.

WHEREAS, every day, Community Health Centers develop new approaches to integrating a wide range of services beyond primary care, including oral health, vision, behavioral health, and pharmacy services, to meet the needs and challenges of their communities. Health centers have more than doubled their behavioral health workforce in the last decade to meet Americans’ growing need for behavioral health services.

WHEREAS, Health centers have more than doubled their behavioral health workforce in the last decade to meet Americans’ growing need for behavioral health services.

WHEREAS, Community Health Centers are governed by patientmajority boards, ensuring that patients are engaged in their own health care decisions.

WHEREAS, during National Health Center Week, we celebrate the legacy of America’s Community Health Centers, and their vital role in shaping the past, present, and future of America’s health care system.

NOW, THEREFORE, LET IT BE PROCLAIMED by the City Council of the City of Riverbank that August 4
th-10th 2024 is National Health Center Week
within the City of Riverbank. I encourage all Americans to take part in this week by visiting their local health center and celebrating the important partnership between America’s Community Health Centers and the communities they serve.
_____________________________
Richard D. O’Brien, Mayor
July 23, 2024
Riverbank City Council:

District 1 – Luis Uribe, District 2- Rachel Hernandez, District 4 – Darlene Barber-Martinez, District 3 – Vice Mayor Leanne Jones Cruz - Mayor Richard D. O’Brien

CITY OF RIVERBANK

PROCLAMATION
NATIONAL HEALTH CENTER WEEK 2024
ATTACHMENT 1

Item 7.2– CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.2
SECTION 7: PRESENTATIONS
Meeting Date: July 23, 2024
Subject: Certificate of Recognition – Riverbank High School Graduating Class of 1971
From: Marisela H. Garcia, City Manager
Submitted by: Jessica Campos, Administrative Assistant – Confidential

RECOMMENDATION
It is recommended that the City Council present a Certificate of Recognition to the Riverbank High School Graduating Class of 1971.

SUMMARY
The Riverbank High School Graduating Class of 1971 is turning 71 in 2024! This is Riverbank High School’s first graduating class that attended all the first 4 years with 94 seniors. The Class of 1971 wanted to recognize the graduates and their contributions to the community then & now. As well as recognizing the alumni that have since passed.

BACKGROUND
Class of 1971 was a small, but very memorable graduating class. The students participated in a range of sports from football to wrestling. The high school offered an array of clubs as well such as, choir, FFA, photo club, auto club, ski club, science club, and many more. Nevertheless, the Class of 1971 established a legacy of academic excellence and camaraderie.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENTS

1. Special Recognition Certificate
Special Recognition
Presented to the
Riverbank High School
Graduating Class of 1971
The City Council of the City of Riverbank hereby recognizes that the first graduating class of Riverbank High School established a legacy of academic excellence, leadership, and camaraderie.

We celebrate their historic achievements and the foundation they laid for future generations.

July 23, 2024
____________________________
Riverbank City Council
District 1 – Luis Uribe, District 2 – Rachel Hernandez, District 4 – Darlene Barber-Martinez, District 3 – Vice Mayor Leanne Jones Cruz, Mayor – Richard D. O’Brien
Richard D. O’Brien
Mayor
ATTACHMENT 1

Item 7.3– CC/LRA – 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 7.3
SECTION 7: PRESENTATIONS
Meeting Date: July 23, 2024
Subject: Introduction – Beckie Robbins, Assistant Finance Director From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Assistant City Manager/Administrative Services Director

RECOMMENDATION
Staff to introduce Beckie Robbins, the City’s new Assistant Finance Director.

SUMMARY
In May 2024 the previous Assistant Finance Director accepted a position with CSU Stanislaus. The City’s eligibility list for this position remained active and we were able to offer the position to Beckie Robbins who began her employment with us this month.

Beckie comes with a municipal government background having worked for the City of Escalon for almost 16 years. She started as an Account Clerk and was able to promote to the position of Accountant during her tenure in Escalon. Her background in government finance, experience in supervising front office staff overseeing utilities, payroll, and human resources, amongst other duties, makes her a great addition to our Finance Department and City of Riverbank Team. Welcome Beckie!

STRATEGIC PLAN
While not directly related to the City’s Strategic Plan, it is the City’s objective to attract high quality employees.

FINANCIAL IMPACT
There is no financial impact associated with this report.

ATTACHMENTS
None.

Item 9.1 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: July 23, 2024
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.

SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.

The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS
There are no attachments to this report.

Item 9.2 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: July 23, 2024
Subject: Approval of the City Council and Local Redevelopment Authority Board Minutes for June 25, 2024.

From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary

RECOMMENDATION
It is recommended that the City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of June 25, 2024.

SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meeting have been prepared for review and approval.

FINANCIAL IMPACT
There is no financial impact to this item.

ATTACHMENTS

1. June 25, 2024 City Council and Local Redevelopment Authority Board Minutes.

CC / LRA Minutes – 06/25/2024

MINUTES
TUESDAY, JUNE 25, 2024 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER) This meeting was held via teleconference
****AB 2449****
(IN PERSON AND REMOTE ATTENDANCE)
*** CONSISTENT WITH THE PROVISIONS OF AB 2449, MEMBERS OF THE CITY COUNCIL MAY PARTICIPATE REMOTELY DUE TO JUST CAUSE. ***

1. CALL TO ORDER - Mayor / Chair O’Brien called the meeting to order at 6:00P.M.

2. FLAG SALUTE – Councilmember Uribe led the pledge of allegiance.

3. INVOCATION – Reverend Randy Richardson provided the invocation.

4. ROLL CALL – City Clerk Hernandez conducted Roll Call.

Members of the City Council / Local Redevelopment Authority Board present:

Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair District 3 Leanne Jones Cruz (Via Teleconference) Mayor / Chair Richard D. O’Brien

5. AGENDA CHANGES
No Agenda Changes.

6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.

None Declared

7. PRESENTATIONS (Informational only)

CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Council/Authority Members:

District 1 -Luis Uribe
District 2- Rachel Hernandez
District 3- Leanne Jones Cruz
District 4 -Darlene Barber-Martinez

CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St
Suite B
Riverbank, CA 95367
ATTACHMENT 1

CC / LRA Minutes – 06/25/2024
Item 7.1 Proclamation-National Parks & Recreation Month- It is recommended that the City Council read and present the Proclamation for National Parks & Recreation Month to the City of Riverbank Parks & Recreation Department for their service to our community.

Mayor O’Brien read and presented the Proclamation for National Parks & Recreation Month to Director Patton and the Parks & Recreation department.

Item 7.2 Presentation- Parks & Recreation Department- It is recommended that the City Council receive a presentation from Michael Patton, Parks and Recreation Director.

Director of Parks & Recreation Patton gave a Power Point presentation on the vitality of the department to our community.

Item 7.3 Presentation – Illegal Fireworks – Presentation by Ed Ridenour, Chief of Police. It is recommended that the City Council receive a presentation from Chief Ridenour on illegal fireworks in preparation for the upcoming 4th of July Holiday.

Chief Ridenour gave a Power Point presentation on illegal fireworks and the consequences of the use and lighting of illegal fireworks during the upcoming 4 th of July
Holiday.

8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.

Mayor O’Brien Opened Public Comment at 6:28 P.M.

Karen Conrotto: Modesto resident opposed to the Riverwalk project.

Gary Pearson: Riverbank resident opposed to the Riverwalk project.

Lorri Faile: Riverbank Chamber of Commerce to invite all to come out and support ribbon cutting for GNC Saturday July 13th at 11:00am.

Jami Aggers: Modesto resident opposed to the Riverwalk project.

There being no further public comments, Mayor O’Brien closed the Public Comment period 6:37 P.M.

9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.

CC / LRA Minutes – 06/25/2024
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.

Item 9.2 Approval of the City Council and Local Redevelopment Authority Board Minutes for June 11, 2024.

Item 9.3 Acceptance of the Well #13 – Test Well Project and Authorization to File a Notice of Completion.

Item 9.4 Resolution 2024-066 to Reallocate $16,713.19 From the Park’s Rent & Leases Account to the Capital Expenditures Account to Acquire a New Dump Trailer.

There being no public comments, Mayor O’Brien brought the item back to City Council.

ACTION: By motion moved and seconded (Barber-Martinez / Uribe 5/0) to approve the consent calendar as presented.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz and Mayor O’Brien NAYS: None / ABSENT: None/ ABSTAINED: None

10. PUBLIC HEARING
Public Hearing Notice for Item 10.1 was published on 6/12 & 6/19 /2024 in the Riverbank News.

Public Hearing Notice for Items 10.2 & 10.3 was published on 6/12/2024 in the Riverbank News.

Item 10.1 Resolution to adopt the Revised Groundwater Sustainability PlanApprove Resolution Adopting a Revised Groundwater Sustainability Plan and Documenting the Commitment to Develop and Implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Sub basin. This draft can be found at https://www.strgba.org/.

Public Works Director Bridgewater gave a comprehensive staff report and Power Point Presentation on the Revised Groundwater Sustainability Plan and the Documenting the Commitment to Develop and Implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Sub basin.

City Council discussed the item with staff.

Mayor O’Brien Opened the Public Hearing at 6:48 P.M.

Evelyn Halbert, Riverbank resident, called in to seek clarification on cost and funding of this project?
Mayor O’Brien Closed the Public Hearing at 6:49 P.M.

CC / LRA Minutes – 06/25/2024
There being no further public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Jones Cruz / Uribe 5/0) to adopt Resolution 2024-067 to adopt the Revised Groundwater Sustainability Plan.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
LRA
Item 10.2 Review and Adoption of Proposed Fiscal Year 2024-25 Local Redevelopment Authority (LRA) Budget- It is recommended that the Local Redevelopment Authority (LRA) Board of Directors (Board) review and approve the Proposed Fiscal Year 2024-2025 LRA Budget.

LRA Director Bridgewater gave a comprehensive staff report and Power Point Presentation on the proposed Fiscal Year 2024-25 Local Redevelopment Authority (LRA) Budget).

LRA Board discussed the item with staff.

Chair O’Brien Opened the Public Hearing at 6:56 P.M.

Chair O’Brien Closed the Public Hearing at 6:56 P.M.

There being no public comments, Chair O’Brien brought the item back to the LRA Board.

ACTION: By motion moved and seconded (Jones Cruz / Barber-Martinez 5/0) to adopt LRA Resolution 2024-002 to adopt the proposed Fiscal Year 2024- 25 Local Redevelopment Authority (LRA) Budget.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, and Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.3 Fiscal Year 2024-2025 Annual Operating Budget- It is recommended that the City Council consider adopting a Resolution approving the Fiscal Year 2024-2025 Annual Operating Budget
Assistant City Manager Alcantor gave a comprehensive staff report and Power Point Presentation on the Fiscal Year 2024-2025 Annual Operating Budget.

City Council discussed the item with staff.

CC / LRA Minutes – 06/25/2024
Mayor O’Brien Opened the Public Hearing at 7:28 P.M.

Evelyn Halbert: Riverbank resident to seek clarification of Public Hearing Item 10.3 second part of the presentation not being on the agenda.

Pete DeMattos: Riverbank business owner in favor of the downtown up lighting project.

City Manager Garcia clarified, with regards to the comment about this not being an agenized item, this discussion is part of our budget discussion, which is why it's being discussed at this point in time. So, it is an agenized item. The city Council has the discretion at any time to be able to have discussions about budget, about projects. And since this was a global discussion about the upcoming fiscal year budget, we are presenting this item to be included in the fiscal year budget. It was also requested by the majority of the City Council at the last meeting to be included in today's discussion.

Therefore, it has been agendized.

Mayor O’Brien Closed the Public Hearing at 7:30 P.M.

There being no public comments, Mayor O’Brien brought the item back to the City Council.

ACTION: By motion moved and seconded (Uribe / Hernandez 5/0) to adopt Resolution 2024-068 approving the Fiscal Year 2024-2025 Annual Operating Budget with the inclusion of Option 3: 110 up lights and staff to seek grant funding for pole lighting.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, and Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

11. NEW BUSINESS
Item 11.1 Resolution Authorizing the Mayor to Execute a Law Enforcement Services Contract from July 2024 - June 2029 with Stanislaus CountyIt is recommended that the City Council authorize Mayor O’Brien to execute a Five-Year agreement with the Stanislaus County Sheriff’s Department for Law Enforcement services.

City Manager Garcia gave a comprehensive report and Power Point presentation on the Law Enforcement Contract with Stanislaus County Sherriff’s Department for July 2024 to June 2029.

City Council Discussed item with City Staff.

Mayor O’Brien opened public comment at 7:43 P.M.

Mayor O’Brien closed public comment at 7:43 P.M.

CC / LRA Minutes – 06/25/2024
There being no further public comment, Mayor O’Brien brought the item back to City Council.

ACTION: By motion moved and seconded (Uribe / Hernandez 5/0) to adopt Resolution 2024-069 Authorizing the Mayor to Execute a Law Enforcement Services Contract from July 2024- June 2029 with Stanislaus County.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.2 Resolution Approving a Memorandum of Agreement with Stanislaus Equity Partners, Inc. for Permanent Local Housing Allocation Program Funds for The Bridge Covenant Village Development- 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.

City Manager Garcia gave a comprehensive report and Power Point presentation on the Memorandum of Agreement with Stanislaus Equity Partners, Inc, for Permanent Local Housing Allocation Program Funds for the Bridge Covenant Village Development.

City Council Discussed item with City Staff.

Mayor O’Brien opened public comment at 7:51 P.M.

Mayor O’Brien closed public comment at 7:51P.M.

There being no further public comment, Mayor O’Brien brought the item back to City Council.

ACTION: By motion moved and seconded (Hernandez / Uribe 5/0) to adopt Resolution 2024-070 approving a Memorandum of Agreement with Stanislaus Equity Partners, Inc. for Permanent Local Housing Allocation Program Funds for the Bridge Covenant Village Development.

Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.3 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

CC / LRA Minutes – 06/25/2024
(108) for the Condor Earth Contract and SitelogIQ Change Order- 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.

City Manager Garcia gave a comprehensive report and Power Point presentation to award a contract to Condor Earth for Site Characterization Work Related to the Solar Project at the Waste Water Treatment Plant and the Execution of a change order with SitelogIQ for additional work related to the site characterization and appropriation of $104,000 from the Sewer Capital Improvement Fund (108) for the Condor Earth Contract and SitelogIQ change order.

City Council Discussed item with City Staff.

Mayor O’Brien opened public comment at 7:56 P.M.

Mayor O’Brien closed public comment at 7:56 P.M.

There being no further public comment, Mayor O’Brien brought the item back to City Council.

ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to adopt Resolution 2024-071 authorizing 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
Motion carried by unanimous City Council and LRA Board roll call vote:

AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz and Mayor O’Brien NAYS: None / ABSENT: None / ABSTAINED: None

12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.

Item 12.1 Staff
City Manager Garcia reported on the following:

CC / LRA Minutes – 06/25/2024
• City offices will be closed tomorrow morning from 8:00-9:30 am so that staff can attend some mandatory training regarding workplace violence. We want to make sure we are in compliance with our state regulations which requires that we hold this training before July 1
st so city offices will be closed during that time so everyone can attend.
• City offices will also be closed on Thursday 7/4 for the 4th of July holiday. The offices are also closed on Friday 7/5 as part of our normal schedule. • Our 2024 elections are upon us and this year the Mayor, Councilmember District 2 and District 4 seats are up for election. That nomination period will begin on Monday, July 15th and will go through August 9th at 5pm. All candidates, including incumbents who are going to seek reelection should contact the City Clerk and Elections Official for more information, and to make an appointment. • The Riverbank. Tuesday market will begin on July 9th. There's going to be vendors, entertainment and a kid’s corner in the plaza. And so that is here in downtown. • Our next movie in the park will be Saturday, July 13th at Jacob Myers Park, where they'll be playing the Guardian. Bring your snacks, chairs, and blankets, and the movie starts at dusk.
• As part of the city's update to its housing element, we are required to seek input from the public. The city has developed a survey that has now been posted to the city's website for residents, developers, and interested parties to help identify housing conditions, needs and priorities. A public workshop is being scheduled for Wednesday, July 31st from 6 to 8 pm at the Riverbank Community Center. If you'd like to put that on your calendar. Now, we are going to agendize and public notice that particular public workshop which will allow both the Planning Commission and all of the City Councilmembers to attend.

Item 12.2 Council/Authority Member
Councilmember Hernandez reported on the following:
• Thank you to Christina Avalos for hosting the Mexico Magico event. It was great and it's a really a celebration of the Mexican culture here in the community. So, thank you.

Councilmember Uribe reported on the following:
• Took another tour of Cannarise. The owner reached out. They wanted to just kind of share an updated business model kind of their future development. And we do have several DA agreements coming forward to council. I just wanted to take the opportunity to meet with him, and just ask questions about how the business is going.
• Attended the cultural event that councilmember Hernandez mentioned. I spoke to the public about the City's continued support about these cultural events, and the appreciation of just holding that event here in Riverbank means a lot to our Hispanic community, and everyone, please have a safe 4th of July.

CC / LRA Minutes – 06/25/2024
Councilmember Barber-Martinez reported on the following:
• Attended the Public Safety Committee with the League of California Cities. We discussed retail theft, mental health and substance use disorder treatment. Just want to mention that there were 12 retail theft Bills that were sent to the Governor's desk for signature. The district attorney's initiative to reform Prop. 47 was also discussed, and we will be in support of that. The homelessness, drug addiction, and theft reduction act. We voted to support that and this measure would increase penalties for trafficking of hard drugs, including Fentanyl. Increased penalties for those who repeatedly engaged in theft add new laws to address the problem of smash and grabs and organize retail theft and provide diversion programs for repeat offenders. Retail theft has been experienced by every single city, whether it be large, small, or whatever. But I think every city that was on that committee with me we all had the same sentiments that something needs to be done. • Attended briefly the Juneteenth event that was held at our Community Center. I wasn't able to stay, but the beginning of it turned out perfect for me, and I think that it was a good event for people to learn about other cultures learn about your neighbor and just share information.
• Remember that safe and sane fireworks sales start Friday of this week. • Our bicycle rodeo, kids’ health & safety annual fun fair is on July 10th from 5:30 to 8pm, right out front here. And with the heat, please remember to stay hydrated.

Check on your neighbors, especially the elderly. Happy July 4th to everyone. Be safe.

Vice Mayor Jones Cruz reported on the following:
• I just wanted to thank the city staff and everyone involved for making this happen tonight. I wanted to be there, I could not. And I really appreciate all the changes, and I know it wasn't always convenient, but it was important. And I really just wanted to voice. Thank you.
• I do have a couple of things on my list here. You heard me reference several phone calls that I was calling back folks today and going over with them. And you heard me talk about the parks one, the other one was housing. Housing is a hard one and I'm just going to take a couple of minutes time here, and just say a couple of things that are near and dear to my heart. This whole housing thing is a very complex complicated issue, and there's so many pieces that have to all fall into place. And this is coming only for me personally, and I've been questioned and scrutinized on why I vote like I do. Please continue calling me and asking me I'm happy to go over any of those personally with you, I encourage that process. But voting on housing it's complicated, and it's taken a long time for me to kind of get all the pieces there, I just wanted to kind of just in a nutshell talk about it. You know, there's always 4 or 5 different things going on, and there's 4 or 5 different points of views, and there's some things that have to be done and follow the law. So, when we get up here and vote on items, they've gone through quite a process through planning etc. But I think one thing I'll get to the point here, when we have comments and I appreciate the public interest. Folks that have concerns about the size of our

CC / LRA Minutes – 06/25/2024
City and how we're growing and where we're putting tiny house villages and that process of having special interest groups and folks coming in and speaking at our council meetings are very, very important. Keep up the good work, keep coming to the meetings, keep giving us your opinions. Your opinions are important in this process. It's important that we hear all sides whether we agree and I'm speaking when I say we me that we don't always necessarily have to agree, but we do need to hear all of it and be respectful of everybody's different opinions. This is a process that is not always easy to go through. It's long and involved, and the Mayor will always say its government, and it takes a long time. And then, when things take a long-time price increase. There’re all kinds of layers to coming down to just a yes or no vote. And sometimes, when a yes or no vote is cast by myself there are all these other things that are not maybe visible. That have gone on to get there to that vote and I just want to kind of put that out there. River Walk is a very hot topic and I appreciate those folks, and I appreciate their point of view that come in and tell us. But remember, there's always another side of the coin, and we have to really think of those, and I take it as my job to look at both of those sides. Then look at where the city has to stand in and what the city's responsibilities and job is to our constituents. I just wanted to kind of throw that out there, to just remember to always show a little grace and some patience, and make sure to stop for a moment and think and listen to others opposing ways and ideas. One thing you don't hear a whole lot about is the farmer that owns that land. I'm speaking only for myself. I went out and toured it, and it's beautiful. I'm completely torn. 3,800 homes.

That's a lot and to see that ag and farmland go away. Yes, I hear all the comments I hear, all of them. but sometimes we don't see some of the things in the background the demands that the State puts on us. The demands that the county puts on us. Those have to be taken into consideration, and I just wanted to personally just speak a little bit about that tonight. And just kind of share something that was on my heart, that those votes that we make for housing, and some things have been you know, planned for months down on the road that's finally now coming to council. Those votes from us, me, they're not done lightly, and they're done with all of those pieces considered and they're all really important pieces.

That land. One thing I want to say, is right now, the farming and the investment that they made, this is the other side of it. They can't sustain that farm. Yes, it's beautiful, ag and farmland. But I think in my opinion the writing on the wall is, they can't sustain that. So, being good business people, they are out trying to find an alternative. I'm not saying the alternatives good. I'm not saying that at all. All I'm saying is that there's not just one way of thinking of this. You've got to have an open mind. I have to have an open mind in all of this, and I hope that some of the things that I've been mulling over in the last few weeks and months, and with the opening of our new Costco, and celebrating that and how fabulous was that. What a showcase for Riverbank! But it brings traffic! And with those kinds of projects all those heartaches and all those struggles goes along with it and it's complicated.

And there's so many pieces. And I think that we I can do a better job of definitely just keeping an open mind, keeping an open mind to all of the sides that we hear all of the people's opinion, because there's not just one right way and hopefully, hopefully, sometime down the road we can come to a consensus on this housing.

The state. If you really want to make a difference. That's where your words and

CC / LRA Minutes – 06/25/2024
your votes and you’re your time spent is well done, because the State puts demands on us. Sitting up there, me I that we have to take into consideration. If we don't vote and work on these housing projects we lose grant funding. If we lose grant funding, we can't do projects like the crossing for the church, widening bike paths. If you can tell I'm pretty passionate about it spend a lot of time on it. I just want to encourage people to kind of stop, take account spend some time and ponder, and I love what the Reverend says. Remember, our goal here is, we want the city to be the best city ever, and it is, but we want it to continue to be that. And we want it to be like longevity. What we do now makes huge impacts years from now, and we don't even realize it. So those are pretty heavy-duty things for councilmember to think about, and when I'm scrutinized and yelled at for the way I vote there you have it.
• I just want to thank all of you for the job well done for the city, the Rec department.

I want to wish all of you very merry 4th of July. Please stay cool out there. Please check on your neighbors, and the four-legged furry friends don't leave them out in this heat. It's really hard on them. With that I'll end.

Item 12.3 Mayor/Chair
Mayor O’Brien reported on the following:
• At the end of this fiscal year, I wanted to basically say a couple of the things that you said Vice Mayor, but I'll be less eloquent. Marisela, again your staff has performed magnificent this the last fiscal year. Tammy, you did a great job on the budget. Parks did a fantastic job. I wanted to mention the planning commission. I know that they get bombarded like we do if you haven't watched the planning commission, they are bombarded pretty heavily. Why are you only directing certain buildings in a certain district where you should spread it, and you know they take the brunt also. Anybody that forms a committee we are going to get the public coming after them, and I'm sorry that that happens, but that's the way it is. I wish it would be a little bit more respectful. But with the planning commission over the last 12 years they have done some magnificent work which allowed for the development, the economic development that we're doing in the Crossroads West Shopping Center with the Costco is bringing in an increase of 11.8% in sales tax alone. Which is well above our deficit that we created plus, there's going to be other quality economic development there. I know the City of Modesto was asked.

Mayor was asked, what do you plan on doing for economic development? And he said, it was before Zwhalen, annex Riverbank, and is true. We are doing things that no other city is doing, and I want to thank the staff for all of their patience. And when you transition the $36,000 for Office 365 if there's any room for training. I'd like to be trained. I'm having difficulty spelling 365. • I want to also comment on the housing as you spoke Vice Mayor. Secretary Yellen today commented on what they have to do from the national perspective to increase the housing not in 10 years, but between now and 2030. 3.5 million unit’s, single units between now and 2030, and California's deficit in housing has to increase. Or you're driving people to homelessness. You're driving people out of your area because you don't have enough housing that is competitive instead of

CC / LRA Minutes – 06/25/2024
being gentrification of your housing. I had some others, too. But I think, I went on, I didn't want to top the Vice Mayor.

13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.

Item 13.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America,Inc.

There being no public comment, Mayor O’Brien moved to Closed Session at 8:15 P.M.

Reconvened from Closed Session at 8:33 P.M.

14. REPORT FOR CLOSED SESSION
Item 14.1 Report from Closed Session Item 13.1
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America,Inc.

ACTION: Unanimous Decision by the City Council to authorized the City Manger the authority for an arbitration award of $630,448.57 to Schneider Electric, Inc.

15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 8:34 P.M.to the next regular scheduled City Council / LRA Meeting of July 23, 2024 at 6:00P.M.

ATTEST: (Adopted 07/23/2024) APPROVED:

Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk / LRA Recorder Mayor/ Chair

Item 9.3 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: July 23, 2024
Subject: Acceptance of the Crossroads Elementary School Raised Crosswalks Project and Authorization to File a Notice of Completion
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager Laura Graybill, Senior Project Coordinator
RECOMMENDATION:

It is recommended that the City Council accept the completion of the Crossroads Elementary School Raised Crosswalks Project and authorize staff to file a Notice of Completion.

SUMMARY:

RF General Engineering, Inc. has completed the construction of the Crossroads Elementary School Raised Crosswalks Project. William Kull, City Engineer and City staff have completed a final inspection and determined that construction has been completed per the plans and specifications.

The contract was awarded on May 14, 2024 to RF General Engineering, Inc. in the amount of $126,643.25. There was no contract change orders. The total cost of construction is $126,643.25.

It is recommended that the Council accept the Crossroads Elementary School Raised Crosswalks Project as complete and authorize the Senior Project Coordinator to record the Notice of Completion.

FISCAL IMPACT:

Costs to be covered by Measure L Funds.

ATTACHMENTS:

1. Notice of Completion

2. Before & After Photos

3. Site Map

CITY OF RIVERBANK
ATTN: DEVELOPMENT SERVICES6707 THIRD STREETRIVERBANK, CA 95367 City of Riverbank
6707 Third Street, Riverbank, CA 95367
X
N/A
N/A
July 23, 2024
ATTACHMENT 1
City of Riverbank
Laura Graybill, Senior Project Coordinator
City of Riverbank
Laura Graybill, Senior Project Coordinator
Riverbank Stanislaus California
Stanislaus California
Riverbank
23rd July 2024
23rd July 2024
Crossroads Elementary School Raised Crosswalks Project
RF General Engineering, Inc.
construct and furnishing furnishing all labor, materials, equipment, transportation, and incidentals necessary to construct all curb, gutter, raised crosswalks, sidewalk, asphalt paving, striping and traffic control.

Intersection of Saxon Way & Novi Drive and the
intersection of Prospectors Pkwy & Suttermill Drive in Riverbank, CA 95367 Crossroads Elementary School Raised
Crosswalks Project Photos
Before, during and after at Saxon Way & Novi Drive
Before and after at Prospectors Pkwy & Suttermill Drive ATTACHMENT 2

SITE MAP

CROSSROADS ELEMENTARY RAISED CROSSWALK PROJECT
ATTACHMENT3

Item 9.4– CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: July 23, 2024
Subject: Authorization for Out of State Travel Request to have Finance Staff Attend the Caselle Training in Provo, UT
From: Marisela H. Garcia, City Manager
Submitted by: Tammy Alcantor, Assistant City Manager

RECOMMENDATION
It is recommended that the City Council consider providing authorization for an out-ofstate travel request for Beckie Robbins, Assistant Finance Director, to attend Caselle training in Provo, UT August 5th – 9
th, 2024.

SUMMARY
Caselle is the City’s accounting software that is utilized for financial statements, accounts payable, payroll, utility billing, business license, and miscellaneous accounts receivables.

This is a free replacement training for new hires and is intended to allow new users the ability to learn best practices and is a cost-effective way to maximize work performance.

The advantage of this complimentary training is its concentrated focus over three days on general ledger applications, payroll systems, utility billing, and cash receipting processes aiding the Assistant Finance Director in effectively overseeing these functions.

BACKGROUND
This training is valuable for members of the finance team, in past years other team members have attended the annual conference, that takes place in October. This will be the first time for this staff member to attend Caselle training.

STRATEGIC PLAN
Participation in this user conference will help support the Strategic Plan goals of:

1. Achieve and Maintain Financial Stability and Sustainability

2. Attract, Develop, and Retain Quality Staff

Item 9.4– CC/LRA 07/23/2024

FINANCIAL IMPACT
The approximate costs are $1,700 which includes hotel accommodation, airfare, and per diem. With the approved 24-25 Budget there is sufficient funding in account 101-403.000- 706-037.

ATTACHMENTS
There are no attachments to this report.

Item 9.5 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.5
SECTION 9: CONSENT CALENDAR
Meeting Date: July 23, 2024
Subject: Resolution to Award and Authorize City Manager to Enter into Professional Service Agreement for Construction Management and Inspection Services with NV5, Inc. for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution awarding Construction Management and Inspection Services to NV5, Inc. for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project and authorize the City Manager to enter into a contract with NV5, Inc.

STAFF SUMMARY
The City of Riverbank applied for an Encroachment Permit for the Callander Avenue Project. One of the conditions under the permit is for the City to hire an independent, experienced, third-party construction management company to assign a full-time resident engineer to provide the daily inspections and the daily contract administration services with the state representative only providing minor oversight inspections.

On May 20, 2024, the City advertised a Request for Proposal (RFP) for Construction Management and Inspection Services for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project.

On June 24, 2024, the City received one Request for Proposal (RFP) for Construction Management and Inspection Services for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project. The proposal was reviewed and evaluated for understanding of the work to be done, experience with similar kinds of work, quality of staff for work to be done, capability of developing innovative or advanced techniques, familiarity with state and federal procedures, financial responsibility and demonstrated technical ability.

Item 9.5 – CC/LRA 07/23/2024
The City found that NV5, Inc. meets all the above criteria and has extensive experience working on projects along State highways.

FINANCIAL IMPACT
The cost for the Construction Management & Inspection Services for NV5 in the amount of $187,288.20 will be covered by Measure L funds.

ATTACHMENTS

1. Resolution

2. Proposal Construction Management & Inspection Services – NV5, Inc.

3. Professional Design Service Agreement – NV5, Inc.

CC/LRA – 07/23/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,

CALIFORNIA, TO AWARD AND AUTHORIZE CITY MANAGER TO ENTER INTO

PROFESSIONAL SERVICE AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION WITH NV5, INC. FOR THE STATE HIGHWAY 108 (CALLANDER

AVENUE) RECONSTRUCTION & CROSSWALK PROJECT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City of Riverbank applied for an Encroachment Permit for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project; and WHEREAS, Caltrans conditioned the City to hire an independent, experienced, third-party construction management company to provide a full-time resident engineer to perform the daily inspections and the daily contract administration services; and WHEREAS, on June 24, 2024, the City received one (1) Request for Proposal (RFP) for Construction Management and Inspection Services for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project; and WHEREAS, the proposal was reviewed and evaluated for understanding of the work to be done, experience with similar kinds of work, quality of staff, capability of developing innovative or advanced techniques, familiarity with state and federal procedures, financial responsibility and demonstrated technical ability; and WHEREAS, staff found that NV5, Inc. meets all the above criteria and has extensive experience working on projects along State highways; and WHEREAS, the City Manager is authorized to enter into Professional Service Agreements for Construction Management and Inspections for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project in the amount of $187,288.20; and
WHEREAS, the funding for the Construction Management & Inspections contract will be covered by Measure L funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the following:

ATTACHMENT 1

CC/LRA – 07/23/2024
CC Resolution 2024-

1. Award Professional Service Agreement for Construction Management and Inspection Services for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project to NV5, Inc.

2. Authorize City Manager to enter into a contract with NV5, Inc. for Construction Management and Inspection Services for the State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23rd day of July, 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, CMC Richard D. O’Brien
City Clerk Mayor
Attachment: Professional Design Service Agreement
2525 NATOMAS PARK DRIVE
SUITE 350
SACRAMENTO, CA 95833
PROPOSAL NUMBER: P26524-0004525.00

PROPOSAL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
STATE HIGHWAY 108 (CALLANDER AVENUE)

RECONSTRUCTION & CROSSWALK PROJECT
June 24, 2024
Prepared For:

CITY OF RIVERBANK
Development Services Administration
ATTN: Kathleen Creek
6707 Third Street
Riverbank, CA 95367
ATTACHMENT 2
City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

TABLE OF CONTENTS

INTRODUCTORY LETTER
PROJECT INFORMATION …………………………………………………………………………………………..1 NV5 TEAM QUALIIFICATIONS……………………………………………………………………………………..2 RELEVANT EXPERIENCE ……………………………………………………………………………………………4 ORGANIZATIONAL CHART …………………………………………………………………………………..……10 QUALIFICATIONS OF KEY PERSONNEL ……………………………………………………………………..11 RISK MATRIX……………………………………………………………………………………………………………13
PROJECT UNDERSTANDING, PROJECT APPROACH ………………………………………………..14-18 NV5’S ELECTRONIC DAILY DIARY ………………………………………………………………………………19 APPENDIX – RESUMES
APPENDIX – SCOPE
FEE, 10-H1 FORMS, 10-K AND 10-Q ARE INCLUDED IN THE FEE ENVELOPE City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

INTRODUCTORY LETTER
June 24, 2024
Attn: Kathleen Cleek
City of Riverbank
Development Services Administration Mgr.
6707 Third Street
Riverbanks, CA 95367
Re: Request for Proposal for Construction Management Services for State Highway 108 (Callander Avenue) Reconstruction & Crosswalk Project
Dear Ms. Cleek:

We are privileged to present our proposal to provide full-service construction management and inspection services for the State Route 108 (Callander Avenue) Reconstruction and Crosswalk project. We understand the challenge that lays before you: the construction of public works improvements can be a complex endeavor – one that often requires creative problem solving. To realize our overarching goal of seamless coordination and compliance with contract documents, we will focus on two ingredients essential to project success – effective communication between the City, our team, and project stakeholders, and a thorough understanding of the contract requirements. This approach will provide the framework for meeting the dayto-day challenges that normally arise on any construction project.

The State Highway 108 (Callander Avenue) project will present several challenges, which include:
• Meeting federal funding requirements
• Providing public outreach
• Preserving public safety, convenience, and traffic control • Maintaining access to properties, and
• Protecting existing right-of way.

NV5 is the most qualified team to help the City manage these issues and deliver the State Route 108 (Callander Avenue) Reconstruction and Crosswalk Project. Here is why:
• We are exceptionally prepared to engage all parties, both internal and external, that are in a position to influence this Project’s success. Proficient communication and coordination will be essential for successful project management. Our team has the experience and commitment to communicate, coordinate and cooperate to find practical solutions that will benefit the project and its stakeholders. We have worked with Caltrans and the County of Stanislaus on numerous projects. Local residents and businesses adjacent to construction will have concerns with the schedule details, work to be performed, durations of construction tasks, potential detours and closures that would affect their commute. NV5 will serve as THE communication hub for all stakeholders, relieving the City from that concern.
• No other firm has more knowledge and experience to administer your project to meet Caltrans LAPM Requirements, Quality Assurance and File Management Requirements. Since this is a project with multiple funding sources, all construction must not only be in accordance with the City’s standards and procedures, it will have to meet Caltrans quality assurance and file management City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | requirements. Federal funding means Caltrans will have an oversight role during construction and project files will be subject to audits by Caltrans personnel. This project also has a portion of improvements along State Route 108 in Caltrans right-of-way. Our proposed team has extensive experience in the administration of projects requiring Caltrans oversight and Caltrans LAPM requirements.
• We have assembled a highly qualified, reliable team to work in partnership with the City. Our team is comprised of the same staff that successfully delivered multiple projects within Stanislaus County. In addition to our key staff, we have added extra support resources so you may remain confident that the NV5 Team has the horsepower and assets necessary to deliver your project.

Brad Riel, PE - Resident Engineer. Brad will be available throughout the project assuring all aspects of our scope of services meet or exceed the expectations of the City. He will provide periodic project input and guidance and will be function as a part time Resident Engineer to offer direction and help with his valuable experience to deliver another successful project. Brad has directly managed more than $800 million of transportation construction projects with multiple funding sources for various agencies.

Tony Hosak– Civil Inspector. Tony will serve as the full time inspector. Tony has over 30 years of experience constructing and inspecting roads and highways, and heavy civil and structure construction projects. He began his career as a Superintendent for various contractors in California, and for more than 10 years, he served as Assistant Resident Engineer for the Offices of Structure Construction in Caltrans Districts 4, 6 and 10. Not only is Tony familiar with standards and requirements of Stanislaus County and Caltrans, he lives nearby in Waterford.

We have reviewed the terms and conditions in the “Sample Consultant and Professional Services Agreement” contained in Attachment F of the RFP. I acknowledge that we accept the terms and conditions contained therein.

NV5 is dedicated to providing the City with the qualified and experienced staff necessary to successfully complete your project safely, efficiently, and cost effectively. We will bring our well-known “personal service” to the City – a proven willingness to exceed project needs and expectations, flexibility to rapidly deploy expert staff, and effective response to changing project demands – from project startup through closeout.

Please feel free to contact me if you have any questions regarding our proposal, our team, or our work plan.

My contact information is shown in the box to the right. Thank you for the opportunity to present our proposal.

Sincerely,
NV5, Inc.

Brad Riel, PE
Vice President, Civil Program Management
Contact Information
Brad Riel, PE, Vice President
NV5, Inc.
2525 Natomas Park Drive, Suite 350
Sacramento, CA 95833
Phone: 916.549.9546
Email: [email protected]
City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

PROJECT INFORMATION

INTRODUCTION AND BACKGROUND
The City of Riverbank is seeking a Consultant to provide construction management, inspection, and construction contract administration services to augment existing City construction staff as necessary for the State Route 108 (Callander Avenue) Project, a Federal and locally funded project.

The selected consultant will be required to supplement the current Division staff with the following staff members; Resident Engineer and Construction Inspector. The Division expects the consultant staffing to have extensive experience managing/inspecting local agency type projects.

The project consists of reconstruction of State Highway 108 (Callander Avenue) from just north of Topeka Street to just south of Santa Fe Street between Post Mile 31.992 and Post Mile 32.096 in the City of Riverbank, Stanislaus County. Work includes curb & gutter, minor highway widening, landscaping, bioretention basin, bike path, sidewalk, and new median island with rapid flashing beacons.

The State Highway 108 (Callander Avenue) Project is funded with Federal CMAQ and STP funds along with Local Measure L and SB-I .

NV5 has assembled our team to meet the project goals and successfully deliver this project for the City of Ripon. Our team is characterized by:

NV5 has a full understanding of the state
standards, manuals, department
processes, policies, and procedures. They
are good representatives and stewards of
the state.

NV5’s work ethic ensures that QC/QA is
provided, and that the workmanship is
within compliance with all requirements.

They make good engineering decisions, are
very conscientious for what they are dealing
with and are willing to listen to suggestions
in order to achieve a reasonable solution.

STEVE SAKATA | CALTRANS
1 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | NV5 TEAM QUALIFICATIONS
NV5, Inc. (NV5) is a provider of engineering and consulting services to public and private sectors, offering solutions through five business verticals: Infrastructure, Construction Quality Assurance, Environmental, Program Management, and Energy. With offices located throughout the United States and the resources for worldwide delivery, NV5 helps clients develop, construct, and operate a wide variety of projects.

Our offices are our link to the communities we serve. NV5 plans, designs, builds, tests, and certifies the infrastructure that connects our communities. We take pride in helping our clients build cost-effective, sustainable projects that serve the needs of the communities where we live and work.

In the District 10 region, NV5 has played major roles in the shaping of the highway transportation system, providing local agencies with turnkey services for bridge replacements, retrofits, and widening; interchange improvements, highway widenings; new alignments, and rehabilitation; roadway surfacing; drainage basins; and landscaping projects with more than $1 billion in construction value.

We have more than 130 construction management staff dedicated to the Northern California region from the Central Valley to the Nevada border. NV5 has assembled our team to address the specific challenges presented by the Hills Ferry Road Bridge project. Our team is distinguished by:
 23 years of Construction Management experience in Stanislaus County  35 years of experience managing roadway improvements in City, County and Caltrans right of way  Proficiency in delivering federally funded projects using Caltrans LAPM project documentation NV5 TEAM’S LOCAL EXPERIENCE
NV5 has been providing construction management services to Stanislaus County, surrounding cities and agencies in the since 2001. We have delivered full-service turnkey construction management and inspection for large, complex projects such as the $18 million Hickman Road Bridge Replacement project and small rehabilitation projects such as the Claribel and Roselle Avenue Intersection Improvements.

Additionally, through on-call contracts, we have overseen construction of bridge, roadway, storm drain, and signalization projects.

Members of our team are currently and have previously worked together on many projects in the County and throughout Northern California. The following is a list of projects NV5 has completed and/or are currently working on within Stanislaus County:
•Hickman Road Bridge over the Tuolumne River
•McHenry Avenue Widening
•Claribel Road and Roselle Avenue pavement Rehabilitation •Bentley Road and Warnerville Road Reconstruction
•SR 99/Pelandale Avenue Interchange
•SR 99/219 Kiernan Avenue Interchange
•Empire Improvement, Phase 1A
•Carpenter Road Traffic Signals
•Anderson Road Bridge at Orestimba Creek
•SR 132 (Yosemite Avenue) Widening
2 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

DELIVERING FEDERALLY FUNDED PROJECTS
NV5 specializes in providing services for projects constructed with federal funding. NV5 boasts a perfect record of consistently delivering outstanding services for projects funded at the local, state, and federal levels. This notably includes achievements in managing projects under funding initiatives such as Measure L, SB1, STIP, and grants from the US Department of Transportation.

What sets us apart is our unwavering commitment to excellence in construction management. Our policies and procedures not only meet but surpass the stringent standards set by the Federal Highway Administration and Caltrans. We don’t just comply; we excel, ensuring your projects are not only completed successfully but also with the utmost quality and precision. This is proven by the fact that we have passed 100% of all state and federal audits on our projects.

Brad is a former Caltrans Structures Construction Engineer and has effectively managed multiple federally funded projects. Additionally, NV5 has held the on-call construction management prime contracts with Caltrans Districts 6 or 10 continuously since 2006 and are currently the prime consultant for Districts 7 and

9. We also provide similar services for other districts on a subconsultant basis.

Through our substantive experience working with Caltrans and local agencies, NV5 brings in-depth knowledge of and proficiency in utilizing the agency’s processes, standards, and specifications. Our broad range of experience with roadway and bridge improvement projects enables our staff to effectively manage construction operations to ensure all services are performed in accordance with project plans and specifications and regulatory agency requirements.

SUBCONSULTANTS
All of our subconsultants are accountable, professional, and trustworthy. They all provide vital components to help achieve the project objectives and scope and have assisted NV5 with successful project delivery on numerous occasions. Not only has our proposed staff worked together on multiple projects, our subconsultants were chosen because of our successful past work relationships.

TULLY CONSULTING GROUP | SWPPP OVERSIGHT
Established in 2005, Tully Consulting Group (Tully), has provided civil engineering and stormwater management services for a range of public and private clients. Tully specializes in stormwater inspection, Stormwater Pollution Prevention Plan (SWPPP) preparation, and stormwater compliance permitting. Services including stormwater and water quality monitoring, providing QSP inspection, writing Environmental Protection Plans and assisting with Water Quality Control Board communication. Tully’s in-depth portfolio includes projects involving sensitive environmental conditions and protected waterways, complying with USACE 404 and 14 Nationwide permits, Regional Water Quality Control Board 401 and other Waste Discharge Orders, U.S. Fish and Wildlife Service oversight, Caltrans Encroachment Permits, California Department of Fish and Wildlife Streambed Alteration Agreements, and local flood control agency agreements.

BSK ASSOCIATES | MATERIALS TESTING
BSK was founded in 1966 in Fresno and has been providing on-call services to the Stanislaus County Public Works Department since 2017, including materials testing support for roadway and bridge infrastructure projects. They are a 100 percent employee-owned California S corporation that provides construction observation, materials testing, special inspection and source inspection; geotechnical engineering; environmental engineering and consulting; and analytical chemistry laboratory services. With nearly 200 employees firm-wide and a Livermore/Tracy staff of 30, BSK will provide the same reliable materials testing services for this contract as they continue to deliver under their on-call services contract to Stanislaus County.DBE
3 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

RELEVANT EXPERIENCE
HICKMAN ROAD BRIDGE REPLACEMENT OVER THE TUOLUMNE RIVER |WATERFORD, CA

REFERENCE
Stanislaus County
1716 Morgan Road
Modesto, CA 95358
Chris Brady, former Deputy Director
P 209.231.2233
[email protected]

PROJECT INFORMATION
PROJECT COST: $18M
COMPLETION DATE: 12/2022

PROPOSED STAFF
 Brad Riel, PE – PM/RE
 Tony Hosak - Inspector
 Jennifer Williams – Office
Engineer
NV5 provided full construction management services for this $18M project, which replaced the existing 652-foot bridge over the Tuolumne River and realigned 1,000 feet of roadway. The new bridge was constructed immediately upstream of the existing structure while the existing road and bridge was open to public traffic during construction.

The new road alignment transitions and connects back to the existing Hickman Road alignment and ties into a revised signalized intersection at SR 132 (Yosemite Avenue). The existing bridge was demolished when construction on the new bridge was completed.

The existing bridge carried a 6” PG&E gas line bank of AT&T telecommunication lines that had to be relocated during construction.

Additionally, the contractor installed 1,711 feet of 16-inch City of Waterford waterline through the new bridge. A new irrigation system and landscaping were installed at the adjacent River Park, and in the Tuolumne River watershed area.

All the utilities had to be installed after the stems and soffit concrete was placed and before the bridge deck was formed. This required proactive communication and close coordination with the utility companies and the City of Waterford to complete the work and ensure the contractor’s progress was not impacted.

The project received the 2023 Local Streets and Roads “Project of the Year” Award from the League of California Cities, County Engineers Association of California, and California State Association of Counties.

CHALLENGES AND SOLUTIONS
This project included multiple commercial and residential driveways that had to be maintained and reconstructed during the project’s construction. NV5’s team personally met with virtually all of the property owners, made appropriate adjustments, and ensured the contractor provided continual access, therefore minimizing the inconvenience to the businesses and residents. 4 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

RELEVANT EXPERIENCE
MCHENRY AVENUE WIDENING | MODESTO, CA
NV5 provided full-service construction management services for the McHenry Avenue widening project.

This project improved the corridor to accommodate north/south interregional traffic between the cities of Modesto and Escalon and to State Highway 108 (McHenry Avenue/ Patterson Road). McHenry consisted of one lane in each direction with four- foot shoulders. The improvements included two 12-foot lanes in each direction, 14- foot wide median, eight-foot shoulders/bike lanes, and curb gutter, and sidewalk. Existing drainage ditches and percolation drains were replaced with a 36” piped gravity system and drainage inlets that ultimately drain to a new basin constructed west of McHenry Avenue near Hogue Road. The project also included installing new 36” irrigations lines and valve gates for Modesto Irrigation District. The reconstructed roadway consists of three primary section improvements, including micro surfacing, full depth reclamation (FDR), cement-treated base, hot mix asphalt, and rubberized hot mix asphalt. The project also replaced a 348.5-foot-long slab bridge with 186- foot long multiplate arch culvert. The existing bridge spans dry slough and a flood plain adjacent to the Stanislaus River

CHALLENGES AND SOLUTIONS
The planned project staging did not include provisions to reconstruct the McHenry Avenue/Stewart Road Intersection while maintaining traffic through the intersection. NV5 developed a new staging plan that detoured the for the Del Rio Community to McHenry Avenue via Ladd Road. This plan was submitted to and approved by Stanislaus County. As a result, continual access to Del Rio was maintained while eliminating costly sub-phasing of the work.

REFERENCE
Stanislaus County
1716 Morgan Road
Modesto, CA 95358
Chris Brady, former Deputy Director
P 209.231.2233
[email protected]

PROJECT INFORMATION
PROJECT COST: $10.3M
COMPLETION DATE: 11/2023

PROPOSED STAFF
 Brad Riel, PE – PM/RE
 Tony Hosak - Inspector
 Jennifer Williams – Office
Engineer
5 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

RELEVANT EXPERIENCE
FULKERTH AVENUE INTERCHANGE IMPROVEMENTS | TURLOCK, CA

REFERENCE
City of Turlock
Stephen Fremming
Department of Public Works
156 S. Broadway, Ste 150
Turlock CA 95380
P 209.668.5419
[email protected]

PROJECT INFORMATION
PROJECT COST: $12.3M
COMPLETION DATE: 08/2020

PROPOSED STAFF
 Brad Riel, PE – PM/RE
 Tony Hosak - Inspector
 Jennifer Williams – Office
Engineer
NV5 provided full turn-key construction managements services for this $12 million project located at Fulkerth Road and SR99.

This project improved the flow of traffic in the City by adding capacity to the existing interchange and on and off ramps as well as realigning the southbound ramp and lowering the northbound ramp by six feet to increase its efficiency. Two signalized intersections were constructed and Fulkerth Road was improved with pavement rehabilitation and overlay, new curb, gutter, and sidewalks, and signal interconnects. Three new retaining walls were constructed, including two ground anchor walls in front of the existing overcrossing abutments and a 1,318-foot-long Type 1 wall that supports the new northbound on ramp. Additionally, two drainage basins were constructed west of SR 99. A 36-inch Turlock Irrigation District line was relocated.

CHALLENGES AND SOLUTIONS
While the project bid opening occurred on August 29, 2018, construction was delayed due to funding approval and an active Swainson’s Hawk nest until May 20, 2019. The first item of work was to re-route the existing Turlock Irrigation District (TID) pipeline to the outer limits of the embankment fill section for the new ramp alignment. The TID work window in the Special Provisions limited work on the irrigation lines from November 1st through February 28th. The start of construction was pushed outside the TID work window. Without constructing the TID improvements, Stage 1 could not be started until the next TID work window in November, pushing the entire schedule out 6 months. Our NV5 team was able to coordinate several meetings during the delay period with TID, City of Turlock and the local farmers receiving water from the existing irrigation pipeline. We created a work plan outside the TID work window that accommodated all parties needs and allowed the project to start Stage 1 as soon as the Notice to Proceed was issued and kept the project on track to complete Stage 1. 6 RELEVANT EXPERIENCE
PROJECT INFORMATION | OWNER REFERENCE PROJECT DETAILS RELEVANT PROJECT FEATURES

BENTLEY AND WARNERVILLE ROAD

RECONSTRUCTION PROJECTS
Modesto, CA

STANISLAUS COUNTY

PROJECT COST
$3.5M

PROJECT COMPLETION DATE
February 2019
NV5 provided assistant resident engineering and construction inspection services for these $3.5 million projects to reconstruct Bentley Road to Milnes Road and Warnerville Road from Tim Bell Road to Crabtree Road. Reconstruction utilized a Full Depth Reclamation (FDR) process, which mixes, treats and compacts the existing material in place. FDR is a best practice for recycling existing materials and using them in place.

Bentley Road was treated with cement and capped with asphalt concrete pavement. Warnerville Road was treated with a Lithtec agent with a double chip seal as a riding surface. At the time construction began in October 2018, this is the first California project to utilize this product. •Full Depth Reclamation Process
(FDR)
•Roadway reconstruction
•Widenings
•Pavement overlay
•Striping Layout
•Street Lighting
•Traffic Signs and Signals
•Utilities Coordination

GEER ROAD INTERSECTION

IMPROVEMENT PROJECTS
Modesto, CA

STANISLAUS COUNTY

PROJECT COST
$3.6M

PROJECT COMPLETION DATE
February 2019
NV5 is provided staff augmentation/construction inspection services for these intersection improvements projects, which involved improvements to Geer Road/Santa Fe Avenue and Geer Road/Whitmore Avenue Intersections. The projects included widening and reconstructing several thousand feet of roadway, including the addition of turn lanes, constructing new traffic signals at each intersection, upgrading BNSF Railway facilities across Geer Road, installing new traffic signs, striping and street lighting. The approximately 5,300 linear feet of roadway is constructed using FDR-C method.
•Full Depth Reclamation Process
(FDR)
•Roadway reconstruction
•Widenings
•Pavement overlay
•ADA Compliance
•Striping Layout
•Street Lighting
•Traffic Signs and Signals
•Utilities Coordination

CLARIBEL ROAD & ROSELLE AVENUE

INTERSECTION PROJECT
Modesto, CA

STANISLAUS COUNTY

PROJECT COST
$2.4M

PROJECT COMPLETION DATE
October 2019
NV5 provided assistant resident engineering and construction inspection services for this roadway reconstruction and intersection improvements project. The project widened nearly one mile of road from one lane to two lanes, plus turn pockets at the intersection. The existing four–way stop sign was replaced with a new eight-phase traffic signal. In addition, NV5 coordinated the relocation of multiple underground and overhead utilities while keeping the project on schedule. The project was built in three stages to accommodate traffic while maintaining continuous access to 14 residential and church driveways during construction. During construction, NV5 maintained a public outreach campaign to keep the City of Riverbank residents and businesses well-informed of upcoming project milestones, traffic switches and construction activities. •Roadway reconstruction/
•Widenings
•Pavement Rehabilitation/ repair
•ADA Compliance
•Traffic Signs and Signals
•Utility realignments and coordination

KIERNAN AVENUE INTERCHANGE
(SR99/SR219)
Modesto, CA

STANISLAUS COUNTY

PROJECT COST
$27M

PROJECT COMPLETION DATE
October 2019
NV5 provided construction management services for this $27 million project roadway widening and interchange reconstruction project. The project included the replacement of the existing bridge over SR99, reconstruction of freeway ramps, widening of SR 219 (Kiernan Ave), and construction of a new storm water pumping plant. The new 200-foot 2 span bridge consists of 16 pre-cast wide flange concrete girders supported on 130 small diameter cast-in-drilled-hole (CIDH) piles. The project was constructed to Stanislaus County Standards with Caltrans oversight.

Our services included constructability review; construction management, construction inspection, quality assurance, materials testing, contract administration, public outreach, schedule management and SWPPP permit oversight.

NV5 oversaw the construction of 130 small diameter (24 and 30-inch) “wet-hole method” CIDH piles that resulted in only one major anomaly.

This is remarkable considering the challenging conditions of high groundwater, sandy soils prone to collapse, tight spacing between new piles, proximity to existing piles and restricted work zones. The NV5 team, led by Brad Riel (Structures Representative), employed a proactive approach to planning and inspecting this work. Prior to each of the three stages of CIDH construction, we held coordination meetings with the Contractor and Caltrans and required the Contractor to submit detailed work plans. During construction, we provided experienced inspectors to help ensure that contractor means and methods would result in complaint piles. After construction, we provided experienced gamma-gamma specialists to test, interpret results and assist in the evaluation of proposed repair methods. •Roadway reconstruction
•Roadway Widening/Realignment
•Traffic Handling Plan
•Utility Relocations
•Regulatory Permit Compliance
City of Riverbank | CM Services for State Highway 108 (Callander Ave) Reconstruction and Crosswalk Project | P26524-0004525.00

RELEVANT EXPERIENCE
PROJECT INFORMATION | OWNER REFERENCE PROJECT DETAILS RELEVANT PROJECT FEATURES 2018 ROSEVILLE RSTP ARTERIAL

RESURFACING PROJECT
Roseville, CA

CITY OF ROSEVILLE
NV5, is the prime consultant providing full-service construction management services for the 2018 RSTP Arterial Resurfacing Project. This $7M project consists of mill and fills, overlays, placement of Hot Mix asphalt (HMA), dig outs, the application of micro surfacing, striping, ADA upgrades and traffic signal modifications on various arterial and collector roadways throughout the City of Roseville. •Roadway Improvements
•HMA paving
•Micro surfacing
•Mills & Fills, overlay
•Striping
•ADA Upgrades
•Traffic Signal Modifications

REED AVENUE IMPROVEMENTS,

PHASE II
Reedley, CA

CITY OF REEDLEY

PROJECT COST
$6.5M

PROJECT COMPLETION DATE
January 2019
NV5 provided Resident Engineer, Construction Inspection, Office Engineer, Labor Compliance, and Surveying services on these combined $6.5 million projects that included roadway reconstruction, ADA ramp and other pedestrian improvements, underground utility relocations, and new street lighting between Manning and South Avenues. The project utilized the Full Depth Reclamation with Cement process to rehabilitate the roadway. This project occurred on one of the main arterials through the City of Reedley while the roadway remained open during construction.

NV5 reviewed traffic handling plans and oversaw daily traffic handling operations throughout the project. Pedestrian and motorist safety enhancement included solar powered flashing eacons and vehicle detection systems at the signalized intersections. NV5 coordinated with Pacific Gas and Electric (PG&E), Frontier Telephone and Comcast to relocate and protect third party utilities •Full Depth Reclamation Process
(FDR)
•Roadway reconstruction/
rehabilitation/realignment
•Widening
•ADA Compliance
•Pedestrian Improvements
•Traffic Signs and Signals
•Utilities Coordination

ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION

SERVICES
Central California
CALTRANS DISTRICT 9 & 10

PROJECT COST
$500M+

PROJECT COMPLETION DATE
Ongoing
NV5 has been providing professional and technical services required for Roadway Construction Services, on an “as-needed” basis to support Caltrans, Division of Construction, Districts 6, 9 and 10, in the construction of proposed Caltrans transportation facilities. These series of contracts with over 100 projects covers a span of over fifteen years, construction costs well over $600M, and at times as many as fifty staff in the field.

Projects completed include:
•The $152M widening of SR 99 from Manteca to Stockton. This project widens 11 miles of freeway from four to six lanes including two interchanges.
•The $68M widening of SR 99 in San Joaquin County. The projects widens the freeway from four to six lanes using concrete pavement. •The $111M realignment of SR 99 in Fresno. The new freeway was constructed using concrete pavement and modified four interchanges.

Unique to this project was the Caltrans use of fully electronic daily diaries and plan grid system. •The $140M extension of SR 4 in Stockton. This new freeway included concrete paving mainline, an interchange, and a grade separation. •The $21M widening of SR 99 from six to eight lanes
•The $47M widening of SR 46 from two to four lanes
•The $28M replacement of PCC panels in I-5
•The $11M reconstruction of the outside lane on I-5
•The $80M reconstruction of SR 99
*Projects completed in the last five years.
•Roadway reconstruction/
rehabilitation/realignment
•Widening
•ADA Compliance
•Pedestrian Improvements
•Traffic Signs and Signals
•Utilities Coordination
City of Riverbank | CM Services for State Highway 108 (Callander Ave) Reconstruction and Crosswalk Project | P26524-0004525.00

PROJECT COST
$7M

PROJECT COMPLETION DATE
6/2023
PROJECT INFORMATION | OWNER REFERENCE PROJECT DETAILS RELEVANT PROJECT FEATURES

GRANT LINE ROAD WIDENING
Elk Grove, CA

CITY OF ELK GROVE

PROJECT COST
$11M

PROJECT COMPLETION DATE
2016
NV5 provided construction management services, including Resident Engineer, Structure Representative, and inspections for this project which included widening 4,750 feet of Grant Line Road to four lanes between East Stockton Boulevard/ Survey Road and Mosher Road. A 256–foot long cast–in place, post–tensioned box girder bridge was constructed over the UPRR tracks. Many of the existing utilities needed be relocated during construction, including SMUD and Comcast overhead lines, Frontier phone lines, Kinder Morgan gas lines, and Sacramento County Water Agency (SCWA) waterlines.
•Roadway Reconstruction/
Maintenance
•Widenings
•Utility Relocations/ Coordination
•Traffic Signal Improvements
•SWPPP Compliance Monitoring/
Inspections

WEST COUNTRY CLUB
RECONSTRUCTION PHASE 8
Stockton, CA

SAN JOAQUIN COUNTY

PROJECT COST

UNKNOWN

PROJECT COMPLETION DATE
2018
NV5 provided full service construction management services to the County of Merced for the Campus Parkway Segment 3 project. The $46 million project extended the four-lane divided expressway 2.5 miles from SR 140 to Yosemite Ave. This segment included the construction of six structures, including cast-in-place bridges over Bear Creek and Black Rascal Creek, as well as a prefabricated steel truss bridge. The 500-footlong bridges over Bear Creek include 144” diameter CIDH piles constructed using the “wet-hole” method, and were subject to CDFW 1602, RWQCB 401, and CVFPB permitting restrictions.

SCHEDULE MANAGEMENT AND ENVIRONMENTAL PERMIT COMPLIANCE At the beginning of Segment 3, the contractor’s initial construction schedule did not show either of the two bridges over Bear Creek being constructed in the first Central Valley Flood Protection Board (CVFPB) construction season window. The contractor noted incomplete PG&E utility relocations near South Bear Creek Drive prevented them from starting on the CIDH pile foundations on the south side of Bear Creek and the embankment fill earthwork for Abutment 1, pushing the bridge construction to the second construction season. The schedule as submitted would have extended construction to the project funding expiration deadline, jeopardizing the County’s funding source. NV5 coordinated with PG&E to get the overhead line in conflict with the CIDH piles relocated three months ahead of schedule. Kramer also developed a workaround with the contractor for the earthwork for Abutment 1, allowing the fill to be placed and the specified settlement period to begin prior to completing the relocation of those PG&E facilities. This allowed the Bear Creek Left bridge to be constructed in the first construction season and maintained the original planned project completion date. In addition, NV5 coordinated with the CVFPB to obtain permission to leave the falsework rock pads along the creek slopes in place during the flood season. This eliminated the need for the contractor to remove and rebuild the falsework pads the following season, resulting in a cost and time credit to the County. •Bridge over Waterway
•Large Diameter CIDH Piles
•Rock Slope Protection
•Roadway Construction
•Regulatory Permit Compliance
•Traffic Control & Detours
•Pavement Delineation & Signage
City of Riverbank | CM Services for State Highway 108 (Callander Ave) Reconstruction and Crosswalk Project | P26524-0004525.00 13 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

ORGANIZATIONAL CHART
NV5’S TEAM
The Callander Avenue Reconstruction and Crosswalk project presents very specific challenges associated with constructing a new median crosswalk, widening the existing roadway and adding new curb gutter sidewalk as well as a new bike path. State Route 108 (Callander Avenue) is very busy and fronts up to businesses, a church and residential homes. Your construction management firm must be experienced providing safe and effective traffic handling, experience looking ahead at potential utility coordination and be familiar with requirements of funding funded project administration. And they must know Caltrans requirements and documentation inside and out.

The NV5 team has been specifically assembled to handle these challenges. We are made up of former Caltrans Resident Engineers and inspectors and a strong group of professionals that can resolve challenges before they become prolonged issues. We maintain a steadfast commitment to ensuring contractors fulfill their contractual obligations.

ORGANIZATIONAL CHART
LEGEND
NV5
BSK
Tully (DBE)
Key Staff *
10 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

QUALIFICATIONS OF KEY PERSONNEL
Information provided below is a brief description of our proposed staffs’ qualifications and experience. Additional information can be found on their resumes in the Appendix.

KEY PERSONNEL KEY PERSONNEL BIO RELEVANT PROJECTS

BRAD RIEL, PE
Principal-in-Charge
YEARS OF EXPERIENCE: 38
years
YEARS WITH NV5: 27 years
BS Civil Engineering -
University of California,
Berkeley
Professional Civil Engineer, CA
#C46810
•Over 35 years of experience on
roadway improvements
constructed to federal, State, and
local standards
•Former Caltrans Resident
Engineer & Structure
Representative
•Extensive experience within
Stanislaus County. Served as Project
Manager or Resident Engineer on
seven projects for roads, bridges and
highways
•Recently completed improvements
to the SR 99/ Fulkerth Interchange
for the City of Turlock
•McHenry Avenue Widening
•Fulkerth Avenue/SR99
Interchange
•HSIP Safety Improvements
Project
•Geer Road Intersection
Improvements
•Bentley and Warnerville Road
Reconstruction Project
•Intersection Improvements
at Claribel Road and Roselle
Avenue

TONY HOSAK
Assistant Resident Engineer,
Construction Inspector
YEARS OF EXPERIENCE: 30
years
YEARS WITH NV5: 5 years
Caltrans Certified Test
Methods: 504, 518, 533, 539,
540, 541, 547, and 557
ACI Concrete Field Testing
Technician – Grade 1
40 Hour Hazardous Waste
Operations and Emergency
Response (HAZWOPR)
•Over 30 years of roadway inspection
experience on
local agency and Caltrans standards.
•Experienced inspector for roadway
widenings, subgrades and paving;
curbs, gutters and storm drains;
traffic signals and signage;
intersections
•Former construction
superintendent on Caltrans
highway and structure projects
•McHenry Avenue Widening
•Campus Parkway Segments 2
and 3
•Various roadway construction,
reconstruction and rehabilitation
projects in Contra Costa County
11 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

HISTORY OF WORKING TOGETHER
When managing projects, team members’ prior collaborative experience is vital. This shared history yields a number of advantages, such as efficiency and cohesion, streamlined communication, enhanced problemsolving, increased accountability, and reduced risk.

The key team members at NV5 boast over 50 years of collective experience in effectively managing projects within the company. Our constant collaboration has been pivotal in the successful completion of numerous high-profile projects. Additionally, we have established strong partnerships with our subconsultants. Over the last 10 years, multiple team members have worked together on the following projects in the Central Valley.
•Hickman Road Bridge over Tuolumne River
•McHenry Avenue Widening
•SR 99/219 (Kiernan Ave) Interchange
•Veterans Boulevard Interchange
•Campus Parkway Segments 2 & 3
•Atwater Merced Expressway
•Hills Ferry Road Emergency Repairs
•Los Cerritos over Dry Creek Bridge Replacement
•Beltway Operational Improvements
•Belle Terrace Operational Improvements
Our team has repeatedly demonstrated our high-performance standards for multiple clients, a track record we are committed to maintaining to meet the County’s objectives.

COMMITMENT TO DBE GOALS
NV5 is honored to collaborate with two subconsultants, one of those is a reputable Disadvantaged Business Enterprises (DBE) firm. These partnerships go beyond mere goal fulfillment; they are rooted in years of mutual collaboration and trust, established on the basis of their expertise and demonstrated success.

These firms have earned their esteemed reputations, with both being familiar names within Stanislaus County. T h o u g h t h i s p r o j e c t d i d n o t h a v e a D B E u t i l i z a t i o n g o a l , N V 5 i s c o m m i t t e d t o a d v a n c i n g s m a l l b u s i n e s s a n d D B E o p p o r t u n i t i e s . We have Tully consulting providing SWPPP inspections for this project, providing 5% DBE participation. .

Our commitment to DBE inclusion is not just a promise; it’s a testament to our dedication to excellence and equitable partnerships.
12 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

RISK MATRIX
NV5 has identified key construction issues that could have potential impacts to both project cost and schedule as identified on the Risk Matrix below. The risk Probability is rated from 1 to 5, while the Cost and Time Impacts are rated from 1 to 16. The resultant Cost Score and Time Score give an indication of relative potential impact or interruption caused by each risk. This matrix is followed by our detailed approach to mitigate and address these challenges in the next section.

RED = High Risk YELLOW = Moderate Risk GREEN = Low Risk 13 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

PROJECT UNDERSTANDING
The State Highway 108 (Callander Avenue) Reconstruction & Crosswalk project is a federally funded project that will reconstruct SR 108 from just north of Topeka Street to just south of Santa Fe Street. Improvements will include minor highway widening, new median island and crosswalk including rapid flashing beacons, new curb, gutter and sidewalks as well as the addition of a separated bike path and sidewalk. Drainage improvements include a bioretention basin and moving several existing drain inlets.

These improvements are important for safe pedestrian and bike path interface with SR 108 traffic as well as provide connectivity to the existing pedestrian trail.

The project has been bid. The apparent low bid was $1,436,676.00 from United Pavement Maintenance, Inc. The project duration is 60 working days and is scheduled to start in July and be completed in October of this year.

PROJECT REQUIREMENTS, CONSTRAINTS AND CHALLENGES
The NV5 Team has identified several issues that likely will present significant management challenges to successful completion of the Callander Avenue Complete Street Improvement Project.

UTILITY RELOCATIONS
There are extensive existing utilities within the project limits. Relocating utilities will be one of the first items of work as these utilities are within the widening areas. Approximately two fire hydrants, several electrical pull boxes and vaults, cable boxes, drainage inlets and extensions are slated to be adjusted or moved by others. The Contractor is responsible to coordinate utilities to be moved by others.

Before work begins, the limits of work should be staked. NV5 will then walk the project limits to identify utilities to be relocated, identify any utilities that need to be relocated that are not shown on the plans and identify who owns each utility. We compile this information into a utility matrix in order to track through the duration of the project. The next step will be contacting each utility company regarding the work to be performed to or near their utility. Any work near the gas line will require a representative present during the work. Though it is the Contractors responsibility, our experience has proven that an early understanding of the utility company expectations and requirements helps to move the project along and avoid delays.

NV5 is well versed in working with utility companies to install new and relocate facilities while not interrupting and/or delaying the construction. For example, on the SR99/Pelandale Avenue Interchange project, NV5 successfully coordinated the relocation of overhead high voltage power lines, application and connection of multiple new power and DSL service agreements, Modesto Irrigation district points of connection, relocation of underground fiber optics lines that service critical facilities like California Highway Patrol and Kaiser Hospital and large diameter water lines for the City of Modesto.

PRESERVE RIGHT OF WAY
Much of the widening along Callander Avenue involves improvements that reconstruct on private drives and moving private landscaping, signage, and property delineation features. It is imperative that the City right of way limits are clearly demarcated. By staking the right of way limits prior to stage construction, accidental encroachments or improvements outside the project limits can be avoided. This helps the Contractor plan his work, determine access to complete the work and choose the best construction 14 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | methods in order to stay out of areas not part of the project.

For instance, the business sign at the corner of Topeka and Callander Avenue is located just behind the existing curb ramp. Improvement plans do not show this sign, but it appears that the new improvements may conflict. Another conflict in the same location is the private parking lot light pole that is not shown on the plans. The private light is 3.5 feet behind the current sidewalk. This pole will likely need to be removed or relocated for the planned improvements.

There are also 2 mailboxes that are not identified on the plans that will need to be relocated prior to work.

Identifying these items early allows the preparation of change orders to reimburse the Contractor for the work and allows the opportunit8y for the Contractor to provide a lump sum cost. Many times, if out of scope work is experienced during the work, the work is extra work at force account, or the Contractor is delayed while steps are taken to resolve the issue.

NV5 understands there is no room for error when encroaching onto private property. Improvements in the wrong location or incorrectly moving a property delineation feature can cause schedule delays and cost the project money. Our NV5 staff has managed projects just like the Callander Avenue Complete Street Project with sensitive work areas adjacent to private residential and commercial properties and has successfully completed the work and kept the property owners happy. This success is due to the early identification of the right of way limits and assessment of work that encroached near or into these limits. After the Right of way is delineated, we will walk the limits with the Contractor before the start of work and identify areas of conflict. By doing this early, we can coordinate resolution with the stakeholders without adversely affecting the Contractors schedule.

DIFFERING SITE CONDITIONS
NV5 is familiar with the sandy material and varying hardpan elevations throughout Stanislaus County. Due to the cracked and porous road conditions at tie in locations on Santa Fe and Topeka Streets, water has likely penetrated through the structural sections to the subgrade. This condition can lead to trapped water above the hardpan layers, which saturates the sandy material above it. Therefore, there is a reasonable probability of encountering unsuitable subgrade at various locations.

Knowing this, NV5 will be prepared to address unsuitable subgrade. Prior to construction, we will recommend pre-designed subgrade treatment plan alternatives for the City to consider. Having pre-approved stabilization plans in place will minimize delays. Also, if pre-approved stabilization plans are added to the bid documents, the City will capture an authentic competitive unit cost.

NV5 had this very issue on the Grant Line Road Widening Project in the City of Elk Grove. Unsuitable material was identified in our constructability reviews, so prior to construction, we agreed upon a revised section utilizing a geogrid and Class II aggregate base layers to bridge the subgrade. Having this stabilization plan in place prior to construction allowed work to continue and led us to completing critical traffic switches within the allowable times for full weekend road closures.

CALTRANS ACCEPTANCE
Since the project is on State Route 108 (Callander Avenue), one of the stakeholders is Caltrans. Since the project falls in Caltrans right of way and will have Caltrans oversight for the Federal Funding, it is crucial to administer the project per the Caltrans Local Assistance Manual (LAPM) to ensure audits are completed successfully and there is no risk of losing federal funding.

NV5 administers all out projects utilizing the LAPM manual. Our system has never failed an audit or jeopardized the funding of a project.
15 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

PUBLIC SAFETY, CONVENIENCE AND TRAFFIC HANDLING
Safety is always a top priority on our projects, but Callander Avenue provides access to not only residential areas but is well traveled by patrons of Bell Family Dentistry, St. Francis of Rome Knights of Columbus Church, and several nearby shopping nearby centers. In order to maintain access and public convenience to residential, business and community gathering places, the contract documents require one lane of traffic be open in each direction of travel at all times and that high strength concrete be used for concrete driveways in order to maintain access at all times and limits work hours from 8 AM to 4 PM Monday through Saturdays.

The NV5 Construction management team has extensive experience safely handling construction traffic on high volume local roads and freeways. Our proposed team recently completed the McHenry Widening Improvement project for Stanislaus County which required detailed traffic handling in order to provide work areas for the Contractor. In order to maintain safe passage through the site and minimize negative impacts to the traveling public we will do the following:
• Review both the designer provided, and contractor submitted traffic control plans for suitability and compliance with CA MUTCD requirements and devices.
• Enforce working hours and lane closure submittal requirements and approved plans. • Hold specific coordination meetings with the contractor prior to closing lanes or performing traffic switches
• Inspect traffic control devices and assure maintenance by the contractor on a daily basis • Develop protocol and contact list for contractor to respond to traffic related maintenance needs after hours and on weekends
• Issue public notices prior to major lane closures, traffic switches or detours.

MAINTAIN ACCESS TO PROPERTIES
The Callander Avenue Project impacts two residential streets, two residential driveways and two commercial driveways to the Church and parking lot. Access must be maintained to these driveways at all items.

NV5 understands the critical nature of this issue. We will address it with the contractor at the preconstruction conference. We will work with the contractor to develop a specific plan to make sure driveway and street access is maintained. It will require additional staging by the contractor to make this happen. We will also meet face-to-face with the property owners to inform them of any changes due to construction and to ensure their needs and concerns are met.

ADA COMPLIANCE
As part of the planned improvements, the City is adding a new pedestrian crossing. These improvements will involve new ADA curb ramps, sidewalks, and driveways. With NV5’s vast experience providing construction management services on various projects throughout the state, our familiarity with ADA requirements is unmatched. From full roundabouts to typical signalized intersections to retrofits of existing ADA facilities, each project presents its own set of challenges to comply with the stringent ADA requirements.
16 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | On the recent Crosswalk Improvements Project at Various Uncontrolled Intersections in Kern County, we monitored and inspected the reconstruction of over 200 curb ramps at 79 different intersections. The reconstructions included Case A, Case B, Case C, Case F, Case CM, and Case CH type curb ramps. The NV5 team followed these inspection and documentation procedures to ensure compliance with the ADA requirements and to protect the County in the case of any future claims.

NV5 follows Caltrans’ procedures for ensuring ADA compliance both during and after construction. Our construction management staff is currently involved with Caltrans “Temporary Pedestrian Access Routes Training” and certification. We will use Caltrans’ Temporary Pedestrian Access Routes Handbook to assist the contractor in accommodating pedestrians, particularly persons with disabilities, safely through and around work zones. We ensure the contractor follows the applicable sections of the Caltrans Standard Specifications to provide for public safety and temporary pedestrian access routes during construction.

Our field inspectors use the Caltrans CEM-5773 series of ADA inspection reports to inspect and document the curb ramp dimensions and slopes. The forms are then reviewed by the Resident Engineer for concurrence and signature. We provide the contractor personnel with copies of the ADA inspection reports for their use during construction and recommend they check their form work using the same measurements that we will ultimately be using to perform the final compliance inspection.

PROJECT APPROACH
The construction of public works improvements can be a complex endeavor – one that often requires creative problem solving. NV5 will bring creative approaches to minimize challenges on the State Route 108 (Callander Avenue) Reconstruction and Crosswalk project. To realize our overarching goal of seamless coordination and compliance with contract documents, we will focus on two ingredients essential to project success – effective communication between the City, our team, and project stakeholders, and a thorough understanding of the contract requirements. This approach will provide the framework for meeting the dayto-day challenges that normally arise on any construction project.

PROACTIVE COMMUNICATION
Brad and Tony will be the hub of communication between the stakeholders for your project. We believe that open and continual communication between all parties leads to claims avoidance, constructive solutions, and a better overall project. The Callander Avenue project affects many residents and business owners along the 500 feet of frontage during construction and it will be essential to discuss with the Contractor and project team key early submittals and utility coordination and associated work plans. It will be critical to provide accurate schedule information well in advance to those business owners, church and residence.

DRIVING THE PROJECT SCHEDULE
Construction is scheduled for completion within 60 working days. The project has been bid. United Pavement Maintenance, Inc., was the successful low bid at $1,436,676.00. It will be crucial to meet with the City of Riverbank and the Contractor to establish expectations for the duration of construction. NV5 will identify long lead time items and critical submittals that need to be submitted early. We will also work with the Contractor to meet with all the utility companies that have facilities in the project limits. By doing this, we can help the Contractor hit the ground running, assuring that the 60 working days will be filled with construction and no delays occur before starting work. 17 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

QUALITY ASSURANCE
NV5 takes a proactive project management approach by providing our team a set of construction management processes and procedures that allows us to manage construction projects effectively and efficiently. As the Resident Engineer, Brad will lead the quality assurance process. We want to know that you are satisfied with our performance, and confident with our assigned team. Throughout the duration of your project, he will remain in communication with you and regularly perform the following:
• Verify that the quality of construction meets the Designer’s plans and specifications • Ensure that field issues are resolved in a diplomatic and efficient manner to eliminate schedule delays, potential change orders and claims
• Meet with your project manager to verify that needs and requirements are being met while maintaining the construction management budget
• Audit the project files and field activities to verify that documentation is accurate, timely, complete and meets the City’s funding requirements
NV5 will monitor the contractor’s quality control program and will provide quality assurance sampling, testing, and inspections to verify the accuracy and compliance of the work. We keep logs to track items such as tests performed, samples taken, non-compliance reports, inspection and testing costs associated with non-compliant work, and material data submittals. Kramer and our inspectors will review the contractor’s weekly and daily schedules before work begins each day and will closely coordinate with the contractor to establish an understanding of the critical activities and work to be inspected. 18 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | NV5’S ELECTRONIC DAILY DIARY
Our project team uses cutting-edge tools for efficient construction project management and documentation. Our in-house- designed NV5 Construction Management Information System (CMIS) empowers our construction managers and inspectors with a practical tool to report construction contractor activities swiftly and comprehensively. The Electronic Daily Diary (EDD) report within CMIS, inspired by Caltrans’ Daily Diary, stands out as a pivotal innovation. This report, which includes a manpower sheet, narrative sheet, photo sheet, and contract item quantity sheet – all searchable by keyword – effectively prevents contractor claims by maintaining meticulous records.

With the EDD’s robust search functionality, our clients save time and money by instantly accessing project data for evaluating force account work and potential claims. CMIS also plays a crucial role in managing the contractor’s construction schedule, offering realtime insights into progress. It enables accurate assessments of monthly schedule updates. Additionally, CMIS allows County access to submittals, RFIs, daily reports with photos, and more, from any office location.

KEY BENEFITS
•User-friendly for inspectors, enabling reports from the field or office. •Ensures consistent diary formats across projects and inspectors. •Streamlines reporting by preloading contractor, equipment, worker, and pay item data.
•Automatically captures and stores daily weather conditions. •Easily records and accesses bid item quantities for accurate progress payments.
•Supports Extra Work at Force Account reporting.
•Centralizes project reference materials.
•Enhances collaboration among inspectors, saving time.
•Provides instant access to diaries for project management. •Empowers users with robust filtering and sorting capabilities.

CMIS doubles as our electronic document control system. Contractors can upload RFIs, submittals, and correspondence, with CMIS automatically managing distribution, reminders, and review timelines. This system serves as the central repository for weekly meeting agendas, minutes, field directives, change orders, and project correspondence. It also extracts daily diary quantities and generates quantity sheets and progress pay estimates. CMIS represents the future of paperless file management and facilitates tracking of the review and response processes throughout construction.

Example of CMIS Daily Diary
19 City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

APPENDIX

RESUMES
NV5.COM | Delivering Solutions — Improving Lives 1

BRAD RIEL, PE
Resident Engineer
Brad is a licensed engineer and construction structures representative with more than 35 years of experience (including 11 with Caltrans prior to joining NV5). Over his career, Brad has overseen over $600 million worth of infrastructure improvement projects, including water, bridge, highway, and roadway widening throughout California. Brad has overseen the construction of more than 60 bridges and has extensive experience with post-tensioned concrete bridges, construction staging, traffic control issues, and the placement of engineering fills.

He also has a thorough understanding of Caltrans standards and procedures through his experience working with Caltrans and on Caltrans facilities. As a former Caltrans structures representative, Brad is an expert on prestressed reinforced concrete structures. He has been formally trained in falsework design, trenching and shoring, concrete technology, and bridge deck construction.

Project Experience

MCHENRY ROAD WIDENING

STANISLAUS COUNTY
Project Manager and Resident Engineer for this project to improve the corridor to accommodate north/south interregional traffic between the cities of Modesto and Escalon and to State Highway 108 (McHenry Avenue/Patterson Road). The proposed improvements include two 12-foot lanes in each direction, 14-foot wide median, eight-foot shoulders/bike lanes, and curb gutter, and sidewalk. Existing drainage ditches and percolation drains will be replaced with drainage inlets and a piped gravity system that ultimately drains to a new basin to be constructed west of McHenry Avenue near Hogue Road. The reconstructed roadway will consist of three primary section improvements, including micro surfacing, full depth reclamation (FDR), cement-treated base, hot mix asphalt, and rubberized hot mix asphalt. The project also proposes to replace a 348.5-foot-long slab bridge with 186-foot long multiplate arch culvert. The existing bridge spans Dry Slough and a flood plain adjacent to the Stanislaus River. Brad is responsible for overall contract administration, source inspection and quality assurance, review, traffic control plans, and schedule and budget management.

INTERSECTION IMPROVEMENTS AT CLARIBEL ROAD AND ROSELLE AVENUE STANISLAUS COUNTY | MODESTO, CA
Principal-in-Charge for the Claribel Road and Roselle Avenue Intersection Project. The roads currently have only one lane in each direction and the intersection is controlled by a four-way stop sign. The improvements will widen Claribel Road to the north, Roselle Avenue to west, and overlay the existing pavement with three inches of hot mix asphalt. The widenings will accommodate dedicated turn pockets in all directions. The project also upgrades the intersection with a new traffic signal. Responsibilities include day-to-day inspection, documentation, and various construction management tasks, as well as assistance with public outreach.

GEER ROAD INTERSECTION IMPROVEMENTS

STANISLAUS COUNTY
Principal-in-Charge for the Geer Road Intersection Projects which included improvements to Geer Road/Santa Fe Avenue and Geer Road/Whitmore Avenue Intersections. The project includes the widening and reconstructing of several thousand feet of roadway including the addition of turn lanes, constructing new traffic signals at each intersection, upgrades to BNSF Railway facilities across Geer Road, installation of new traffic signs, striping and street lighting. The approximately 5,300 linear feet of roadway is constructed using FDR-C method. The project also required extensive utility coordination with ATT, PGE and TID. Existing ATT overhead lines and poles had to be relocated, and underground utilities such as PGE gas lines and TID irrigation lines had to be located, identified and protected prior to the FDR-C operation beginning. TID also installed 608 feet of new 30-inch irrigation pipe.

Responsibilities included overseeing the construction management activities and monitoring contract compliance as well as quality control and quality assurance processes and procedures. Also responsible for evaluating progress payments and schedule progress.

BENTLEY ROAD RECONSTRUCTION PROJECT

STANISLAUS COUNTY
Principal-in-Charge for the $3.2 million roadway reconstruction project. It included rebuilding 18,450 feet of Bentley Road using full depth reclamation (FDR) with a 5% cement blend. The limits of the reconstruction were from Milnes Road to Patterson Road.

EDUCATION
BS Civil Engineering - University
of California, Berkeley (1986)

EXPERIENCE
NV5: 24 years (1998)
TOTAL: 35 years (1987)

REGISTRATIONS
Registered Professional Engineer,
CA #C46810 (1991)
NV5.COM | Delivering Solutions — Improving Lives 2
The FDR base was overlaid with 3” of hot mix asphalt (HMA). After the paving was completed, shoulder backing was constructed along the both edges of the new HMA. The project was constructed in stages. Responsibilities included overseeing the construction management activities and monitoring contract compliance as well as quality control and quality assurance processes and procedures. Also responsible for evaluating progress payments and schedule progress.

INTERSECTION IMPROVEMENTS AT CLARIBEL ROAD AND ROSELLE AVENUE STANISLAUS COUNTY | MODESTO, CA
Principal-in-Charge for the Claribel Road and Roselle Avenue Intersection Project. The roads currently have only one lane in each direction and the intersection is controlled by a four-way stop sign. The improvements will widen Claribel Road to the north, Roselle Avenue to west, and overlay the existing pavement with three inches of hot mix asphalt. The widenings will accommodate dedicated turn pockets in all directions. The project also upgrades the intersection with a new traffic signal. Responsibilities included overseeing the construction management activities and monitoring contract compliance as well as quality control and quality assurance processes and procedures. Also responsible for evaluating progress payments and schedule progress.

SR 99/FULKERTH INTERCHANGE

CITY OF TURLOCK
Resident Engineer for this $11 million project is located at the Fulkerth Road and SR99. The work consisted of undercrossing and ramp widenings with new traffic signals at the ramp terminus. Construction tasks included earthwork, ground anchor retaining walls, Type 1 and Type 5 retaining walls, curbs, sidewalk, and storm drainage, hot mix asphalt, pavement delineation, and street lighting. Brad was responsible for overall contract administration, source inspection and quality assurance, review and independent analysis of excavation and shoring plans, ground anchor shop drawings and traffic control plans, and schedule and budget management. Coordinated multiple utility relocations, managed information between multiple adjacent projects and stake holders.

SR 99/219 (KIERNAN AVENUE) INTERCHANGE

STANISLAUS COUNTY
Structure Representative for the $27 million bridge replacement, freeway widening, interchange improvement, and pumping plant replacement project. The improvements will reconstruct the State Route 99/State Route 219 (Kiernan Avenue) interchange, replace the existing overcrossing spanning State Route 99, add four additional travel lanes to State Route 219 (Kiernan Avenue) within the project limits, and modify the existing interchange on-/off- ramps to and from State Route 99. The 7,750 gallons/per minute pumping plant was constructed 16 feet below the water table. Construction methods included sheet pile shoring, tiebacks, seal courses, and dewatering wells. Responsibilities include full turn-key construction management services. Responsible for constructability review and construction management services.

JACK TONE ROAD

SAN JOAQUIN COUNTY
Resident Engineer for the Jack Tone Road Grade Separation. Project consisted of 3,650 feet of roadway realignment, peripheral access improvements for adjacent property owners, and a new 713-foot-long by 43-foot-wide, cast-in-place, post-tensioned box girder bridge. The structure spans over Burlington Northern Santa Fe Railroad (BNSF), eliminating the existing at-grade crossing adjacent to the intermodal yard. The bridge also crosses the South Fork of Little John Creek. Therefore, biological and wetland issues were managed throughout construction.

GRANT LINE ROAD WIDENING, PHASE 1
TRAFFIC & TRANSPORTATION | ELK GROVE, CA
Resident Engineer for the $11 million roadway widening and railroad grade separation project, which included widening 5,000 feet of Grant Line Road from two to six lanes and constructing a 256-foot-long post-tensioned box girder bridge over UPRR tracks. A 24- inch-wide water transmission line was also installed along the length of the project.

TONY HOSAK
Construction Inspector/Structure Inspector
Tony Hosak has over 30 years of experience constructing and inspecting roads and highways, and heavy civil and structure construction projects.

He began his career as a Bridge Superintendent for various contractors in California, and over the last 10 years, he has served as Assistant Structure Representative for the Offices of Structure Construction in Caltrans Districts 4, 6 and 10. Tony’s experience has focused on the inspection and construction management of roads and highways, and new and retrofitted bridge projects. Throughout his career, he has maintained excellent relationships with utility owners and railroads to facilitate submittal reviews and inspections. His ability to quickly establish trust and camaraderie with utility and railroad representatives on-site has led to efficiencies on his projects.

Relevant Project Experience

MCHENRY ROAD WIDENING

STANISLAUS COUNTY
Construction/Structure Inspector for this project that improved the corridor to accommodate north/south interregional traffic between the cities of Modesto and Escalon and to State Highway 108 (McHenry Avenue/Patterson Road). Improvements include two 12-foot lanes in each direction, 14-foot wide median, eight-foot shoulders/bike lanes, and curb gutter, and sidewalk. Existing drainage ditches and percolation drains were replaced with drainage inlets and a piped gravity system that ultimately drains to a new basin constructed west of McHenry Avenue near Hogue Road. The reconstructed roadway consists of three primary section improvements, including micro surfacing, full depth reclamation (FDR), cement-treated base, hot mix asphalt, and rubberized hot mix asphalt. The project also replaced a 348.5-foot-long slab bridge with 186-foot long multiplate arch culvert. The existing bridge spanned Dry Slough and a flood plain adjacent to the Stanislaus River. Project Cost: $9.5M

CAMPUS PARKWAY, SEGMENT II

COUNTY OF MERCED
Structure Inspector for the $40M project that consisted of new roadway, two bridges over Bear Creek, a prefabricated pedestrians bridge at Olive Avenue and other smaller bridge structures. Roadway elements included HMA paving and overlay, signalized intersections, and utility coordination. Responsibilities included inspections of all phases of structural construction such as bridges, foundation, walls, falsework, shoring, and drainage structures, verify grade and alignment throughout all phases of construction, and coordinate sampling and testing of construction materials to monitor compliance with contract specifications and the Quality Assurance Program.Project Cost: $40M

CAMPUS PARKWAY, SEGMENT III

COUNTY OF MERCED
Structure Inspector for the $28.5M project which involves new roadway and bridge construction. The first item of work on this segment was the full removal and reconstruction of 2.5-miles of a two-lane County road to handle the detoured local traffic associated with the expressway construction. The reconstruction was completed in three separate stages to minimize impact to the traveling public. Each stage consisted of removal of the existing pavement, removal and replacement of unsuitable subgrade areas, placement of Class 2 AB section, and HMA paving. The project also included approximately 2.5 miles of new four-lane expressway including a total of 5 bridges, a signalized intersection, and two new roundabouts. ADA curb ramps were constructed at all intersections to connect pedestrians and bicyclists to the Class 1 bike path constructed adjacent to the expressway for the entire length of the project. Project Cost: $28.5M

BRIDGE, ROADWAY, STORM DRAIN, AND TRAFFIC SIGNALS

CONTRA COSTA COUNTY
Public Works Inspector for various Structures and Roadway projects. Projects involved bridge construction, SWPPP, and extensive ADA upgrades. Roadway work included roadway subgrades, paving, curbs, stormdrains, signage, bicycle/pedestrian paths, County permit inspections, and rock slope protection for bridges and creek improvements. This role involved extensive coordination with USACE, CDFG, and PG&E. Tony oversaw daily environmental and SWPPP compliance; performed inspection on County Bridges using Caltrans standards, roadways including paving, striping and signs, storm drain systems with outfall/dissipaters, traffic signals and general permit inspections; prepared daily reports and monthly progress pay item quantities. Project Cost: Varied by project
• Caltrans Certified Test Methods: 504, 518,
533, 539, 540, 541, 547, and 557.
• ACI Concrete Field-Testing Technician –
Grade 1 (exp. 3/9/2024)
• 40 Hour Hazardous Waste Operations and
Emergency Response (HAZWOPER)
NV5.COM | Delivering Solutions — Improving Lives

PAUL GILL
Construction Inspector
Paul Gill has 16 years of experience providing office engineering and inspection services for capital improvements, including highway and roadway projects designed and constructed to Caltrans standards. He is well versed in the construction practices of Caltrans and has a good working knowledge of the agency’s Standard Plans and Specifications and construction manual. Mr. Gill’s inspection experience includes SWPPP; asphalt concrete construction; curbs, gutters, and sidewalks; earthwork; traffic signals and lighting; landscaping; water treatment facilities; and building construction.

Mr. Gill is capable of assisting in all aspects of required field and office construction engineering work, including inspection of non-structural construction operations; inspection of traffic control system compliance; contract change order (CCO) preparation, review and analysis; and Water Pollution Control Program (Storm Water Pollution Prevention Plan) enforcement. He also is capable of reviewing, inspecting, and approving traffic control systems, including lane closures, in accordance with Caltrans’ standards and Plans.

Project Experience
tasks, as well as assistance with public outreach.

INTERSECTION IMPROVEMENTS AT CLARIBEL ROAD AND ROSELLE AVENUE STANISLAUS COUNTY | MODESTO, CA
Construction Inspector for the Claribel Road and Roselle Avenue Intersection Project. The roads currently have only one lane in each direction and the intersection is controlled by a four-way stop sign. The improvements will widen Claribel Road to the north, Roselle Avenue to west, and overlay the existing pavement with three inches of hot mix asphalt. The widenings will accommodate dedicated turn pockets in all directions. The project also upgrades the intersection with a new traffic signal.

Responsibilities include day-to-day inspection, documentation, and various construction management tasks, as well as assistance with public outreach.

WEST COUNTRY CLUB RECONSTRUCTION PHASE 8
SAN JOAQUIN COUNTY | STOCKTON, CA
Lead Construction Inspector for this 3 block residential street reconstruction. The project involved demolition of the sidewalk curb and gutter, structural section, HMA paving, raising manholes and water vales covers, reconstructing driveways and tying new sidewalk and gutters into existing. Paul was responsible for tracking the contractors daily activities, quantities and items of work, ensuring the improvements were built to construction plans and standards, weekly statement of working days, labor compliance, submittal review, RFI review, Change Order negotiations and keeping the County Resident Engineer informed of job progress.

STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE IMPROVEMENTS

CITY OF MODESTO
Construction Inspector for the $38 million construction project to build a new bridge over State Route 99, removal of the existing Pelandale overcrossing, construction of newly configured on- and off-ramps for northbound and southbound traffic improvements to the Salida Avenue Corridor, an extensive six-stage construction and traffic handling plan and detours on State Route 99 northbound and southbound on-ramps, new traffic signals at four intersections, multiple retaining walls, driven concrete foundation piles, and extensive utility relocations. Paul’s responsibilities included inspection services and field support during night shifts and round the clock work for traffic switches and detours; reviewing Contractor’s traffic management plans, review and submit request for closures per the lane closure charts to Caltrans LCS system for approval, monitor traffic control during night closures detours and traffic staging changes, calling in closures at start and completion to Caltrans TMC and verifying traffic control operations; verifying BMP’s for the Water Pollution Control Program; preparation of quantities, prepare daily diaries, and extra work reports

EDUCATION
• B.S. Mechanical Engineering –
California State University, Fresno
(2003)

JENNIFER WILLIAMS

OFFICE ENGINEER
Jennifer Williams is an accomplished project administrator with 18 years of experience providing office engineering, administrative support, and information technology support for capital improvement projects, including bridge and highway projects constructed to Caltrans standards. She is well versed in the construction practices of Caltrans and has a good working knowledge of the agency’s Standard Plans and Specifications, Construction Manual, and Local Assistance Procedures Manual. Jennifer is knowledgeable of and experienced with equipment used in construction office engineering; setting up and maintaining office files; processing required documents and progress payments; prevailing wage laws and regulations; monitoring and enforcing labor compliance; and subcontracting laws and policies.

Project Experience
SR 99/PELANDALE AVENUE INTERCHANGE
WATER/WASTEWATER | MODESTO, CA
Office Engineer for this $38 million construction of a two new bridges, one over State Route 99, the other a new radiused on ramp bridge, removal of the existing Pelandale overcrossing, construction of newly configured on- and off-ramps for northbound and southbound traffic improvements to the Salida Avenue Corridor, an extensive six-stage construction and traffic handling plan and detours on State Route 99 northbound and southbound on-ramps, new traffic signals at four intersections, multiple retaining walls, 618 driven concrete foundation piles, and extensive utility relocations SR 99/219 (KIERNAN AVENUE) INTERCHANGE

STANISLAUS COUNTY
Office engineer for the $25 million bridge replacement, freeway widening, interchange improvement, and pumping plant replacement project. The improvements will reconstruct the State Route 99/State Route 219 (Kiernan Avenue) interchange, add four additional travel lanes to State Route 219 (Kiernan Avenue) within the project limits, and modify the existing interchange on-/ off-ramps to and from State Route 99. The 7,750 gallons/per minute pumping plant was constructed 16 feet below the water table. Construction methods included sheet pile shoring, tie-backs, seal courses, and dewatering wells.

HICKMAN ROAD OVER THE TUOLUMNE RIVER BRIDGE REPLACEMENT PROJECT

STANISLAUS COUNTY
Office Engineer for this for this $18M bridge replacement. The replacement bridge consists of a five-span, 750-foot long cast-in-place (CIP) post-tensioned box girder with two 12-footwide travel lanes and two 8-foot-wide shoulders and one 5- foot wide sidewalk placed along the upstream edge. The new bridge is wide enough to accommodate two lanes of vehicular traffic plus safe pedestrian and bike access. It is supported by 10-foot diameter drilled-pile foundations up to 148 feet deep to address the ongoing degradation of the Tuolumne River channel. The new bridge will also carry a new waterline, gas line, and fiber optic telecommunication facilities.

MCHENRY ROAD WIDENING

STANISLAUS COUNTY, CA
Office Engineer for this project to improve the corridor to accommodate north/south interregional traffic between the cities of Modesto and Escalon and to State Highway 108 (McHenry Avenue/Patterson Road). The proposed improvements include two 12-foot lanes in each direction, 14-foot wide median, eight-foot shoulders/bike lanes, and curb gutter, and sidewalk. Existing drainage ditches and percolation drains will be replaced with drainage inlets and a piped gravity system that ultimately drains to a new basin to be constructed west of McHenry Avenue near Hogue Road. Jennifer assisted Brad with all aspects of contract administration.

EDUCATION
• BA, Computer Information
Systems – California
State University, Hayward
(1991)

RICHARD FELDMAN

SCHEDULER
Rich Feldman has 40 years of experience keeping projects on track. He has provided the full range of complex scheduling services for major transportation and capital improvement programs that require strict documentation and scheduling for funding and project accountability. His project portfolio features highway improvements designed and constructed to Caltrans’ standards, toll roads, airport terminals and runway extensions, and underground light rail stations. Project responsibilities have included the preparation of master project schedules; review of cost and resource loaded schedules; document control; cost estimating and cost control engineering; claims analysis; records management; and procedures writing. Mr. Feldman has indepth knowledge of and extensive experience in reviewing contractor schedules in accordance with Caltrans’ specifications. Many of the projects on which he has worked have required close coordination with multiple stakeholders and agency representatives during the conduct of schedule and cost analysis. He has prepared testimony and analysis for legal proceedings for construction claims litigation.

Relevant Project Experience

CAMPUS PARKWAY SEGMENT III
CITY OF MERCED | MERCED, CA
Project Scheduler for this $40.4 million new roadway and bridge construction from the new Connector Road (just north of Route 140) to Yosemite Avenue. Project includes new roadway, two bridges over Bear Creek, a prefabricated pedestrians bridge at Olive Avenue and other smaller bridge structures. The Bear Creek bridges require limited construction seasons to accommodate seasonal water levels and were key elements in a tight construction schedule limited by funding deadlines. Review of baseline schedule and subsequent meeting with Contractor was key in keeping the project on schedule by convincing contactor that removal of existing power line would not interfere with timing of bridge haystack construction at Bear Creek. Project responsibilities included review of baseline schedule, review of monthly update schedules and review of any Time Impact Analyses should such be submitted.

BELLE TERRACE OPERATIONAL IMPROVEMENTS PROJECT
CITY OF BAKERSFIELD | BAKERSFIELD, CA
Project Scheduler for this $42 million project which connects Highway 58 to the Westside Parkway to improve east-west travel across the City. This project replaced the existing Connector Bridge between Highway 58 and State Route 99 and the Belle Terrace Bridge over Highway 99. Roughly one mile of State Route 99 was widened with concrete pavement and partially resurfaced between Ming Avenue and Highway 58 East. During review of baseline schedule identified missing relationships between elements of bridge superstructure and substructure construction. Staging was revised during construction. Difficult tie-back wall construction required re-sequencing of tie-back wall and retaining wall construction and analysis of associated Time Impact Analyses. Project responsibilities included review of baseline schedule, review of monthly update schedules, analysis of contractor time impact analysis submittals and schedule delay analysis.

PELANDALE AVENUE INTERCHANGE RECONSTRUCTION
CITY OF MODESTO | MODESTO, CALIFORNIA
Project scheduler for the $38 million construction of a new bridge over State Route 99, removal of the existing Pelandale Overcrossing, construction of newly configured on- and off-ramps for northbound and southbound traffic improvements to the Salida Avenue Corridor, an extensive five-stage construction and traffic handling plan and detours on State Route 99 northbound and southbound on-ramps, new traffic signals at four intersections, multiple retaining walls (both standard Type 1 MSE designs), concrete piles, and extensive utility relocations on. Project responsibilities include review of the baseline schedule, review of monthly update schedules, analysis of contractor time impact analysis submittals, and schedule delay analysis.

EDUCATION
• BA Philosophy, California
State University, San
Diego (1971)

TRAINING
• Associated General
Contractors of California,
San Francisco District,
Construction Education
Committee
• Assistant Instructor
• Building Estimating
• Heavy Construction
• Estimating/Advanced
Estimating/and
Fundamentals of
Estimating
• Supervisory
Communication
• Planning & Scheduling
ROBIN TULLY, PE | Qualified SWPPP Developer, President and Civil Engineer Education
• BS, Environmental Resources
Engineering
Registrations / Certifications
• CA, Civil Engineer No. C64354
• Caltrans 24-Hour Storm Water
Pollution Prevention Training
• QSD / QSP Certification #503
• Title 22 Hazardous Materials
Training
• CASQA Trainer of Record
Areas of Expertise
• SWPPP Development
• QSD/QSP Inspection
• Erosion Control Design
experience
• Hydrology/water quality
monitoring experience
• Experience with Risk Level 1, 2
and 3 sites
• Experienced in the
preparation of grading,
drainage and erosion control
plans
• Competent in REAP
preparation and oversight of
environmental permits
• Experience with SMARTSNOI,
NOT, Ad Hoc, and Annual
Reporting requirements
Work History
• President, Tully Consulting
Group, 2005 to current –
specialize in grading, drainage,
erosion control and SWPPP
development/implementation
Robin Tully has 24 years of civil engineering and stormwater consulting experience. Her role in projects has ranged from Project Design Engineer, Project Manager to Qualified SWPPP Developer (QSD). She is familiar with sustainable site design, erosion control and water, sewer and stormwater. She has prepared Stormwater Pollution Prevention Plans and served as the QSD or QSP on several projects. Ms. Tully specializes in stormwater issues, erosion control, stormwater treatment, BMP design and SMARTS reporting.

Select Project Experience
San Joaquin County Roadway Rehabilitation Projects,
San Joaquin County, CA. Risk Level 1 and 2.

QSD/SWPPP Developer for the Construction Phase. Ms. Tully served as the QSD for the construction phase. This involved making sure that SWPPPs were prepared and that SMARTS applications are kept current such as NOI’s, Ad Hocs and Annual Reports. Ms. Tully also overseesthe QSP’s performing inspection on the projects over 1 acre ofsoil disturbance.

Grant Line Road Widening Phase 1, City of Elk Grove, CA. Risk Level 1.

QSD for Construction Oversight. Ms. Tully provided BMP inspection and SWPPP oversight on the construction management team. This involved making sure the contractor was held accountable with the contract for Stormwater Construction General Permit requirements. This also involved reviewing the Contractor’s SWPPP and SWPPP amendments.

Wastewater Treatment Plant Non Potable Water Reservoir, City of Brentwood, CA. Risk Level 2.

QSD/SWPPP Developer. Ms. Tully prepared the Temporary Erosion Control Drawings and Stormwater Pollution Prevention Plan for this project as part of the design team. The construction is for a new non potable water reservoir within the City’s wastewater treatment plant.

Oakland Eastbound Touchdown OTD-II – San Francisco Oakland Bay Bridge, Caltrans District 4, Oakland, CA. Risk Level 2.

Water Pollution Control Manager and QSD/SWPPP Developer. Ms. Tully served asthe Water Pollution Control Manager for the project and oversaw BMP implementation and monitoring. This project involved very strict water quality protection measures.

Kiernan Avenue and Route 99 Interchange, Salida, CA. Risk Level 2.

QSD for Construction Oversight. Ms. Tully provided BMP inspection and SWPPP oversight on the construction management team. This involved making sure the contractor was held accountable with the contract for Stormwater Construction General Permit requirements. Her work also was to assist with annual reporting for SMARTS.

BRANDON BOOK | Qualified SWPPP Practitioner
Brandon Book has over 6 years of stormwater inspection experience. He is competent in construction stormwater General Permit inspection and compliance. Recent experience includes work on Caltrans projects preparing REAPs, Inspection reports, sampling reports and SWPPP amendments. He has training in erosion and sediment control inspection, water quality monitoring, stormwater monitoring and hazardous waste handling.

Select Project Experience
The Lodge at Glen Cove, Glen Cove, Vallejo, CA, Risk Level 2. Stormwater Inspector, QSP. Mr. Book served as a primary QSP for the project and performed BMP inspections. Responsibilities involved completing inspections, providing Rain Event Action Plans, performing stormwater monitoring and keeping the SWPPP up to date.

Caltrans 04-4Q2604 Highway 84 Emergency Slide Repair, near Livermore, CA.

Risk Level 2.

Stormwater Inspector, QSP. Mr. Book served as a primary QSP for the project and performed BMP inspections. Responsibilities involved completing inspections, providing SWPPP training to the construction crew, providing Rain Event Action Plans, performing stormwater monitoring and keeping the SWPPP up to date.

Caltrans 04-4G0564 Route 680 Roadway Rehabilitation, Bridge Replacement, Retaining Walls and Toll System Installation, Fremont to Sunol, CA. Risk Level

2. Stormwater Inspector, QSP. Mr. Book served as the primary QSP for the project and performed BMP inspections. Responsibilities involved completing inspections, providing SWPPP training to the construction crew, providing Rain Event Action Plans, performing stormwater monitoring and keeping the SWPPP up to date.

Caltrans 04-0J5304 Highway 880 Patterson Slough Replace Bridge Deck and Approach Slabs, Union City, CA. Risk Level 2.

Stormwater Inspector, QSP. Mr. Book served as the primary QSP for the project and performed BMP inspections. Responsibilities involved completing inspections, providing SWPPP training to the construction crew, providing Rain Event Action Plans, performing stormwater monitoring and keeping the SWPPP up to date, and provided water quality monitoring and 401 permit compliance.

Caltrans 04-160304, Replace Bridge, Paving, Soil Nail Wall, Drainage & Restore Channel, Fremont, CA, Risk Level 3
Stormwater Inspector, QSP. Mr. Book served as the primary QSP for the project and performed BMP inspections. Responsibilities involved completing inspections, providing SWPPP training to the construction crew, providing Rain Event Action Plans, performing stormwater monitoring and keeping the SWPPP up to date, and provided water quality monitoring and 401 permit compliance.

Registrations / Certifications
• QSP Certification #27289
• CISEC Certification #2791
• Title 22 Hazardous Materials
Training
Areas of Expertise
• QSP Inspection
• Experience with Risk Level 1, 2
and 3 projects & LUP projects
• Competent in REAP
preparation and oversight of
environmental permits
• Experience with water quality
monitoring
Work History
• Stormwater Inspector II /
Project Manager, Tully
Consulting Group, 2017 to
current – specialize in QSP
services and water quality
monitoring
• Availability 50% to 100% for
this RFQ as needed
Michael Kibbey, EIT - Project Manager
Professional Background:

Mr. Kibbey has 15 years of experience in materials testing and special inspection services to include pavement, masonry, pre-cast concrete, earthwork, foundations, reinforcing steel, concrete, load testing of postinstalled anchors/dowels, structural steel, and welding. His portfolio of projects includes experience with Caltrans, roadways/highways, bridges, rail, soil nail, tie-back, and gravity walls, mass grading, deep and shallow foundations, Hot-Mix Asphalt pavements, and subsurface exploration.

Select Project Experience:

Stanislaus County, Crows Landing Road Bridge Replacement, Stanislaus County, CA – The 5-span structure is a cast-in-place concrete box girder bridge and constructed in two-stages to maintain two lanes of travel during construction.

Mr. Kibbey is currently serving as QA Project Manager. BSK’s services include observation, sampling, and field density testing of native subgrade, embankment/structural backfill, and aggregate base, concrete sampling and testing, hot mix asphalt (HMA) sampling and testing, as well as to assist with source inspection coordination and testing. All work is being performed in accordance with Caltrans and project special provision requirements.

Valley Transportation Authority, US 101/Blossom Hill Road Interchange Improvements, San Jose, CA – Mr. Kibbey served as QA Materials Testing Task Manager. In addition to constructing a new bridge over US 101, a new eastbound lane and widening of the US 101 southbound off ramp, the project also includes the construction of a Class I bicycle/pedestrian path through the interchange, a retaining wall, and a mechanically stabilized earth wall. BSK is supporting the project Resident Engineer with materials testing/special inspection and source inspection services to include quality assurance inspection and testing of hot-mix asphalt, structural concrete, earthwork, and field/shop welding, as well as source inspection of elastomeric bearing pads, pipe piles, welding rebar, prefabricated steel, and precast concrete.

Contra Costa Transportation Authority, State Route 4 Balfour Road Interchange Improvements and Bridges, Brentwood, CA – This project was a part of a $42.7 million-dollar construction project to improve safety and efficiency at this busy intersection in Brentwood. Mr. Kibbey served as Project Manager and Structure Materials Representative. The project scope included lowering Balfour Road and raising SR 4 to a primary precast pre-stressed (PC/PS) concrete overpass bridge. Two additional bridges were constructed over Deer Creek which were PC/PS and cast-in-place. Mr. Kibbey provided oversight to the coordination of source inspections, working directly with the Structure Representative and with the Caltrans oversight team on the Balfour segment, as well as helped develop the Source Inspection Quality Management Plan that was prepared specifically for the project.

Peninsula Corridor Joint Powers Board/Caltrain, 25th Avenue Grade Separation, San Mateo, CA – Mr.

Kibbey served as the Project Manager and primary point of contact for the materials testing team that provided QA materials testing/special inspections and source inspections. The new structures are founded on CIDH piles. Other improvements constructed for the project included cantilevered retaining walls and mechanically stabilized earth walls.

Qualifications
Registrations /
Certificates:

Engineer-in-Training
(E.I.T.), No. 128476, CA
Nuclear Density Gauge
Education:

BS, Civil Engineering,
California Polytechnic
State University, San Luis
Obispo, CA
Experience:

BSK Associates -
2021 to Current
Kleinfelder, Inc. -
2008 to 2021
Qualifications
Civil Engineer,
California, 59941
Radiation Safety and Use of
Nuclear Gauges
ACI Field Testing
Technician Grade I
ICC
Reinforced Concrete
Structural Masonry
Prestressed Concrete
Caltrans CTM 105, 106,
504, 518, 539, 540, 543,
556, 557
Education:

BS, Civil Engineering,
California State University,
Chico, 1994
Experience:

BSK Associates, 2008-
present
1996 – 2008, ENGEO Inc.,
Field Engineer, Project
Engineer, Laboratory
Manager,
1995 – 1996, A. Teichert &
Son Inc., Readymix Division
Quality Assurance Field
Technician
1994 – 1995, Construction
Testing & Engineering Inc.,
Field Engineer
1988 – 1996, California
Army National Guard
Combat Engineer
James K. Auser, PE – Senior Materials Engineer
Professional Background:

Mr. Auser has developed a significant amount of hands-on experience during his 27-year career in the construction industry. As a registered civil engineer, he provides significant levels of support to our clients in his role as project manager and responsible engineer. His project specific duties cover a wide range of services, including mix design preparation, job specification review and review of project construction submittals. He is the laboratory manager and provides quality control for BSK’s Livermore soils and materials testing laboratory, as well as engineering oversight for our field inspectors/technicians.

Mr. Auser specializes in concrete construction and their constituents, as well as in the development of specialty load test applications. He is flexible, creative and cost conscious in his engineering approach, and consistently works cooperatively with project teams at all levels.

Relevant Project Experience:

Holman Road Bridge Over Bear Creek, Stockton, CA - Mr. Auser is serving as Responsible Materials Engineer for the Holman Road Bridge over Bear Creek Project. Support for the project includes technical oversignt for BSK’s source inspection and materials testing services in accordance with Caltrans Standard Specifications.

Crows Landing Road Bridge Replacement Project, Stanislaus County, CA - Mr.

Auser is serving as Responsible Materials Engineer for BSK’s services to the Crows Landing Road Bridge Project. BSK serves as materials testing subconsultant to HDR for this federally funded, 723-foot, 5-span, post-tensioned box girder bridge replacement project that is being constructed in accordance with Caltrans Standard Specifications.

Stanislaus County, Santa Fe Road Bridge Replacement Project, Stanislaus County, California -- The $14.3 million bridge replacement project was necessary after the existing bridge was deemed to be functionally obsolete and was largely funded with federal and state funds. Mr. Auser serves as BSK’s Responsible Engineer for the earthwork, concrete, and reinforcing steel elements during construction.

Stanislaus County, 2018 Urban Pavement Preservation Project, Task Order for Materials Testing On-Call Services Contract, Stanislaus County, California -- The 2018 Urban Pavement Preservation Project consists of the application of rapid setting slurry and asphalt rubber chip seal on 17 miles of roadway in Stanislaus County. Mr. Auser serves as BSK’s Responsible Engineer for the earthwork, concrete, hot-mix asphalt pavement and slurry/chip seals during construction.

Stanislaus County, Warnerville Road and Bentley Road Roadway Reconstruction, Stanislaus County, California – Mr. Auser serves as the project’s Responsible Engineer. The project incorporates two methods of full-depth reclamation of existing materials (Lithtec and Cement Stabilization) along with Hot-Mix Asphalt pavement and chip seal application.

Randy Cortez – Materials Laboratory Manager
Professional Background:

Mr. Cortez’s nearly 18-year experience in laboratory testing encompasses a wide range of work including soils, asphalt, concrete, and steel. His number of certifications speak for themselves. His lab management experience includes various mobile laboratories in project ranging from district Caltrans labs to on-site airport laboratories. He has worked extensively with Marshall, Hveem, and Superpave pavement design methods and served on the pilot program in California for helping to introduce Superpave pavement technology to California.

Select Project Experience:

Crows Landing Road Bridge Replacement Project, Stanislaus County, CA - BSK served as materials testing subconsultant to HDR for this federally funded, 723- foot, 5-span, post-tensioned box girder bridge replacement project that was constructed in accordance with Caltrans Standard Specifications. Mr. Cortez serves as Materials Laboratory Manager for the earthwork, concrete, and hot-mix asphalt testing for the project.

Holman Road Bridge Over Bear Creek, Stockton, CA - Constructed in accordance with the 2018 Caltrans Standard Plans and Specifications, Mr. Cortez served as Materials Laboratory Manager for the Holman Road Bridge over Bear Creek Project. Support for the project includes the oversight, coordination, and testing of soils, concrete, welded reinforcement, couplers, and prestressing strands.

City of Manteca, Highway 120 and Union Road Diverging Diamond Interchange, Manteca, California, Project Manager - Mr. Cortez served as laboratory manager for BSK’s materials testing services to the project, including materials testing services for earthwork, hot-mix asphalt, reinforced concrete, and steel reinforcement products.

Calaveras County | Singletree Drive Bridge Project, Calaveras County, CA - Mr.

Cortez served as Lab Manager in support of the project which installed a new bridge at the existing low water crossing of Singletree Drive at Little Johns Creek.

The project was funded through the Federal Highway Bridge Program and included testing of earthwork, hot-mix asphalt, and structural concrete.

Calaveras County | Hogan Dam Road Bridge Replacement Project, Calaveras County, CA - Mr. Cortez provided laboratory testing services to this project which installed a new bridge at the existing low water crossing of Hogan Dam Road and Bear Creek. The $4.9 million project was funded through the Federal Highway Bridge Program and required support for earthwork including structure backfill, structural concrete and prefabricated concrete construction elements.

Stanislaus County | Santa Fe Road Bridge Replacement Project, Stanislaus County, CA - The $14.3 million bridge replacement project was necessary after the existing bridge was deemed to be functionally obsolete and was largely funded with federal and state funds. Mr. Cortez served as BSK’s lab manager for support to the earthwork, concrete, and steel elements during construction.

Qualifications
Certifications:

NICET Materials Soil
NICET Materials Concrete
NICET Materials Asphalt
NICET Geo Generalist
NICET Geo Construction
NICET Geo Laboratory
NICET Highway Materials
ACI -Concrete Field
Testing
ACI -Strength Testing
Nuclear Moisture/Density
Gauge
Nuclear Gauge Radiation
Safety Officer
OSHA 10-hour
Construction
Caltrans: 105, 106, 125,
201, 202, 205, 206, 207,
216,
217, 226, 227, 229, 234,
235, 301, 304, 308, 309,
366,367, 370, 371, 375,
382, 504, 518, 521, 523,
524, 533, 539, 540, 543,
552, 556, 557, LP-1, LP-2,
LP-3, LP-4, LP-5, LP-6, LP7, LP-9, and Superpave
AAHSTO and ASTM test
methods
Experience:

BSK Associates, 2016 to
Present
2014 – 2015, MTGL,
Anaheim Lab Manager,
2005 – 2013, Earth
Systems.

Senior Laboratory Tech III
Scott Orr – Senior Engineering Technician
Professional Background:

Mr. Orr has over 7 years of experience performing laboratory testing and field inspection of asphalt, soils, concrete and fireproofing. His primary focus includes field testing of soils, hot-mix asphalt pavement and concrete in accordance with Caltrans specifications and test methods. He also performs specialty testing including proof-load and torque testing. His materials testing laboratory experience includes performing strength testing of concrete, mortar, grout, shotcrete and CMU, as well as moisture-density relationship evaluation (curves), sieve analysis, sand equivalent and plasticity index testing for soils and aggregates.

Select Project Experience:

Holman Road Bridge Over Bear Creek, Stockton, CA - Constructed in accordance with the 2018 Caltrans Standard Plans and Specifications, Mr. Clark and BSK supported the the Holman Road Bridge over Bear Creek Project with materials testing and source inspection services. The project is a privately funded project that includes construction of a new 3 span cast-in-place, prestressed slab bridge, supported by cast-in-drilled-hole concrete piles. Mr. Clark served as one of BSK’s primary materials testing technicians on the project providing sampling and testing of earthwork and concrete.

Crows Landing Road Bridge Replacement Project, Stanislaus County, CA - BSK served as materials testing subconsultant to HDR for this federally funded, 723-foot, 5-span, post-tensioned box girder bridge replacement project that was constructed in accordance with Caltrans Standard Specifications. Mr. Orr served as lead materials tester for support to the earthwork and concrete elements during construction.

State Route 120/Union Road Diverging Diamond Interchange, City of Manteca, Manteca, CA (2019 2020) - Engineering Technician – This project is a Type L-9 interchange which will replace the existing two-lane bridge with over SR 120 with a Diverging Diamond Interchange. BSK provided quality assurance materials testing services to the project Resident Engineer. Quality Assurance testing includes soils, aggregate base, hot-mix asphalt, and concrete, as well as Source Inspection for structural elements. The Source Inspection scope includes prefabricated concrete and steel items, as well as anchorage, reinforcing steel and prestressing tendons.

Stanislaus County, Warnerville Road and Bentley Road Roadway Reconstruction, Stanislaus County, California -- Primary field materials testing services are being provided by Mr. Orr for this task order to BSK’s materials testing on-call contract with the County. The project incorporates two methods of fulldepth reclamation of existing materials (Lithtec and Cement Stabilization) on Warnerville and Bentley Roads, along with Hot-Mix Asphalt pavement and chip seal application. Concrete field testing included sample fabrication, air content, unit weight, temperature and slump measurements.

Stanislaus County, Santa Fe Road Bridge Replacement Project, Stanislaus County, California -- The $14.3 million bridge replacement project was necessary after the existing bridge was deemed to be functionally obsolete and was largely funded with federal and state funds. Mr. Orr serves as BSK’s primary materials tester for support to the earthwork, concrete, and reinforcing steel elements during construction.

Qualifications
Registrations /
Certificates:

Caltrans CTM 105,
106, 216, 231, 375,
504, 518, 539, 540,
543, 552, 556, 557
ACI Concrete Field
Technician Grade I
CPN Nuclear Gauge
Operator
Education:

Las Positas / Chabot
Community College,
Livermore, California
Experience:

BSK Associates-2016
to Current
City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

APPENDIX

DETAILED SCOPE OF SERVICE
City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

SCOPE OF SERVICES
Task 1: Construction Management Services During Construction

2.0 Review Final Contract Documents
During the pre-construction phase, the entire NV5 CM team will review the contract documents, including the plans, specifications, engineer's estimate, schedule, RE pending file, Environmental Permits, Geotechnical Report, and any other agreements. Our review will identify required submittals, order of work, any schedule constraints, restricted work windows and overall contract requirements. Any findings of this review will be compiled in a review log by the Resident Engineer and shared with the City and O’Dell Engineering. The Resident Engineer will track these comments until they are resolved. Once the review comments have been addressed, several potential activities may be conducted to minimize risk or save money, time or enhance safety or public convenience. These activities may include the following:
• Hold smaller internal meetings prior to the pre-construction meeting to gain a deeper understanding of the City’s needs and discuss the findings of the project document review.
• Early coordination meetings with third-party stakeholders.

These coordination activities will be undertaken by the Resident Engineer. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction.

2.1 Preconstruction Meeting
The NV5 Team will coordinate and lead a preconstruction conference with the construction Contractor, the City and other stakeholders after contract approval and before start of work to review the project and discuss coordination efforts. This meeting will be used to establish managerial and administrative procedures with the Contractor to ensure efficient startup and execution of the project. This is also an opportunity to exchange important submittal timelines, establish the point of contact for the Contractor and the City and create a complete contact list. The NV5 Team will prepare and distribute an agenda and meeting minutes.

2.2 Mobilization
The NV5 Team will collaborate with the Contractor in before work starts to establish meeting time and locations on or near the project site to discuss work on a daily basis and perform weekly progress meetings. Our office engineer will set up a share file for all project documentation.

City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

2.3 Project Coordination & Correspondence

2.3.1 Coordination with Stakeholders
NV5 will serve as the lead for communicating and coordinating with the Contractor, utility companies and other agencies. We will keep all parties informed of contractual issues, construction progress, and project needs and take the lead in resolving field issues. We also coordinate construction staking and material testing.

2.3.2 Interaction with City Staff and Designer
Team interaction with these groups is a primary function of construction management services. For the project to run smoothly, the NV5 Resident Engineer, Brad Riel, and will serve as the focal point for coordination with the City, O’Dell Engineering, Contractors, surveyors, materials testers, water agencies, and utility companies.

2.3.3 Review City/Contractor Correspondence
NV5’s Resident Engineer will constantly remain engaged in dialogue between the City’s Project Manager and the Contractor. When necessary, Brad will take the lead on discussions with the Contractor regarding questions pertaining to the project.

2.3.4 Progress Meetings
The NV5 Team will hold weekly progress meetings with the construction Contractor to review construction progress and discuss his upcoming two-week schedule. We will record and distribute minutes of the meetings, assigning action items, responsibilities, and documenting project trends. The NV5 Team will keep minutes and submit them weekly to the City.

2.3.5 Labor Compliance
NV5 will receive and review all certified payrolls from the contractor and each of its subcontractors, as required in Section 7 of the State Standard Specifications. We will conduct contractor and subcontractor interviews following City, State, and Federal guidelines, check the contractor’s and subcontractor’s statements of compliance, check wages for each classification of laborer or craftsperson, and verify apprentice utilization. The NV5 Team will notify the City and the contractor of all discrepancies or errors and request a corrected certified payroll. If errors or omissions persist, NV5 will enforce allowable payment withholds until compliance is met.

2.4 Schedule Management, Progress Meetings, and Reports

2.4.1 Schedule Review
The Resident Engineer will review the contractor’s baseline schedule and schedule updates as required by the project’s specifications. The baseline schedule analysis will include a determination of whether the critical path is correct, the activity durations are reasonable, the interrelation between activities is accurate, all permit restrictions and work-windows are represented, and the overall logic is realistic. Once the baseline schedule is approved, it will serve as the initial blueprint of the contractor’s approach to City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | constructing the project. We will use the baseline schedule to evaluate potential delays and workaround strategies to mitigate delay impacts.

Monthly schedule updates will be reviewed for accuracy against the project records such as daily diaries, project logs, and other documentation. In addition, we will confirm that weather days, contract change orders, and work re-sequencing has been included so that impacts to the critical path can be accurately assessed.

The Resident Engineer will also prepare the Weekly Statement of Working Days as a record of weather conditions, controlling activities, and the status of working days remaining on a weekly basis. A copy will be sent to the contractor to allow them an opportunity to dispute the statement.

2.4.2 Monthly Progress Report
The NV5 Team will prepare and submit a monthly status report to the City Project Manager.

The report will include the progress to date; status of submittals and change orders; potential claims; project issues; summary of working days; and progress pay estimates.

2.5 Payment Recommendations

2.5.1 Review Schedule of Values
NV5 will review the Contractor’s schedule of values for all lump sum bid items, as required by the project specifications. We will review for accuracy, completeness, and reasonableness relative to overall cost vs. the individual element that make up the total lump sum. The approved values will be used for monthly progress payments and negotiating contract prices that affect lump sum items.

2.5.2 Monthly Progress Payments Recommendations
The NV5 Team will prepare and submit monthly progress payments to the City Project Manager.

All individual contract pay items will be separately categorized and monitored during construction. Each item will be measured in accordance with the project specifications for the monthly payment. Our system of tracking and documenting allows for continual appraisal of quantities completed by the Contractor which enables tracking of money spent and the percentage of work completed to date. It provides a comprehensive record of progress and completion of each portion of construction. Any quantity discrepancies with the Contractor’s estimate can be readily assessed and rectified. Moreover, contract item over- and under-runs will be evaluated to determine appropriate cost adjustments. Each month the final progress pay estimate will be submitted to the City’s Project Manager for processing.

City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

2.6 Requests for Information (RFI) and Material Submittals

2.6.1 RFI Management
The NV5 Team will manage Contractor-requested design clarifications during construction. The status of RFIs will be tracked in our RFI log. The NV5 Team will review and provide a response when appropriate. RFIs which might impact the design intent will be submitted to O’Dell Engineering and/or the City. If necessary, we will conduct meetings with the Contractor and other parties to discuss and resolve RFIs.

2.6.2 Submittal Management
Contract provisions identify specific items to be provided by the Contractor which are subject to review. When we receive submittals from the Contractor, they will be logged in by date of receipt. The NV5 Team will then review these submittals and forward them to O’Dell Engineering, and/or the City when appropriate. If necessary, we will conduct meetings with the Contractor and other parties to discuss the more complex submittals.

2.7 Contract Change Orders (CCOs)
The NV5 Team will review, analyze, negotiate, recommend, and prepare contract change orders and cost reduction incentive proposals. This will include coordination with City Project Manager for recommended revisions and ultimate approval. If change order work must begin prior to the execution of the CCO, the NV5 Team will prepare a Field Order on the first day and submit it to the Contractor and the City. The change order document will be prepared immediately following the Field Order, with input from O’Dell Engineering, as necessary.

Change order work will then be tracked in the field and documented to substantiate accurate payment to the Contractor.

2.8 Construction Observation/Inspection Services

2.8.1 Field Inspection Documentation
The NV5 Team serves as the front line of quality assurance of the Contractor’s work, and acts as the eyes and ears for identifying potential problems such as conflicts, schedule issues, and design ambiguities before they occur. Primary inspection services will include the following:
• Provide day-to-day written inspection reports on all activities performed by the Contractor.
• Determine whether work complies with the contract documents, City’s standards, Caltrans’ requirements, and project permits, and approve/reject work accordingly. • Document work performed, manpower, and extra work through daily diaries. • Verify that the contractor is implementing the safety plan and safe practices in accordance with Cal/OSHA regulations.
• Schedule quality assurance material testing with the testing laboratory, and coordinate corrective measures, as required, for failing materials. • Identify any potential flaws in the constructed product and provide feedback on proposed remedial action from the contractor.

City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | • Perform quantity calculations based on completed work for progress payments. • Take progress photos of the work and field conditions. • Maintain punch lists used to facilitate a final inspection with the City Project Manager.

2.8.2 Daily Quantities
Daily diaries will be the core of the project documentation. The diaries will include activities performed, Contractor personnel and equipment used on the project, and important conversations and decisions. Additionally, the diaries will include daily measurements of bid items completed. This data will be used to prepare the Contractor’s progress payments. The Resident Engineer will review these diaries and summarize the information in the monthly status reports.

2.9 Claims Management
The NV5 Team will take the lead in the resolution of any contract claims for this project during the construction contract period. We will manage potential claims in accordance with the requirements as addressed in the Caltrans Standard Specifications. This includes corresponding with the Contractor, tracking dates, providing claims administration, assembling supporting evidence, and preparing documents. We will draft position papers and be available to present the City position through the City’s claims process. The NV5 Team will also be available to provide additional claims resolution support if further action is required.

Claim resolution work, if necessary, is typically handled in the post-construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time.

2.10 Record Drawings
NV5 will meet with the Contractor monthly to compare the as-built drawings. These drawings kept by the Contractor shall include all field changes and as-built conditions. A set of as-built drawings will be maintained in the construction field office by NV5.

2.11 Project Coordination and Correspondence

2.11.1 Coordination with Contractor, Utility Companies and Specialty Services NV5 will serve as the lead for communicating and coordinating with the Contractor, utility companies and third-party stakeholders, such as Caltrans and the City of Riverbank. NV5 will review the Contractor’s baseline schedule to identify conflicts with staging and traffic management plans.

We will keep all parties informed of contractual issues, construction progress, and project needs and take the lead in resolving field issues.

2.11.2 Review Traffic Management Plans
NV5 will review traffic management plans and staging for potential conflict and adjacent or nearby projects that are already under construction. We will analyze traffic management plan conflicts between projects and recommend revisions to project construction baseline schedules as necessary to reduce the length of temporary impacts during construction to traffic. We will also perform delay analysis of critical path items.

City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM |

2.12 Certified Laboratory for Soils/Materials Testing
The NV5 Team includes BSK Associates for materials testing support. They will follow the Caltrans Construction Manual for testing materials incorporated into the work. Materials will either be tested in the field or will come in the form of manufactured materials. BSK’s Caltrans certified Lab is in Tracy which is less than 50 miles from the bridge. Material will be accepted for use in the work as follows:

FIELD MATERIALS TESTING: Materials testing will include material compliance sampling and testing per project specifications, the Stanislaus County Quality Assurance Program (QAP) Manual, and the Caltrans Construction Manual “Frequency Tables.” Anticipated field materials are as follows:
• Roadway Excavation and Import Borrow
• Structure Backfill (drainage systems)
• Aggregate Base
• Hot Mix Asphalt Pavement
MANUFACTURED MATERIALS: Manufactured materials will be accepted based upon the project’s Source Inspection Quality Management Plan (SIQMP). According to the SIQMP, materials will be released based on either source inspection, field inspection, manufacturer’s data sheets, and/or certificates of compliance. BSK will perform all required source inspections. The Resident Engineer will confirm that all materials have been inspected and released in accordance with the project specifications and the SIQMP. Some of the anticipated manufactured materials include:
• Light poles
• Rebar
Task 7 – Construction Surveying
Construction staking required for construction is to be provided by the City’s surveyor. NV5 will manage and provide coordination with the City’s surveyor for all construction survey services.

We will keep a log of survey requests and check if areas are ready when the requests are submitted by the Contractor.

Task 8 Storm Water Pollution Prevention Plan (SWPPP)
While SWPPP compliance is the Contractor’s responsibility, NV5’s subconsultant, Tully Consulting Group, will provide a Qualified SWPPP Developer (QSD) and Practitioner (QSP) on the team to verify that the Contractor’s implementation of the SWPPP has been implemented, inspected and reported in accordance with the State Water Resources Control Board’s (SWRCB) General Construction Permit (GCP). SWPPP monitoring items include:
• Review Contractor’s SWPPP for the Risk Level 2 project. • Verifying Contractor has taken responsibility for the SWPPP in the SMARTS system. • Verify appropriate and effective BMPs are in place by performing weekly SWPPP oversight inspections.

City of Riverbank| CM Services for State Highway 108 (Callander Avenue) | P26524-0004525.00 NV5.COM | • Document ineffective BMPs and recommend changes.
• Verify the Contractor’s inspections, documentation and sampling are in accordance with the 2022 GCP.
• Verify work activities are following the current SWPPP, and if they are not, verify that a SWPPP amendment is created and submitted in the SMARTS system. • Verify illicit discharges, if any, are reported.
• Verify annual report has been filed on the SMARTS system.

Task 9 Other Services
For your consideration, the following tasks are optional services that we typically include in some of the more complex projects that we oversee.

9.1 Claims Assistance
The NV5 Team will be available to provide additional claims resolution support if further action is required after project close-out. Claims resolution work, if any, is typically performed in the post construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time.

Task 10 Post Construction Services (Close Out) Claims)

10.1 Perform Final Inspection
Items to be corrected or furnished by the Contractor before project acceptance will be put in the form of a punch list as the work nears completion. The NV5 Team will conduct a final inspection with representatives of the City and the Contractor before acceptance of the project.

10.2 Receive Record Drawings
Deviations from the design drawings during construction will be noted as they occur on a set of as-built drawings kept by the Contractor. The NV5 Team will review the individual marked up as-built plans as provided by the Contractor and compile these drawings. These revisions will be documented on one marked up copy of the project plans and provided to O’Dell Engineering for preparation of the final record drawings.

10.3 Prepare Final Pay Request
After project acceptance, the NV5 Team will prepare a proposed final estimate (PFE) to allow the Contractor to make exceptions to the final amount of compensation. Prior to submitting the PFE, we will meet with the Contractor to attempt to agree on final payment for all contract items and change orders. If the Contractor still objects to the PFE, we will assist the City in negotiating final payment with the Contractor and processing the final estimate.

10.4 Prepare Final Reports & Deliver Project Files
Following completion of work, the NV5 Team will assist the City with completing the necessary final reports as indicated in Chapter 17, “Project Completion” of the Caltrans Local Assistance Procedures Manual. All project files will then be delivered to the City.

ATTACHMENT 3

Item 10.1 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: July 23, 2024
Subject: First Reading by Title Only and Introduction of Proposed Ordinance Amending Sections 120.60 and 120.62 and Adding Section 120.63 to Chapter 120, Cannabis Regulations of Title XI, Business Regulations, of the Riverbank Code of
Ordinances Related to the Appeal of Administrative Penalties for Cannabis Regulations
From: Marisela H. Garcia, City Manager
Submitted by: Joshua E. Mann, Director of Community Development

RECOMMENDATION
It is recommended that the City Council conduct the public hearing for the first reading of the proposed ordinance, waive further reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Riverbank amending Section 120.60 and 120.62 and adding Section 120.63 of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Code of Ordinances related to the appeal of administrative penalties for violations of cannabis regulations.

BACKGROUND / SUMMARY:

On August 22, 2017, the City of Riverbank (“City”) adopted Ordinance No. 2017-007, which added “Chapter 120: Cannabis Regulations” (“Cannabis Regulations”) to Title XI, Business Regulations to the Riverbank Code of Ordinances (the “Municipal Code”). The Cannabis Regulations govern cannabis cultivation in the City for personal use and for commercial purposes, including commercial cannabis cultivation, cannabis testing laboratories, cannabis dispensaries, and cannabis delivery. The Cannabis Regulations also contain provisions governing enforcement and appeals pursuant to Chapter 120.

Since 2021, there have been at least seven (7) instances where residential properties in the City were used to house large-scale illegal cannabis growing operations. Typically, when law enforcement officers raid the properties, City code enforcement officials cite

Item 10.1 – CC/LRA 07/23/2024
the property owners under Section 120.61(D) of the Municipal Code, with administrative penalties assessed at One Thousand dollars ($1,000) per plant for each plant present on the property that violates the code. Deputies have seized hundreds of illegal cannabis plants from these growing operations, resulting in large citations, including, for example, citations in the amount of Five Hundred and Twenty-Seven Thousand dollars ($527,000), Four Hundred and Twenty Thousand dollars ($420,000), and Two Hundred and Ninety-Six Thousand dollars ($296,000). The properties usually contain numerous other violations of building codes, Health and Safety code, and related structural violations caused by the illegal growing operations at the properties, leaving them uninhabitable. Where the properties are determined to be uninhabitable, utilities are turned off after the raids and the houses are red tagged.

The offenders operating these illegal cannabis grow houses do not apply for cultivation permits. Currently, therefore, these citations are not subject to the appeal procedures established under Section 120.60, under which permit applicants may appeal any adverse actions taken with respect to their applications to the City Council. Instead, section 120.61, subd. (A) declares these violations to be a “public nuisance,” which makes the citations appealable under the procedures established under Chapter 98, section 98.18, for appeals of administrative citations based on nuisance violations.

With the citations reaching such high dollar amounts and involving complex factual backgrounds, it has become necessary to update Chapter 120 of the municipal code to provide procedures for the appeals of these citations, to better address these specific issues, ensuring that appeals of all citations issued under the Cannabis Regulations follow the same procedure.

ANALYSIS:

The proposed ordinance establishes an appeals procedure for all administrative penalties assessed for violations of the Cannabis Regulations. The proposed ordinance also clarifies the cost recovery portions of the Cannabis Regulations and moves those provisions to a new section to allow for the new appeal procedure for all administrative penalties assessed for violations of the Cannabis Regulations. There would be four primary changes:
(1) Any appeal challenging the imposition of penalties under the Cannabis Regulations would be heard by a neutral hearing officer. (2) The proposed ordinance would establish procedures for filing appeals, conducting appeal hearings, and issuing orders after the hearings. (3) The City would be permitted to recover its attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance under this chapter 120 where it is the prevailing party, consistent with and to the fullest extent allowed under California Government Code section 38773.5.

Item 10.1 – CC/LRA 07/23/2024
(4) The definition of “responsible party” under section 120.62, subdivision (C)(3) would be amended to specifically include property owners.

Given the large dollar amounts associated with administrative penalties historically imposed, parties cited for violations of Chapter 120 have incentive to retain counsel and raise legal arguments at their appeal hearing. The arguments often turn on whether the property owners should be held liable under Chapter 120. Among other arguments, landlords can blame their tenants for the violations or point to a lease provision prohibiting illegal activity to argue that they should not be responsible for the fines. A Hearing Officer, such as an attorney, is better equipped to resolve such legal issues than the Planning Commission or City Council. Furthermore, appointing a neutral hearing officer allows the City Attorney to advocate on the City’s behalf at the hearing.

Therefore, an updated appeals procedure ensures both individuals who have been cited and the City have an efficient means to achieve due process related to the administrative penalties assessed under Chapter 120.

The proposed ordinance also clearly establishes the procedural requirements that must be met in order to successfully file an appeal. One requirement is paying a deposit, subject to a hardship waiver provision. Paying an advance deposit is required in the City’s appeals procedures regarding fireworks violations and is a useful tool to address the cost of holding the administrative hearing.

Finally, these revisions clarify the cost recovery provision to ensure the City may recover its costs incurred in enforcing this provision, including attorneys’ fees, as permitted under California Government Code section 38773.5, and expands the definition of “responsible parties” to expressly include property owners. These changes make Section 120.63 consistent with the public nuisance provisions of Chapter 98, which expressly includes property owners.

ALTERNATIVES:

The City Council may choose to do any of the following:

1. Introduce the Ordinance for first reading;

2. Continue the item to a later meeting of the City Council and provide direction to staff for any changes; or

3. Reject the Ordinance.

Item 10.1 – CC/LRA 07/23/2024
ENVIRONMENTAL DETERMINATION:

Pursuant to Section 15061(b)(3) and/or Section 15378(b)(5) of the California Public Resource Code, the Community Development Department has determined that the proposed Code amendment is not a Project for purposes of the California Environmental Quality Act (CEQA). The proposed Code amendment modifies administrative procedures for the processing of appeals and has no effect on the land use regulation of the physical environment.

FINANCIAL IMPACT:

Neutral hearing officers would be used only when requested on a per-hearing basis, for which the City will incur costs. While actual costs will vary, to date, only one appeals hearing has been filed under the Cannabis Regulation which resulted in a considerable cost to the City. The proposed ordinance provides for the City to recover its costs where it is a prevailing party in the matter. Future hearings are unlikely to have a significant financial impact.

ATTACHMENTS:

1. CC Ordinance 2024-

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-

CITY OF RIVERBANK
ORDINANCE 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA, AMENDING SECTION 120.60, PERMIT APPEALS PROCEDURE, SECTION 120.62, ADMINISTRATIVE PENALTY APPEALS PROCEDURE, AND ADDING SECTION 120.63. COST RECOVERY TO CHAPTER 120, CANNABIS

REGULATIONS OF TITLE XI, BUSINESS REGULATION, OF THE RIVERBANK

CODE OF ORDINANCES RELATED TO CANNABIS BUSINESS CITATIONS WHEREAS, in 2017, pursuant to a statewide voter initiative, the State of California enacted the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which is codified in Business and Professions Code Sections 26000 to 26260; and WHEREAS, the stated purpose of MAUCRSA was “to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale” of medicinal and adult-use cannabis, and to set forth “the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry”; and WHEREAS, MAUCRSA explicitly provides that it “shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction”; and
WHEREAS, MAUCRSA further provides that it “shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements”; and
WHEREAS, on August 22, 2017, the City of Riverbank (“City”) adopted Ordinance No. 2017-007, which added “Chapter 120: Cannabis Regulations” (“Cannabis Regulations”) to Title XI, Business Regulations to the City’s Municipal Code (“Municipal Code”); and
WHEREAS, the stated purpose of the City’s Cannabis Regulations is “to encourage responsible, personal, and commercial cannabis activities and to discourage violations of related state laws, especially those that prohibit the sale, use, or distribution of cannabis and cannabis products to minors”; and
ATTACHMENT1

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
WHEREAS, since enacting the City’s Cannabis Regulations in 2017, the appeals procedure under Chapter 120 has proven difficult to administer and requires amendment to streamline the process for the appeal of administrative penalties; and WHEREAS, the amendments will clarify and streamline the appeals of administrative citations related to the City’s Cannabis Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 120.60, Appeals Procedure, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 120.60 that shall read as follows:
§ 120.60 PERMIT APPEALS PROCEDURE
(A) Any permit applicant may appeal any adverse decision taken with respect to a permit application under this chapter to the City Council. (B) Appeals of adverse decisions related to permit applications must be taken within thirty (30) days after the adverse action by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council from time to time.
(C)The City Clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five (5) days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

SECTION 2. Section 120.62, Cost Recovery, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, of the Riverbank Municipal Code shall be repealed in its entirety and replaced with a new section 120.62 that shall read as follows:

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
§ 120.62 ADMINISTRATIVE PENALTY APPEALS PROCEDURE
(A) Administrative penalties issued under this chapter may be appealed as follows:
(1) Request for Appeal Hearing; Any person, corporation, entity, or responsible party against whom administrative penalties have been assessed under this chapter may appeal the violation and the issued administrative citation penalty, administrative penalty, or administrative fines by filing a written notice of appeal with the City Clerk within thirty (30) days of the date stated on the citation or notice of violation, which shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council. The appeal fee is intended to cover the costs, expenses, and city employees’ time incurred by the city in processing, preparing for, and hearing the appeal. (2) Deposit; person, corporation, entity, or responsible party requesting a hearing under this section must pay a deposit to the City equal to fifty percent (50%) of the full amount of the penalty indicated on the notice of violation upon submitting the hearing request with the City. Failure to deposit fifty percent (50%) of the amount of all fines appealed within the thirty (30) day filing period shall result in the request for an appeal hearing being incomplete and untimely, and therefore will not be accepted.
(3) Failure to timely file an appeal hearing request form with the City Clerk, along with the filing fee and deposit shall constitute a waiver of the right to any appeal hearing, and the penalties stated on the administrative citation or notice of violation shall be deemed confirmed and final.
(4) Hardship waiver; If within the thirty 30-day filing period, the appealing party establishes to the satisfaction of the Director of Finance or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the deposit amount would cause undue financial hardship to the appealing party, the Director of Finance or designee may grant a waiver or reduction of the deposit amount required. the Director of Finance's determination is not appealable and shall be final as to the hardship waiver request.
(B) Procedures for Appeal Hearings for Administrative Penalties Under Chapter 120. (1) Hearing Officer; For any appeal of administrative penalties assessed or otherwise imposed under this chapter, the appeal shall be heard by a neutral hearing officer.

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
(a) The City Manager is authorized to develop policies and procedures relating to the qualification, disqualification and appointment of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative appeal hearings.

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, a conflict of interest or for any other reason for which a judge may be disqualified in a court of law. (b) The City Council or City Manager shall appoint independent hearing officers for administrative appeal hearings or contract with an organization that provides independent hearing officers. (2) Notice; The person, business, entity, or responsible party requesting the appeal hearing under this section shall be notified by the City Clerk of the time and place set for the hearing at least ten (10) business days prior to the date of the hearing.
(3) Conduct of Appeal Hearing.
(a) Testimony at the hearing; At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the City, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.
(b) Record of oral evidence at hearing; The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party’s own expense.
(c) Continuances; The hearing officer may, upon request by the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer’s own motion. (d) Oaths; certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.
(e) Evidence rules: Cal. Gov’t Code § 11513(a), (b), and (c) shall apply to all administrative hearings. At the hearing officer’s sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
(f) Burden of proof; The accuracy of the notice and order containing the description of the violations or public nuisance and the actions required to abate such violation or nuisance is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence. (4) Rights of Parties
(a) Each party shall have the following rights among others: To call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called that witness to testify; to rebut the evidence against him or her; to represent himself or herself or to be represented by anyone of his or her choice. (b) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing. (5) Official Notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or which may appear in any of the official records of the city or Stanislaus County or any of their departments.
(6) Hearing Officer’s Decision. Within thirty (30) days of the hearing, the hearing officer shall serve a written order, stating the decision made and the reasons for the decision. The order shall become final on the date of service of the order, and a copy shall be served on the appellant by first class mail to the address provided by appellant in the written notice of appeal, and on the City Clerk by first class mail.
(7) Right to Judicial Review.
(a) The failure of the person, corporation, entity, or responsible party contesting the administrative penalty under this section to appear at the appeal hearing shall result in a forfeiture of the right to appeal the administrative penalty and shall constitute a failure to exhaust administrative remedies.

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
(b) Subject to the above provisions of subsection (B)(7)(a) of this section, any person aggrieved by an administrative decision of a hearing officer on an administrative penalty may obtain review of the administrative decision by filing an appeal in a court of competent jurisdiction within twenty (20) days after service of the decision in accordance with the provisions of Cal. Gov’t Code § 53069.4(b).

SECTION 3. Section 120.63, Cost Recovery, of Chapter 120, Cannabis Regulations, of Title XI, Business Regulations, shall be added to the Riverbank Municipal Code and shall read as follows:
§ 120.63 COST RECOVERY.
(A) The City shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, Municipal Code, or other violation of law is corrected by the property owner or other responsible party.
(B) The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs. (C) For purposes of this chapter, the following additional definitions shall apply:
(1) Abatement costs include the actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by City.
(2) Enforcement costs include all actual and reasonable costs incurred by the City to enforce compliance with the Municipal Code and any applicable State, County, or City public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or State or County law violations, and reasonable attorneys’ fees related to these activities.

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
(3) Responsible party means a person or entity responsible for creating, causing, committing, contributing to, or maintaining the violation of this chapter or State or County law, or any person or entity that owns, occupies, leases, manages, or maintains the property on which the violation has taken place.
(4) Subject property means the real property that is the subject of any abatement or enforcement action by the City for which the City incurred costs and seeks recovery under this chapter.
(D) In any action, administrative proceeding, or special proceeding to abate a nuisance under this Chapter, the prevailing party shall be entitled to recover attorneys’ fees.

Recovery of attorneys’ fees by the prevailing party may be limited to individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding, shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 5: This Ordinance shall become effective thirty (30) days from and after its final passage (08/27/2024), provided it is published pursuant to GC § 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.

The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on July 23, 2024. Said ordinance was given a second reading by title only and adopted.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the ____ day of ____________, 2024; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council _____ vote of ____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

CC/LRA 07/23/2024 & 08/27/2024
CC Ordinance 2024-
ATTEST: APPROVED:
_________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney

Item 10.2 – CC / LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARINGS
Meeting Date: July 23, 2024
Subject: Resolution Authorizing a 3.8% Inflationary Adjustment Increase to the City of Riverbank Rates for Solid Waste Disposal Services based on the Consumer Price Index (“CPI”) for All Urban Consumers Published by the U.S. Department of Labor for San Francisco-Oakland-San Jose, CA, to be Effective September 1, 2024
From: Marisela H. Garcia, City Manager
Submitted By: Tammy Alcantor, Assistant City Manager/Director of Finance

RECOMMENDATION
It is recommended that the City Council consider adopting a resolution approving a 3.8% Consumer Price Index (CPI) increase in rates for solid waste disposal services pursuant to the executed franchise agreement with Gilton Solid Waste, Inc.

SUMMARY
On April 12, 2022, the City Council adopted Resolution No. 2022-033 adopting revised rates for Solid Waste Disposal service after holding a Proposition 218 Protest Hearing and receiving a less than a majority protest. In addition, Resolution 2021-090 authorized the execution of a Franchise Agreement with Gilton Solid Waste, Inc. to provide said services.

Per Section 9.1 Rates of the Franchise Agreement, the City will adjust the maximum charges made to Customers to reflect annual changes in the Consumer Price Index for All Urban Consumers (“CPI”) published by the U.S. Department of Labor for the San Francisco-Oakland-Hayward, CA statistical area, not to exceed five percent (5%) per year.

The proposed CPI adjustment is 3.8%.

BACKGROUND
Gilton Solid Waste Management (Gilton) has been providing waste management services to the residents and businesses of Riverbank for more than 40 years. The most recent Franchise Agreement negotiated with Gilton Solid Waste Management, Inc. began on April 22, 2022, and will expire in April 2028. Said Franchise Agreement was approved following

Item 10.2 – CC / LRA 07/23/2024
the Proposition 218 hearing held on April 12, 2022, where less than a majority of protests were received with regard to increases in solid waste rates. The Franchise Agreement and rates include SB 1383 compliance language which was the major factor for the rate increases.

SB 1383 is intended to reduce methane emissions at landfills through a process of reducing the disposal of organic waste by 75% below 2014 levels. Organic waste is defined as green materials, wood waste, fiber materials, food scraps, food-soiled paper, and landscaping and pruning waste. In order to meet these mandates, changes will be needed to Riverbank’s current waste disposal system.

Gilton proposed to its current client municipalities a high-diversion Material Recovery Facility (MRF) system. Having this system would negate the need for a third can as the waste streams would be sorted by the MRF system ensuring that organic and materials appropriate to be recycled were diverted from the overall waste stream that could otherwise end up in the landfill. Gilton provided a general explanation of this equipment and system at the March 9, 2021, City Council meeting. At the August 24, 2021 meeting, the City Council provided feedback to staff indicating its desire to move forward with the proposed MRF system.

The rates adopted by the City Council provide our residents with the following services:
• Basic Cart Service (30 & 90 Gallon)
• Organics Cart Service (90 Gallon)
• Curbside Bulky Item Program (2 times per calendar year) • Curbside E-Waste Collection Program (4 times per calendar year) • Christmas Tree Pick-up Program
Additional Services at a Fee:
o Go Back and pick up
o Extra Dump on Cart
o Wash on the Cart

CONSUMER PRICE INDEX
Section 9.1 Rates of the Franchise Agreement stipulates that in years two three, four, and five of the Agreement Term, the City will adjust the maximum charges made to Customers under this Agreement to reflect annual changes in the Consumer Price Index for All Urban Consumers (“CPI”) published by the U. S. Department of labor for the San FranciscoOakland-San Jose, CA statistical area. Such adjustments shall not exceed five percent (5%) per year. The adjustment shall become effective on the anniversary of the Effective Date and be based on the previous twelve-month index analysis from May to April.

As reflected in Attachment 3, the Consumer Price Index for May 2023 to April 2024 is calculated at 3.8%. Therefore a 3.8% increase is being recommended. The agreement states rates to be effective on the anniversary contract. Unfortunately, because staff was

Item 10.2 – CC / LRA 07/23/2024
not prepared to present the item to the City Council in June, therefore we cannot implement the rates starting July 1st. Staff proposes that the rates take effect on September 1st, 2024, aligning with the billing cycle.

Residential & Small Business (Non-Residential) Rates:

Residential Cart Rate Type
Current
Monthly Rate
Proposed Monthly
Rate 09/01/2024
Residential - 90 Gallon MSW Cart & 90 Gallon Organics
Cart $ 36.73 $ 38.13
Updated Breakdown:
90 Gallon MSW Cart $ 24.38 $ 25.31
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 36.73 $ 38.13
Residential - 30 Gallon MSW Cart & 90 Gallon Organics
Cart $ 33.73 $ 35.01
Updated Breakdown:
30 Gallon MSW Cart $ 21.38 $ 22.19
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 33.73 $ 35.01
Residential - 90 Gallon MSW Cart & 90 Gallon Organics
Cart - Low-Income Senior / Disabled Rate $ 30.64 $ 31.80 Updated Breakdown:
90 Gallon MSW Cart $ 18.29 $ 18.99
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 30.64 $ 31.80
Residential - 30 Gallon MSW Cart & 90 Gallon Organics
Cart - Low-Income Senior / Disabled Rate $ 28.44 $ 29.52 Updated Breakdown:
30 Gallon MSW Cart $ 16.09 $ 16.70
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 28.44 $ 29.52
Residential - (2) 90 Gallon MSW Carts & (1) Organic Cart $ 52.83 $ 54.84 Updated Breakdown:
(2) 90 Gallon MSW Cart $ 40.48 $ 42.02
(1) 90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 52.83 $ 54.84
Residential - (3) 90 Gallon MSW Carts & (1) Organic Cart $ 68.93 $ 71.55 Updated Breakdown:

Item 10.2 – CC / LRA 07/23/2024
(3)90 Gallon MSW Cart $ 56.58 $ 58.73
(1) 90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 68.93 $ 71.55
Residential - (2) 90 Gallon MSW Carts & (1) Organic Cart - Low-Income Senior / Disabled Rate $ 44.62 $ 46.32
Updated Breakdown:
(2) 90 Gallon MSW Cart $ 32.27 $ 33.50
(1) 90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 44.62 $ 46.32
Additional Services
Go Back $ 15.63 $ 16.22
Extra Dump on Cart $ 19.54 $ 20.28
Wash Cart $ 21.88 $ 22.71
Small Business (Non-Residential) Rates:

Non-Residential Cart Rate Type
Current
Monthly Rate
Proposed Monthly
Rate 09/01/2024
Non-Residential & Small Business - 90 Gallon MSW Cart $ 24.38 $ 25.31 Non-Residential & Smaill Business - 30 Gallon MSW Cart $ 21.38 $ 22.19 Non-Residential & Small Business - (2) 90 Gallon MSW
Cart & Organics Cart $ 52.83 $ 54.84
Updated Breakdown:
90 Gallon MSW Cart $ 40.48 $ 42.02
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 52.83 $ 54.84
Non-Residential & Small Business - (3) 90 Gallon MSW
Cart & Organics Cart $ 68.93 $ 71.55
Updated Breakdown:
90 Gallon MSW Cart $ 56.58 $ 58.73
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 68.93 $ 71.55
Non-Residential & Small Business - (4) 90 Gallon MSW
Cart & Organics Cart $ 85.03 $ 88.26
Updated Breakdown:
90 Gallon MSW Cart $ 72.68 $ 75.44
90 Gallon Organics Cart $ 12.35 $ 12.82
Total Monthly Billing $ 85.03 $ 88.26

Item 10.2 – CC / LRA 07/23/2024
Commercial Rates:

Commercial Bin Rates
Current
Monthly Rate
Proposed Monthly
Rate 09/01/2024
Commercial - 1 yd Bin 1x per week pickup $ 72.33 $ 75.07 Commercial - 2 yd Bin 1x per week pickup $ 120.17 $ 124.74 Commercial - 2 yd Bin 2x per week pickup $ 223.73 $ 232.23 Commercial - 2 yd Bin 3x per week pickup $ 327.42 $ 339.86 Commercial - 3 yd Bin 1x per week pickup $ 168.54 $ 174.95 Commercial - 3 yd Bin 2x per week pickup $ 312.87 $ 324.76 Commercial - 3 yd Bin 3x per week pickup $ 445.64 $ 462.58 Commercial - 3 yd Bin 4x per week pickup $ 598.58 $ 621.32 Commercial - 4 yd Bin 1x per week pickup $ 221.06 $ 229.46 Commercial - 4 yd Bin 2x per week pickup $ 414.95 $ 430.71 Commercial - 4 yd Bin 3x per week pickup $ 589.51 $ 611.91 Commercial - 4 yd Bin 4x per week pickup $ 727.93 $ 755.59 Commercial - 4 yd Bin 5x per week pickup $ 899.17 $ 933.34 Commercial - 4 yd Bin 6x per week pickup $ 1,079.32 $ 1,120.34 Commercial - 6 yd Bin 1x per week pickup $ 309.69 $ 321.46 Commercial - 6 yd Bin 2x per week pickup $ 584.09 $ 606.29 Commercial - 6 yd Bin 3x per week pickup $ 850.42 $ 882.73 Commercial - 6 yd Bin 4x per week pickup $ 1,031.29 $ 1,070.48 Commercial - 6 yd Bin 5x per week pickup $ 1,254.41 $ 1,302.08 Commercial - 6 yd Bin 6x per week pickup $ 1,367.01 $ 1,418.96 Additional Services for Bin Services
Go Back (per event) $ 57.31 $ 59.49
Extra Dump on Cart (per event) $ 46.89 $ 48.67
Lock Installation (Locking Bar - One time charge) $ 62.52 $ 64.90 Lock Installation (Master Lock - One time charge) $ 26.05 $ 27.04 Lock Installation (Disk Lock - One time charge) $ 36.47 $ 37.86 The typical single-family residence will experience an annual increase of $16.74.

Seniors eligible for the discounted rate will experience an annual increase of $12.97.

FINANCIAL IMPACT
Waste collection and disposal fees are paid by the customers that receive the service, therefore residents and commercial customers will note the increase in rates in the November 2024 billing (which bills for September 1, 2024, to October 31, 2024).

Item 10.2 – CC / LRA 07/23/2024
The City will collect additional franchise fees on the gross revenues generated which are placed in the General Fund.

STRATEGIC PLAN
This report has been prepared to accomplish the following Goal established during the August 10, 2021, Strategic Planning Session:
“Ensure Financial Stability”

ATTACHMENT

1. Draft City Council Resolution 2024-xx

2. Consumer Price Index

CC/LRA – 07/23/2024
CC Resolution 2024-

CITY OF RIVERBANK
RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK AUTHORIZING A 3.8% INFLATIONARY ADJUSTMENT INCREASE TO THE CITY OF

RIVERBANK RATES FOR SOLID WASTE DISPOSAL SERVICES BASED ON THE CONSUMER PRICE INDEX (“CPI”) FOR ALL URBAN CONSUMERS PUBLISHED BY U.S. DEPARTMENT OF LABOR FOR SAN FRANCISCO-OAKLAND-SAN JOSE, CA, TO BE EFFECTIVE SEPTEMBER 1, 2024

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, on April 22, 2022, the City of Riverbank (“City”) entered into a franchise agreement for the collection, transportation, and disposal of solid waste, organic waste, and recyclables (“Franchise Agreement”) with Gilton Solid Waste Management, Inc. (“Gilton”); and,
WHEREAS, a Solid Waste Rate Study, dated December 8, 2021, prepared by Bartle Wells Associates (“Rate Study”), finds that the various rates proposed by Gilton, and adjusted pursuant to Section 9.1 Rates herby presented as Exhibit A, herein attached, are reasonably related to the cost of service; and,
WHEREAS, the City complied with Proposition 218 requirements in connection with the proposed rate increase and franchise agreement; and, WHEREAS, pursuant to Section 9.1 Rates of the Franchise Agreement with Gilton Solid Waste Management, Inc. includes provisions for an annual increase based on Consumer Price Index for all Urban Consumers for the prior twelve (12) months each April not to exceed 5%; and,
WHEREAS, the April 2024 CPI for San Francisco-Oakland-San Jose, CA for the prior twelve (12) months is 3.8%; and,
WHEREAS, the City Council, as authorized by Ordinance No. 2014-007, may establish new solid waste disposal rates by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby adopts the revised rates as presented in Exhibit A, which will be made effective as of July 1, 2024, and which may be amended from time to time based on the franchise agreement, for Solid Waste Disposal Service.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23
rd day of July 2024; motioned by Councilmember __________, ATTACHMENT 1

CC/LRA – 07/23/2024
CC Resolution 2024-
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
Attachments: Exhibit A

CC/LRA – 07/23/2024
CC Resolution 2024-

EXHIBIT A

RESIDENTIAL & NON-RESIDENTIAL CART SERVICE RATES

BASIC CART SERVICE
Proposed Monthly Rate
09/01/2024
30 Gallon MSW Cart Rate $ 22.19
90 Gallon - MSW Cart Rate $ 25.31
90 Gallon - Organics Cart Rate $ 12.82
Additional 90 Gallon Cart - (Any Type) $ 16.71
Senior Citizen/Disabled Low Income Service
30 Gallon MSW Cart Rate $ 16.70
90 Gallon - MSW Cart Rate $ 18.99
90 Gallon - Organics Cart Rate $ 12.82
Additional 90 Gallon Cart - (Any Type) $ 14.51
Additional Services
Go Back $ 16.22
Extra Dump on Cart $ 20.28
Wash Cart $ 22.71

COMMERCIAL BIN RATES
Commercial Bin Rates
Proposed Monthly Rate
09/01/2024
Commercial - 1 yd Bin 1x per week pickup $ 75.07
Commercial - 2 yd Bin 1x per week pickup $ 124.74
Commercial - 2 yd Bin 2x per week pickup $ 232.23
Commercial - 2 yd Bin 3x per week pickup $ 339.86
Commercial - 3 yd Bin 1x per week pickup $ 174.95
Commercial - 3 yd Bin 2x per week pickup $ 324.76
Commercial - 3 yd Bin 3x per week pickup $ 462.58
Commercial - 3 yd Bin 4x per week pickup $ 621.32
Commercial - 4 yd Bin 1x per week pickup $ 229.46
Commercial - 4 yd Bin 2x per week pickup $ 430.71
Commercial - 4 yd Bin 3x per week pickup $ 611.91
Commercial - 4 yd Bin 4x per week pickup $ 755.59
Commercial - 4 yd Bin 5x per week pickup $ 933.34
Commercial - 4 yd Bin 6x per week pickup $ 1,120.34
Commercial - 6 yd Bin 1x per week pickup $ 321.46
Commercial - 6 yd Bin 2x per week pickup $ 606.29
Commercial - 6 yd Bin 3x per week pickup $ 882.73
Commercial - 6 yd Bin 4x per week pickup $ 1,070.48
Commercial - 6 yd Bin 5x per week pickup $ 1,302.08
Commercial - 6 yd Bin 6x per week pickup $ 1,418.96

CC/LRA – 07/23/2024
CC Resolution 2024-

CONTINUED COMMERCIAL BIN RATES
Additional Services for Bin Services
Proposed Monthly Rate
09/01/2024
Go Back (per event) $ 59.49
Extra Dump on Cart (per event) $ 48.67
Lock Installation (Locking Bar - One time charge) $ 64.90 Lock Installation (Master Lock - One time charge) $ 27.04 Lock Installation (Disk Lock - One time charge) $ 37.86 Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Apr
2023 4.2
2024 3.8
All items in San Francisco-Oakland-Hayward, CA, all
urban consumers, not seasonally adjusted San Francisco-Oakland-Hayward, CA All items
1982-84=100
2023 to 2024
Consumer Price Index for All Urban Consumers (CPI-U)
12-Month Percent Change
CUURS49BSA0,CUUSS49BSA0
Not Seasonally Adjusted
Source: Bureau of Labor Statistics Generated on: July 1, 2024 (12:48:02 PM) ATTACHMENT 2

Item 11.1 – CC/LRA 07/23/2024

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: July 23, 2024
Subject: Designation of a Voting Delegate and Alternate(s) to Attend the 2024 League of California Cities Annual Conference
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that City Council designate a member of the Council as the Voting Delegate, plus one or two alternates. They will attend the 2024 League of California Cities Annual Conference and Expo, to be held in Long Beach on October 16-18, 2024, and will participate in the Annual Business Meeting for the consideration of resolutions that establish Cal Cities policy. The City Council is to ratify the designations by roll call vote.

SUMMARY
Annually, the League of California Cities requests that the City Council take action in order to participate in the Annual Business Meeting by designating a Voting Delegate, and to appoint one or two alternates. Participation in the meeting ensures that Riverbank officials have an opportunity to initiate and influence policy decisions by voting on resolutions that establish League policy. The resolutions for the City Council to consider, should there be any, will be presented at an upcoming Council meeting to discuss and determine the City’s position to each resolution, and to have the designated Voting Delegate or alternate represent the City’s position accordingly. The Annual Business Meeting will be held during the General Assembly on Friday, October 18th. The Business Meeting is tentatively scheduled from 8:30 am – 10:30 am.

The designated Voting Delegate and alternate(s) must be registered for the conference.

Council’s selection of the Voting Delegate and alternate(s) will be reported to Cal Cities.

The current Cal Cities Central Valley Executive Committee representatives are Councilmember Hernandez as the primary member and Councilmember Uribe as the alternate.

Item 11.1 – CC/LRA 07/23/2024

FINANCIAL IMPACT
Conference registration for the conference is $650, plus travel and hotel accommodation per attendee. Currently all members of the City Council are registered to attend as well as the City Manager and Assistant City Manager.

ATTACHMENTS

1. General Assembly Voting Guidelines
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
ATTACHMENT 2
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).