Agenda packet — Turlock City Council, December 10, 2024 (part 2 of 7)

WHEREAS, this action does not meet the definition of a “project” subject to CEQA in accordance with Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve agreements with Montrose Environmental Solutions of Oakland, California (City Contract 2025-077) and Provost and Pritchard Consulting Group of Clovis, California (City Contract 2025-076), in forms approved by the City Attorney, for On-Call Environmental Study Services for RFQ No. 24-009, "RFQ for Environmental Study Services", for three-year terms in amounts not to exceed $150,000 per agreement to be funded by various G/L accounts to be determined relative to the various capital projects requiring these services.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10th day of December, 2024, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus, State
of California
CITY CONTRACT NO. 2025-076 1
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AGREEMENT BETWEEN THE CITY OF TURLOCK
and

PROVOST & PRTICHARD CONSULTING GROUP, INC
for

ON-CALL ENVIRONMENTAL STUDY SERVICES
City Contract No. 2025-076
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and PROVOST & PRITCHARD CONSULTING GROUP, a California corporation (“Professional”), on this 10th day of December 2024 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Environmental Study Services (the “Project”).

B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services which are shown in Exhibit A (Request for Qualifications) and in Exhibit B (Statement of Qualifications) attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.

C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in Exhibit B (“Statement of Qualifications”).

D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the CITY CONTRACT NO. 2025-076 2
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Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail

2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 10th day of December 2027 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

3. Extension of Agreement. [Intentionally Omitted]

4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).

5. Work.

5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

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5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.

6. Compensation.

6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed One Hundred Fifty Thousand and No/100ths Dollars ($150,000.00) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.

6.2. Deposit. [Intentionally Omitted]

6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.

6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days CITY CONTRACT NO. 2025-076 4
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of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.

8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. . The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

9. City Assistance to Professional. [Intentionally Omitted]

10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.

11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.

12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:

12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and Exhibit B and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.

12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for CITY CONTRACT NO. 2025-076 5
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such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.

12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.

12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.

12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.

Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

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14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.

15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.

Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.

16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.

17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall CITY CONTRACT NO. 2025-076 7
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give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.

If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.

19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.

All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.

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When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.

20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.

In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.

21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.

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Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.

City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.

24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.

The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

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If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.

25. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.

Professional shall maintain coverage as follows:

25.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).

25.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.

25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or CITY CONTRACT NO. 2025-076 11
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eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

25.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.

25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.

25.6. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that CITY CONTRACT NO. 2025-076 12
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any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

27. Indemnifications.

27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

27.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Professional shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Professional or by any individual or agency for which Professional is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Professional.

28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this CITY CONTRACT NO. 2025-076 13
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Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.

32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: Provost and Pritchard Consulting Group, Inc.

Attn: Briza Sholars
455 W Fir Ave.

Clovis, California 93611

33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:

Janine Lee
Associate Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-6035
E-mail: [email protected]

34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

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35. Use of City Project Number. [Intentionally Omitted]

36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute CITY CONTRACT NO. 2025-076 15
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one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.

46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.

47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

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[Signatures on Following Page]
CITY CONTRACT NO. 2025-076 17
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

PROFESSIONAL
Provost & Pritchard Consulting Group Inc., a
California corporation,
By:

Print Name:

Title:

Date
CITY OF TURLOCK, a California
municipal corporation
By:

Reagan M. Wilson, City Manager
Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney
ATTEST:

By:

Julie Christel, City Clerk
Jeffrey Dorn, RCE 76749 Director of Operations 11/21/2024 REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-009
FOR

ON-CALL AGREEMENT FOR

ENVIRONMENTAL STUDY SERVICES
RFQ ISSUED: 9/6/24
BIDS DUE: 10/8/2024 3:00 PM
BID SUBMITALS TO:

CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380

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CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 4 Request for Qualifications Guidelines ............................................................................................................. 4 Assumptions............................................................................................................................................................. 6 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .....................................................................................................................................7 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call agreement for Environmental Study Services ................................................ 9

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INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional environmental study services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).

BACKGROUND
The City of Turlock maintains several different types of professional on-call agreements for use on an “as needed” basis. The on-call agreement allows City staff to request services from a retained firm (“Consultant”) on an individual project basis as the need arises. Prior to any work completed under the on-call agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the on-call agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or contractors.

RFQ TIMELINE
This RFQ will be governed by the following schedule:
 RFQ Issued: 9/6/2024
 Proposals Due: 10/8/2024 3:00 PM
 City Council Approval of Agreement: 11/12/2024
*All dates are subject to change at the discretion of the City

QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Qualifications (RFQ), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Qualifications (RFQ).

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SCOPE OF SERVICE
The City invites you to submit a proposal for environmental study services. The scope of work includes, but is not limited to, the following:

1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.

2. For federally funded projects, all environmental study services shall comply with provisions of the National Environmental Policy Act (NEPA) and applicable provisions of the California Local Assistance Procedures Manual (LAPM) Chapter 6;

3. For state funded projects, all environmental study services shall comply with provisions of the California Environmental Quality Act (CEQA) and applicable provisions of the California Local Assistance Procedures Manual (LAPM) Chapter 6;

4. For projects funded entirely from local sources, all environmental study services shall comply with provisions of the California Environmental Quality Act (CEQA).

5. Requested services may involve any one, or a combination of, the following professional services:
a. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same; b. Assist the City with presentations and/or recommendations to the City staff or Administration;
c. Assist City staff with project scoping related to environmental components; d. Provide environmental research, technical studies, and data analysis as necessary; e. Drafting Area of Potential Effect maps as needed;
f. Completion of historic property studies and cultural resource studies; g. Drafting CEQA Initial Studies, Environmental Assessments, or Environmental Impact Reports.
h. Proposing mitigation measures, routing CEQA documents to the public and stakeholders, processing environmental documents;
i. Third party review consultation related to documents prepared by the City or other consultants retained by the City.

REQUEST FOR QUALIFICATIONS GUIDELINES
The City requires each Consultant to submit a qualifications statement clearly addressing all of the requirements outlined in the RFQ. The qualifications statement shall be limited to 20 pages.

The cover page, table of contents, and divider tabs will not be counted towards the page limit.

The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes

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and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.

The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional environmental study services. Each qualifications statement must contain a statement of qualifications that that includes the following information:

1. General Information – Provide the name, address, Unique Entity Identifier for SAM.gov and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;

2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;

3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;

5. Public Agencies – Include narrative description of experience with public agencies, if any;

6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;

7. Sample of Work - Include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description.

The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.

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8. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.

ASSUMPTIONS
The City Council is the only entity authorized to award an on-call agreement for environmental study services. The City reserves the right to enter into agreements with multiple consultants.

The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.

PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.

Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Tuesday, October 8, 2024.

No late submittals will be accepted. Proposers shall submit one original and one electronic copy (via USB drive) of requested documents.

The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all qualifications statements and/or terminate this RFQ process at any time, for any reason, without notice and with no obligations.

EVALUATION AND SELECTION PROCESS
Qualifications statements will first be screened to ensure responsiveness to the RFQ. The City may reject as non-responsive any qualifications statement that does not include the information required to be submitted by this RFQ. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their qualifications statements.

A committee will review and score all responsive written qualifications statements based upon the evaluation criteria set forth below. The City may contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a qualifications statement, and seek and review any other information deemed pertinent to the evaluation process. Qualifications statements will be reviewed by the Committee and evaluated to determine which qualifications statement best meets the criteria of the RFQ. The criteria are as follows:

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Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Works Projects 20
Total Points 100
Please note that this RFQ pertains to environmental study services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.

The City may hold interviews with any Consultant submitting a qualifications statement under this solicitation. These interviews will be held solely at the discretion of the City and after the qualifications statement scoring process. The intent of the City is to hold interviews only with top-scoring Consultants based on the selection process. The interviews would be attended by representatives of the City as well as the Consultant’s principal and licensed professional staff in responsible charge of the work. The interviews would be used to gain further insight into the Consultant’s capabilities for the purpose of making a recommendation for award of an agreement.

Following conclusion of the evaluation process, the Committee will score all Proposers according to the evaluation criteria set forth above. The Committee will conclude the evaluation process at this point, and make a recommendation for award. City staff shall notify the selected Consultant(s) of the final approval of the agreement by the City Council. Once submitted, all qualifications statements become public records and subject to disclosure, either in part or in whole, under the California Public Records Act.

Recommendation for award is contingent upon the successful negotiation of final contract terms.

Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFQ.

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regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's qualifications statement, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.

CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.

B. Cost for Preparing Qualifications Statement
The cost for developing the qualifications statement is the sole responsibility of the Proposer. All qualifications statements submitted become the property of the City.

C. Agreement
A copy of the City’s standard on-call agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
 Indemnification
 All insurance terms
 Termination
 Ownership/Use of Contract Materials and Products
 Disputes
 Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.

STATEMENT OF QUALIFICATIONS

CITY OF TURLOCK
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-009 FOR

ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES
OCTOBER 8, 2024
www.provostandpritchard.com • (559) 449-2700
City of Turlock
Attn: Purchasing
156 S. Broadway, Suite 270
Turlock, CA 95380
RE: Request for Qualifications (RFQ) No. 24-009 for On-Call Agreement for Environmental Study Services To whom it may concern:

Provost & Pritchard Consulting Group (Provost & Pritchard) is pleased to submit our Statement of Qualifications (SOQ) for On-Call Environmental Study Services for the City of Turlock (City). With over 56 years of engineering and environmental planning expertise, our team has a proven track record of successfully guiding projects through complex regulatory landscapes.

We are honored to continue building a strong relationship with the City through projects like the City-Wide Chlorination efforts and Well No. 38 Arsenic Treatment, both of which included environmental planning services. Additionally, our transportation team is busy working with the City through its Roads Program. This ongoing partnership is a testament of our dedication to your success.

At Provost & Pritchard, we specialize in tailored environmental planning and review services. Our in-house expertise includes critical environmental study components such as California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, biological resource surveys, air quality assessments, and more. Led by Senior Planner Briza Sholars – who has completed environmental services for multiple City of Turlock projects – our team brings substantial experience and knowledge of environmental regulations. With nearly 300 staff members, including biologists, planners, engineers, and Geographic Information Systems (GIS) specialists, we offer comprehensive services from initial planning through project completion.

In collaboration with Kleinfelder, we extend our capabilities to include cultural and paleontological resource studies, making us the ideal partner for addressing all aspects of your environmental study needs. Together, we have many years of experience meeting the requirements of federal, state, and local agencies, helping our clients navigate the often-cumbersome processes required by the U.S.

Bureau of Reclamation (USBR), Caltrans, and other regulatory bodies.

We understand the importance of responsiveness, and our team is committed to providing prompt, efficient service to meet the City’s evolving needs. Our planners, including Ms. Sholars, are ready to meet with your team, assess project requirements, and develop detailed scopes of work that prioritize quality, budget, and timeliness.

Thank you for considering Provost & Pritchard as your trusted adviser for on-call environmental services. We look forward to continuing our work with the City of Turlock and helping you achieve your goals.

With appreciation,
Briza Sholars Sara Allinder, AICP
Project Manager Principal-in-Charge
Engineering • Surveying • Structural • Geostructural • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Bakersfield • Visalia • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, Idaho 455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
Submitted by:

PROVOST & PRITCHARD CONSULTING GROUP
455 W Fir Ave
Clovis, CA 93611
Phone: (559) 449-2700
www.provostandpritchard.com
Prepared for:

CITY OF TURLOCK
Attn: Purchasing
156 S. Broadway, Suite 270
Turlock, CA 95380
Statement of Qualifications
October 8, 2024

CITY OF TURLOCK
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-009

ON-CALL AGREEMENT FOR

ENVIRONMENTAL STUDY SERVICES

TABLE OF CONTENTS

CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

TABLE OF CONTENTS
GENERAL INFORMATION .............................................................................................................................................5 FIRM OVERVIEW....................................................................................................................................................................... 5 SERVICES ................................................................................................................................................................................... 6 SUBCONSULTANT – CULTURAL RESOURCES........................................................................................................................... 7 QUALIFIED TEAM...................................................................................................................................................................... 8 BACKGROUND ...........................................................................................................................................................11 SERVICES AND HISTORY.............................................................................................................................................12 FAMILIARITY WITH STATE AND FEDERAL AGENCIES ........................................................................................................... 13 COMPREHENSIVE IN-HOUSE EXPERTISE .............................................................................................................................. 13 RESPONSE TIME...........................................................................................................................................................14 PUBLIC AGENCIES ......................................................................................................................................................15 REFERENCES................................................................................................................................................................16 SAMPLES OF WORK ....................................................................................................................................................17 FEES .............................................................................................................................................................................18 ADDENDA ...................................................................................................................................................................19

APPENDIX

KEY STAFF RESUMES
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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

GENERAL INFORMATION

FIRM OVERVIEW
Provost & Pritchard Engineering Group, Inc. (dba Provost & Pritchard Consulting Group) (Provost & Pritchard)
455 W Fir Ave
Clovis, CA 93611
(559) 449-2700
SAM.gov Unique Entity ID: KMAEZKFSW977
ADDITIONAL OFFICE LOCATED AT:
4701 Sisk Road, Suite 102
Modesto, CA 95356
Jeff Dorn, PE, TE, is authorized to negotiate contract terms and make binding agreements.

We navigate
CEQA and NEPA
complexities by
delivering tailored
solutions for
environmental
planning and
permitting that
meet each project’s
unique needs.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

SERVICES

ENVIRONMENTAL PLANNING
& REVIEW
Provost & Pritchard’s planners know how things work on both sides of the counter. We provide services to public and private clients in three main practice areas: Environmental Planning & Permitting, Community Planning & Design, and Local Agency Staffing. Our experience in these fundamental aspects of the planning discipline allows us to guide our clients through complex regulatory landscapes and implement the most appropriate solution for each project. • Preparation and peer review of CEQA and NEPA
documents
• In-house technical expertise and support, including
o air quality modeling
o biological surveys and wetland delineations
o geological and soils analysis
o hazards and hazardous materials testing and
remediation
o hydrological studies
o traffic analysis
o water quality testing
o and water supply assessments
• Regulatory consultation and permit facilitation through local, regional, state, and federal agencies
• Mitigation monitoring and compliance

BIOLOGICAL CONSULTING
Provost & Pritchard provides a full range of biological and permitting consulting services for public and private clients throughout California. Our staff has experience conducting biological resource surveys in support of CEQA and NEPA documents and regulatory permitting compliance, as described below. Field studies are conducted by qualified biologists to ensure data accuracy and objectivity in analysis. Our capabilities allow us to provide superior value and achieve our clients’ goals through the highest quality biological and permitting services. In-house services include:
• Biological reconnaissance surveys
• Habitat assessments
• Protocol-level surveys for special status plant and animal species
• Aquatic resources delineations
• Tree inventories, mapping, monitoring, and reporting
• Mitigation and monitoring plans
• Revegetation plans, monitoring, and reporting
• Construction monitoring and reporting
• Pre-construction surveys
• Nesting bird surveys and nest monitoring

PERMITTING
• US Army Corps of Engineers Jurisdictional
Determinations and permitting (Section 10 and 404)
• Regional Water Quality Control Board permitting:

Section 401 Certification, Waste Discharge Requirements and Waivers
• California Department of Fish and Wildlife, Lake and
Streambed Alteration Notifications (Section 1602)
• US Fish and Wildlife Service Section 7 Consultations
Provost
& Pritchard biologist with California Tiger Salamanders.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES SUBCONSULTANT – CULTURAL RESOURCES
Kleinfelder’s cultural resources staff are professionally qualified to perform and manage archaeological, paleontological, tribal, and built environment cultural resources. Their staff complete work that is compliant with multiple regulatory frameworks including but not limited to Section 106 of the National Historic Preservation Act (NHPA), CEQA, and NEPA. They regularly identify and evaluate cultural resources for inclusion in the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) and develop applicable mitigation measures to reduce impacts to less than significant. Kleinfelder staff have also worked closely with Native American tribes throughout the Central Valley and assist clients with tribal coordination and consultation. Kleinfelder has extensive cultural resources experience supporting municipal agencies and privately owned companies throughout Northern California including the Sacramento Municipal Utility District, City of Novato Public Works, East Bay Municipal Utility District, and Pacific Gas and Electric Company.

Services regularly include the following:
• Archaeological Surveys, Testing, and Salvage
• Archaeological Treatment Plans
• Architectural Historic Resources
• Archival Research
• Architectural Viewshed Studies
• Area of Potential Effects Maps
• Assembly Bill 52 Consultation
• CEQA Compliant Reports
• Construction Monitoring and Reporting
• Context Statements
• Cultural Resources Design Guidelines
• Cultural Resources Evaluations (Section 106)
• Cultural Resources Inventories
• Curation and Documentation
• Determinations of Eligibility
• Field Surveys
• Historic American Building Survey (HABS) Reports
• Historic American Engineering Records (HAER)
• Historic Property Survey Reports
• Historic Resources Compliance Reports
• Literature and Record Searches
• National Historic Landmarks Nominations
• Native American Consultation
• Paleontological Surveys and Salvage
• Phase I, II, and III Cultural Resources Reports
• Photo Documentation
• Preservation Plans
• Salvage of Fossils, Artifacts, and Ecofacts
• Site Assessment Prior to Construction
• Site Recordation
• State Historic Preservation Office (SHPO) Consultation • Osteological Identification
Kleinfelder’s staff complete work that is compliant with multiple regulatory frameworks including but not limited to Section 106 of the National Historic Preservation Act (NHPA), CEQA, and NEPA.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

QUALIFIED TEAM
Provost & Pritchard has selected Briza Sholars to serve the City as Project Manager. With more than 24 years of experience guiding Central Valley clients, including the City of Turlock, through environmental planning challenges, we can say with confidence that we believe the City of Turlock would greatly benefit from her leadership and in-depth environmental planning knowledge and expertise.

Brief biographies for our proposed key staff are located below, and complete resumes for each team member can be found in the Appendix.

BRIZA SHOLARS – SENIOR PLANNER

PROJECT MANAGER
• B.A. Sociology, University of California, Santa Barbara Briza Sholars has more than 24 years of professional experience, currently serving as Senior Planner. Ms.

Sholars is skilled in project management with attention to schedule and budget. Her history includes the processing of environmental impact reports, and preparation of CEQA/NEPA compliant documents for public agencies, private firms, and developers. She has extensive experience in compiling, researching, analyzing, and evaluating data, activities and studies related to water and wastewater infrastructure, transportation, housing, dairy, mining, solar, agriculture, resource conservation, and other development projects.

SARA ALLINDER, AICP – PRINCIPAL PLANNER

PRINCIPAL-IN-CHARGE
• Master of City and Regional Planning, California Polytechnic State University, San Luis Obispo • B.A. Liberal Arts, Environmental Science; Minor Emphasis: English, University of California, Riverside Sara Allinder has more than 23 years of professional experience, currently serving as a Principal Planner.

Throughout her career, she has actively participated in and led the development of multiple general plans and development code updates. Ms. Allinder has also provided contract staffing services for numerous local planning agencies in the San Joaquin Valley including the cities of Modesto, Chowchilla, Madera, and Wasco and understands how the policies and regulations outlined in general plans and zoning codes are implemented in day-to-day operations at the public front counter.

DAWN MARPLE – PRINCIPAL PLANNER

QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)
• B.S. City and Regional Planning, Minor Emphasis: Sustainable Environments, California Polytechnic State University, San Luis Obispo
Dawn Marple has more than 21 years of professional experience, currently serving as a Principal Planner. Ms.

Marple has worked for and with a number of public agencies throughout the San Joaquin Valley. This includes the cities of Fresno, Fowler, Tulare, Visalia and Wasco. Her experience includes preparing and reviewing all levels of environmental documents in accordance with the CEQA and NEPA. In addition, she has extensive experience with general plan updates and entitlement processing. Ms. Marple has a consistent history of providing quality service for her clients while completing projects on time and within budget.

Ms. Sholars provided
environmental services for
Turlock’s City-Wide
Chlorination efforts and Well No.
38 Arsenic Treatment projects.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES JARRED OLSEN, AICP – SENIOR PLANNER

PLANNER/WRITER
• B.A. Urban Studies and Planning, San Francisco State University Jarred Olsen has more than nine years of professional experience, currently serving as Senior Planner. Mr.

Olsen has experience in both the public and private sectors throughout his career. Mr. Olsen is experienced in land use entitlements, environmental analysis, reporting, and preparation and interpretation of zoning regulations.

RYAN MCKELVEY – ASSOCIATE PLANNER

PLANNER/WRITER
• B.A. Geography, California State University, Fresno
Ryan McKelvey has more than six years of professional experience and currently serves as Associate Planner.

Mr. McKelvey has experience in contract staffing through the preparation of municipal codes, processing of site plan reviews, use permits, and other land use entitlements, drafting of CEQA and NEPA documents, updating of general plans, writing of staff reports, and drafting of resolutions for various types of projects, including, wastewater, agricultural, flood control, commercial, and residential projects.

KYLER DILL – ASSISTANT PLANNER

PLANNER/WRITER
• Ph.D., ABD English Literature, University of Iowa
• M.A. English Literature, University of Iowa
• B.A. English, California State University, Chico
Kyler Dill has experience in contract staffing through the preparation of municipal codes, processing of site plan reviews, use permits, and other land use entitlements, drafting of CEQA and NEPA documents, updating of general plans, writing of staff reports, and drafting of resolutions for various types of projects, including, wastewater, agricultural, flood control, commercial, and residential projects.

GEOFF CLINE – PRINCIPAL BIOLOGIST

BIOLOGICAL RESOURCES
• M.S. Wildlife Management, University of Otago, New Zealand • B.S. Environmental Studies, University of California, Santa Barbara Geoff Cline has more than 22 years of professional experience, and currently serves as Principal Biologist. Mr.

Cline has been involved in a variety of environmental projects. His areas of expertise include the evaluation of habitats and mitigation for special-status species, small- and large-scale construction and conservation site monitoring projects, special-status species surveys, and writing documents in support of laws, regulations, and permits.

BIOLOGICAL CONSULTING EXPERTISE
Our qualified biologists conduct field studies with precision, ensuring data accuracy for the most sensitive projects, from habitat assessments to species surveys.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES BENJAMIN TOEWS – ASSOCIATE GIS SPECIALIST

GIS/MAPPING
• B.A. Geography, California State University, Fresno
Benjamin Toews has more than four years of professional experience, currently serving as Associate GIS Specialist. He has an extensive background in supporting environmental and urban planning projects with GIS data creation, mapping, and analysis. Mr. Toews has also assisted with groundwater related data management and mapping for multiple irrigation and water districts helping the process of SGMA related reporting and analysis. He's practiced in researching historic spatial data sources and forensic review of degraded data sources.

JESSICA NEAL, RPA – CULTURAL RESOURCES GROUP MANAGER

CULTURAL RESOURCES PRINCIPAL INVESTIGATOR
• Registered Professional Archaeologist, No. 17230
• M.A. Archaeology, University of Southern Denmark
• B.S. Anthropology, Loyola University
Ms. Neal is currently the Cultural Resources Group Manager for the Northern California Division of Kleinfelder in Sacramento, California. She works as a staff supervisor, principal investigator, business development lead, project manager, and senior field director on a wide variety of cultural resources investigations. Under Ms.

Neal’s supervision the cultural team prepares reports for compliance with CEQA, Sections 106 and 110 the NHPA, NEPA, and Assembly Bill 52. She meets the Secretary of Interior Standards in Archaeology and is a Registered Professional Archaeologist. Ms. Neal has experience managing large-scale inventory, evaluation, and data recovery projects in a wide variety of environments including desert, mountain, foothill, and coastal settings.

KRUGER FRANK – CULTURAL RESOURCES FIELD SUPERVISOR

CULTURAL RESOURCES FIELD SUPERVISOR
• BA, Anthropology University
Kruger Frank will serve as Cultural Resources Field Supervisor under this contract. Mr. Frank has worked in cultural resources management as a prehistoric and historic archaeologist for over 22 years. He has authored and co-authored numerous technical reports for compliance with the CEQA, Native American Consultation letters, NEPA, and Section 106 of NHPA. Mr. Frank meets the Secretary of the Interior professional standards for conducting archaeological studies and serves as a prehistoric and historic archaeologist for a broad range of projects that include federal, state and local governments; utilities; FERC licensing; and private development.

Kruger’s skill diversity and field experience include all types of pedestrian survey, Phase I testing, Phase II site evaluation, Phase III mitigation (data recovery), preparation of DPR 523 resource forms, construction monitoring, and Native American coordination. As a researcher, he has experience with literature reviews and archival searches that focus on archaeological, environmental, ethnographic, and historical research.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

BACKGROUND
In 1968, Provost & Pritchard began a tradition of engineering excellence in the San Joaquin Valley. Over the course of the last 56 years, Provost & Pritchard has grown in staff size, services offered, and regions served, with office locations in Modesto, Visalia, Clovis, Bakersfield, Chico, Los Banos, San Luis Obispo, Sacramento, and Sonora, California, and now in Boise, Idaho. With nearly 300 employees, our growing staff is diverse in expertise and includes civil, traffic, and agricultural engineers, land surveyors, geologists and hydrogeologists, land use and environmental planners, water resources specialists, environmental engineers, GIS specialists, construction managers and field representatives, and public affairs and support personnel.

In the past six years, the firm has been building our relationship with the City and it is our hope through the work we’ve done that you consider us a trusted adviser. The following is a list of projects that our team has either completed, or is currently working on in collaboration with the City:
• Well 35 Grant Assistance*
• ESDC City Wide Rehabilitation
• Well 8 Modifications*
• Well 29 Chlorination*
• City-Wide Chlorination*
• 2023 Road Rehabilitation Program
• Perchloroethylene (PCE) Groundwater Monitoring and
Reporting
• Curb Ramp Review
• Wayside Drive Sewer
• Indoor Air Sampling #1
• Engineering and Surveying Services
• Proposition 1 Monitoring and Performance
• Proposition 1 Construction and Implementation
• Proposition 1 Direct Project Administration
• Proposition 1 Planning and Design
• Well No. 38 Arsenic Treatment*
• PCE Monitoring
• Groundwater Monitoring and Remediation
*These projects included environmental planning services.

Colorado Ave & Cooper Ave – City of Turlock. This project is part of our ongoing work for the City’s Roads Programs.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

SERVICES AND HISTORY
Provost & Pritchard’s Planning staff have extensive experience in preparing, evaluating, processing, and peer reviewing CEQA and NEPA environmental documents for public agencies and private clients. Our planning staff are well-prepared to guide the City’s projects through environmental document preparation and procedural processes. We provide in-house expertise in specialty topics such as biological assessments, habitat assessments, wetlands and jurisdictional water delineations, geology and soils, hazards and hazardous materials, hydrology, utilities and public services, and water quality, offering technical support in the preparation of environmental documents. Additionally, our teams have significant experience with air quality, and greenhouse gas analyses.

We also work consistently with Kleinfelder on the preparation of cultural and paleontological resources studies and reports.

The following list represents the types of related services completed by Provost & Pritchard staff:
• Environmental Compliance Documentation pursuant to
CEQA and NEPA
• Air Quality, Greenhouse Gas (GHG), and Water Quality
Assessments
• Biological, Ecological, and Endangered Species Surveys • Permitting, Regulatory Compliance, and Documentation
• Wetland Delineation, Mitigation, and Soil Remediation • Mitigation Plans, Monitoring, and Reporting
• Public Outreach & Stakeholder Engagement
• GIS Mapping
These services and studies listed in the column to the left are used to prepare the following types of documents:

CEQA:
• Notice of Exemption (NOE)
• Initial Study (IS)
• Negative Declaration (ND)
• Mitigated Negative Declaration (MND)
• Environmental Impact Report (EIR)
• Program EIR
• Project EIR
• Supplemental EIR
• Subsequent EIR
• Addendum
• Notice of Availability (NOA)
• Notice of Intent (NOI)
• Notice of Completion (NOC)
• Notice of Determination (NOD)
• Findings and Statement of Overriding Considerations
• Notice of Preparation (NOP)
NEPA:
• Categorical Exclusion (CATEX)
• Environmental Assessment (EA)
• Finding of No Significant Impact (FONSI)
• Environmental Impact Statement (EIS)
• Supplemental EIS (SEIS)
• Record of Decision (ROD)
• Notice of Intent (NOI)
Because of our familiarity with CEQA and NEPA we will assist the City through any joint document efforts as required. We understand that there are times when the CEQA and NEPA documents will need to be completed together as well as times when they will need to be prepared separately. Navigating the federal and state agencies involved along with their requests, desires, and requirements can be challenging, and we can guide the City through these environmental processes as needed.

Our extensive experience with CEQA
and NEPA documents, paired with
technical support ranging from
GIS mapping to mitigation plans,
ensures your environmental review
is thorough and compliant.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

FAMILIARITY WITH STATE AND

FEDERAL AGENCIES
Provost & Pritchard’s planners, engineers and other specialists are experienced in communicating and working with various state and federal agencies such as the U.S. Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Army Corps of Engineers, Caltrans, State Water Resources Control Board, Department of Water Resources, San Joaquin Valley Air Pollution Control District, California Department of Fish and Wildlife, and the Regional Water Quality Control Board to ensure compliance with agency requirements and processes.

Additionally, our work with the City on the Roads Program has helped our team demonstrate a deep understanding of Caltrans’ Local Assistance Procedures Manual (LAPM) and the regulations within that dictate certain processes and procedures as they relate to CEQA and NEPA documentation.

COMPREHENSIVE IN-HOUSE

EXPERTISE
Provost & Pritchard understands that the environmental compliance and permit processes are very intricate and may benefit from an expanded knowledge base on topics such engineering, survey, soil remediation, environmental engineering, and construction management. With nearly 300 employees (including 20 land use and environmental planners) who have expertise spanning multiple disciplines, the City can draw from Provost & Pritchard’s full range of services on each of these topics and more.

From Caltrans to the U.S. Army
Corps of Engineers, Provost
& Pritchard is experienced in
navigating agency requirements,
ensuring full regulatory compliance
for every project.

With nearly 300 employees,
our firm can provide everything
from biological assessments to
construction management, offering
unmatched depth and flexibility.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

RESPONSE TIME
Provost & Pritchard will respond to a City request for services as described below:

Once a request has been received from the City of Turlock, Ms. Sholars will meet with the City project manager and others as appropriate to discuss the project schedule, budget, design, regulatory and environmental requirements, as well as any other items that may be pertinent to the successful outcome of the project. We will quickly assess staffing needs, staff availability, and schedule to determine if we can accept the assignment. If Provost & Pritchard can provide the services requested within the schedule allowed, we will respond with a fee proposal and schedule normally within one week of the request. (Upon your request, we may be able to respond even more quickly.) Ms. Sholars will develop a project scope with tasks and estimated hours. Project reviews and team meetings will be incorporated into the schedule and budget. Along with the project scope, an appropriate fee estimate will be developed.

Upon approval of the scope of services and fee proposal, we will get to work. The project manager develops the work plan in conjunction with the client. The work plan is a blueprint of how we will execute the project.

Throughout the project, Ms. Sholars will monitor the overall progress, budgets, quality control process, and adherence to the project scope. Regular progress updates on schedule and budget will be given to the City’s project manager for awareness. Provost & Pritchard uses Deltek® Vantagepoint - a project management and financial report system that houses our project database and ties directly to our hours-tracking system. The database provides real-time budget information, workload scheduling, management reporting, and other metrics to assist our project managers with tracking the project budget and allows accurate and timely communication with our clients.

We offer swift response times, with seasoned planners like Briza Sholars meeting directly with your team to assess, manage, and report on projects in progress. Provost & Pritchard uses Deltek® Vantagepoint - a project management and financial report system that houses our project database and ties directly to our hours-tracking system. The database provides real-time budget information, workload scheduling, management reporting, and other metrics to assist our project managers with tracking the project budget and allows accurate and timely communication with our clients.

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

PUBLIC AGENCY EXPERIENCE
Provost & Pritchard has an extensive history of providing environmental planning services to the cities of Turlock, Modesto, Chowchilla, Madera, Fresno, Tulare, Visalia, Fowler, Porterville, Parlier, Mendota, and more.

The firm has also provided services for a number of counties, community services and public utility districts, water and irrigation districts, and school districts. In addition to direct firm experience, a number of our staff have previously worked directly for county and city agencies, and have served as city planners and engineers while working in-house here at Provost & Pritchard.

With this first-hand knowledge, our staff understand public agency operations and the needs and challenges cities face on a day-today basis. Our staff is diversely experienced in providing environmental review, design, and survey of municipal infrastructure projects including roadways and path facilities, water and wastewater distribution systems and treatment facilities, storm drainage facilities, and other capital improvements.

The following is a list of clients for whom our team has provided environmental study and documentation services:

In addition to direct firm experience, a number of our staff have previously worked as employees for county and city agencies, and have served as city planners and engineers while working in-house here at Provost & Pritchard.
• City of Turlock
• City of Modesto
• City of Atwater
• City of Madera
• City of Chowchilla
• City of Fresno
• City of Clovis
• City of Mendota
• City of Fowler
• City of Clovis
• City of Tulare
• City of Porterville
• City of Kingsburg
• City of Parlier
• City of Tehachapi
• City of Yuba City
• County of Fresno
• Del Puerto Water District
• Aliso Water District
• Antelope Valley - East Kern Water Agency
• Arvin-Edison Water Storage District
• Central California Irrigation
• Aliso Water District
• Antelope Valley - East Kern Water Agency
• Arvin-Edison Water Storage District
• Central California Irrigation District District DR Horton • Dunnigan Water District
• Indian Wells Valley Groundwater Authority
• Kaweah Delta Health Care District
• KB Homes
• Kern County LAFCO
• Kern High School District
• Kings County Water District
• Modesto Irrigation District
• North Kern Water Storage District
• Omochumne Hartnell Water District
• Orland-Artois Water District
• Palmdale Water District
• Palo Verde Union Elementary School District
• Pixley Irrigation District
• Reclamation District 1500
• Shafter-Wasco Irrigation District
• South Valley Water Bank Authority
• Tulare Irrigation District
• West Kern Water District
• Wheeler Ridge-Maricopa Water Storage District

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

REFERENCES
Provost & Pritchard and Kleinfelder invite you to call the following references who can supply information on the quality of services provided by our firm during the past two years.

ELLEN BITTER

DEPUTY CITY ENGINEER

CITY OF MADERA
205 W 4th St
Madera, CA 93637
(559) 661-5418

THOMAS GAFFERY

INTERIM CITY MANAGER

CITY OF FOWLER
128 S Fifth St
Fowler, CA 93625
(559) 834-3113

JASON RIDENOUR

DEPUTY CITY MANAGER

CITY OF PORTERVILLE
291 N Main St
Porterville, CA 93257
(559) 782-7460

ROB FERRERA

ENVIRONMENTAL SPECIALIST

SACRAMENTO MUNICIPAL UTILITY DISTRICT
6301 S. Street
Sacramento, CA 95817
(916) 732-6676

PETR SKALA

ASSOCIATE ENGINEER

CITY OF NOVATO PUBLIC WORKS
922 Machin Ave.

Novato, CA 94945
(415) 899-8237

CHARLES PALMER

DISTRICT ENGINEER

CALAVERAS COUNTY WATER DISTRICT
120 Toma Court
San Andreas, CA 95249
(209) 754-3174

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES

SAMPLES OF WORK

CITY-WIDE CHLORINATION PROJECT

CITY OF TURLOCK
https://ceqanet.opr.ca.gov/Project/2020110055
Total Project Budget: $860,166
The City of Turlock is adding disinfectant at 18 wells
and three storage tanks within the City’s water system (21 sites total). Sodium hypochlorite will be injected on the pipe manifold of each well and discharge manifolds for each of the tanks. A sampling port located at least ten pipe diameters downstream from the injection point will draw approximately 10 gallons/hour of water for the chlorine analyzer which will ensure that the level of chlorine in the water entering the distribution system is within the appropriate limits. The waste stream from the analyzers will be discharged to the sewer at a rate of 10 gallons/hour. The sodium hypochlorite will be a 12.5% liquid solution that will be stored in double-contained approximately 250-500-gallon tanks.

An approximately 10-foot by 12-foot prefabricated enclosure will be added to each well site to house the sodium hypochlorite and chlorine analyzer. Each of the tank sites have a spare room in the existing pump buildings which will be utilized to house the sodium hypochlorite and analyzers. An eyewash station and shower will also be installed near the chemical storage location in case of emergency.

Provost & Pritchard prepared IS/MND and NOD documents
for the project.

WESTBERRY BRIDGE

CITY OF MADERA
https://ceqanet.opr.ca.gov/Project/2023090606
Total Project Budget: $399,500
The City of Madera proposes to construct a
new vehicular bridge along the proposed Westberry Boulevard Alignment crossing the Fresno River in the northwest portion of the City of Madera, to improve traffic circulation and to avoid any future congestion on existing upstream bridges at Granada Drive and Schnoor Avenue. The proposed bridge crossing structure would be approximately 408 feet long by approximately 92 feet wide and would accommodate two 11-foot traveled ways in each direction, one 14-foot-wide center median, two 6-foot shoulder/ bike lanes with 1-foot buffer striping, two 9-foot sidewalks, and two 1-foot concrete barriers (Type 732SW) with tubular hand railing along each side of the bridge deck. An earthen irrigation canal runs along the exterior side of each riverbank. Both earthen canal alignments are owned by USBR and operated by the Madera Irrigation District (MID). The Vern McCullough Fresno River Trail runs along the south bank of the river. The proposed bridge structure would consist of an 8-span cast-in-place prestressed concrete flat slab bridge supported on reinforced concrete seattype abutments with 42-inch diameter cast-in-drilled-hole (CIDH) piles and 42-inch diameter CIDH piles at the piers.

Provost & Pritchard prepared IS/MND and NOD documents
for the project.

MAXCO PACKAGING - SITE PLAN
REVIEW (SPR) NO. 14-05

CITY OF FOWLER
Total Project Budget: $29,500
Site Plan Review Application No. 14-05 proposed to construct an approximately 280,000 sq. ft. building (main building) in which rolled paper is processed into corrugated cardboard stock and used to construct containers for fresh produce. Approximately 20 acres of the 26-acre total site area was proposed to be paved and utilized for truck trailer storage. The building also proposed have an additional 42,000 sq. ft. covered dock area cantilevered from the southwest side of the building across a future railroad spur.

Provost & Pritchard prepared IS/MND and NOD documents for the project. As contract City staff, Provost & Pritchard also prepared the staff report and presented to the Planning Commission.

Scan or click the QR codes on this
page to review environmental
documentation prepared by our team
online at ceqanet.opr.ca.gov

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CITY OF TURLOCK ON-CALL AGREEMENT FOR ENVIRONMENTAL STUDY SERVICES FEES
Per instructions in the RFQ, fee schedules for both Provost & Pritchard and Kleinfelder that include the titles and hourly rates of staff have been provided in a separate sealed envelope.

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EXHIBIT C

SERVICE REQUEST TEMPLATE
SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Geotechnical, Materials Testing, and Special Inspections Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).

WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Geotechnical, Materials Testing, and Special Inspections Services and authorizes Consultant to proceed with the project.

NOW, THEREFORE, the parties mutually agree as follows:

SCOPE OF WORK

1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).

2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within ________ months of the Notice to Proceed.

3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.

CITY OF TURLOCK, a municipal corporation CONSULTANT
By: __________________________________ By: ________________________________ William D. Morris, City Engineer
Title: _______________________________
Address: ____________________________
____________________________
Phone: _____________________________
CITY CONTRACT NO. 2025-077 1
{PLA2024}
11/2024

AGREEMENT BETWEEN THE CITY OF TURLOCK
and
MONTROSE ENVIRONMENTAL SOLUTIONS, INC.
for

ON-CALL ENVIRONMENTAL STUDY SERVICES
City Contract No. 2025-077
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and MONTROSE ENVIRONMNENTAL SOLUTIONS, INC., a California corporation (“Professional”), on this 10th day of December 2024 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Environmental Study Services (the “Project”).

D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the CITY CONTRACT NO. 2025-077 2
{PLA2024}
11/2024
Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

3. Extension of Agreement. [Intentionally Omitted]

4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).

5. Work.

CITY CONTRACT NO. 2025-077 3
{PLA2024}
11/2024

6. Compensation.

6.2. Deposit [Intentionally Omitted]

6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days CITY CONTRACT NO. 2025-077 4
{PLA2024}
11/2024
of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.

8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

9. City Assistance to Professional. — [Intentionally Omitted]

12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:

12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement CITY CONTRACT NO. 2025-077 5
{PLA2024}
11/2024
in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.

12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

CITY CONTRACT NO. 2025-077 6
{PLA2024}
11/2024
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

CITY CONTRACT NO. 2025-077 7
{PLA2024}
11/2024

18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.

All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary CITY CONTRACT NO. 2025-077 8
{PLA2024}
11/2024
and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.

When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.

20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.

22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this CITY CONTRACT NO. 2025-077 9
{PLA2024}
11/2024
Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.

City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon CITY CONTRACT NO. 2025-077 10
{PLA2024}
11/2024
the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.

Professional shall maintain coverage as follows:

CITY CONTRACT NO. 2025-077 11
{PLA2024}
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25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to CITY CONTRACT NO. 2025-077 12
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any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

27. Indemnifications.

29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or CITY CONTRACT NO. 2025-077 13
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partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Attn: Tom Engles
1 Kaiser Plaza, I Suite 340
Oakland, CA 94612

33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:

Janine Lee
Associate Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-6035
E-mail: [email protected]
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34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

35. Use of City Project Number. — [Intentionally Omitted]

36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

CITY CONTRACT NO. 2025-077 15
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44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

CITY CONTRACT NO. 2025-077 16
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[Signatures on Following Page]

REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-009
FOR

ON-CALL AGREEMENT FOR

ENVIRONMENTAL STUDY SERVICES
RFQ ISSUED: 9/6/24
BIDS DUE: 10/8/2024 3:00 PM
BID SUBMITALS TO:

CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380

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Page 3 of 27 ends

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SCOPE OF SERVICE
The City invites you to submit a proposal for environmental study services. The scope of work includes, but is not limited to, the following:

1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.

4. For projects funded entirely from local sources, all environmental study services shall comply with provisions of the California Environmental Quality Act (CEQA).

The cover page, table of contents, and divider tabs will not be counted towards the page limit.

The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes

Page 5 of 27 ends

5. Public Agencies – Include narrative description of experience with public agencies, if any;

6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;

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The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.

PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.

Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Tuesday, October 8, 2024.

No late submittals will be accepted. Proposers shall submit one original and one electronic copy (via USB drive) of requested documents.

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Recommendation for award is contingent upon the successful negotiation of final contract terms.

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STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.

RFQ No. 24-009
On-Call Agreement for Environmental Study Services
Qualifications for
October 8, 2024
Submitted to City of Turlock
1 Kaiser Plaza, Suite 340, Oakland, CA 94612
October 8, 2024
Purchasing Division, City of Turlock
156 S. Broadway, Suite 270
Turlock, CA 95380
Subject: RFQ No. 24-009, On-Call Environmental Agreement for Environmental Services Dear City of Turlock:

Thank you for the opportunity to submit our qualifications to provide environmental study services to the City of Turlock (City). Montrose Environmental specializes in the preparation of successful CEQA/NEPA documentation and environmental permits for state and local agencies. We provide practical and workable guidance to our clients. We are recognized for preparing well-written documents that are technically sound and legally defensible, achieve project objectives, and comply with all CEQA and/or NEPA requirements. Our firm is especially well suited to support the City for the following reasons:
 Regional Understanding and Experience: Our project experience in Turlock and Stanislaus County provides us with a thorough understanding of regional resources and issues. We have developed successful relationships with federal, state, and regional resource and regulatory agencies. Our team experience includes the Stanislaus Regional Water Authority’s (SRWA’s) Regional Surface Water Supply Project; the City’s Local Facilities Project; North Valley Regional Recycled Water Program; and many projects with the City of Modesto. Our local and regional experience provides us with a solid basis to help the City with efficient and common-sense approaches to accomplish project goals while avoiding legal and regulatory controversy.
 In-House Expertise in All Service Areas: Because CEQA/NEPA compliance is Montrose’s core service, we have an in-house staff capable of addressing all resource topics and conducting all related technical studies. Our cultural resources staff includes archaeologists and an architectural historian.

Our biological resources staff have certifications and experience to conduct studies required for permit compliance. Montrose has a long track record of successful project and program permitting with the USACE, USFWS, RWQCB, and CDFW. This in-house capability ensures we can respond to the City’s needs efficiently and with the right staff.
 Responsiveness in Contract Management: We understand the value of on-call agreements; we also understand how to manage contracts of this type to ensure responsiveness and availability of qualified staff. The enclosed statement of qualifications demonstrates Montrose’s many years of successfully delivering projects through retainer, master services, and on-call contracts.

Our firm is committed to providing the City with responsive service, the highest level of technical skills, and excellent products and deliverables. We have enjoyed working with City of Turlock staff over the years, and we look forward to an opportunity to continue to provide services to your City. Please contact me if you have any questions regarding this proposal.

Sincerely,
Montrose Environmental
Tom Engels, Ph.D., Senior Principal
Office: +1-916-790-8548 | Mobile: +1-279-675-4084
[email protected] | montrose-env.com
Qualifications to Provide

ON-CALL ENVIRONMENTAL STUDY SERVICES
City RFQ No. 24-009
Prepared for:

City of Turlock
Purchasing Division
156 South Broadway, Suite 270
Turlock, CA 95380
Submitted by:

Montrose Environmental Solutions
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
Contact:

Tom Engels, Ph.D., Senior Principal
(916) 790-8548 | [email protected]
October 8, 2024

City of Turlock
Qualifications for On-Call Environmental Study Services i

TABLE OF CONTENTS

1.0 General Information........................................................................................................................... 1

2.0 Background ....................................................................................................................................... 1

3.0 Services and History........................................................................................................................... 2

3.1 CEQA/NEPA Compliance ..................................................................................................................... 2

3.2 Cultural Resources Studies.................................................................................................................. 5

3.3 Biological Resources, Surveys, and Permitting Support...................................................................... 5

3.4 Caltrans Local Assistance Program...................................................................................................... 7

3.5 Third-Party Review.............................................................................................................................. 8

3.6 Additional Services.............................................................................................................................. 8

4.0 Response Time................................................................................................................................... 9

4.1 On-Call Contract Experience ............................................................................................................... 9

4.2 Value Added through Our Approach to the Work.............................................................................10

4.3 Staff Experience ................................................................................................................................10

5.0 Public Agencies................................................................................................................................15

5.1 Experience with Public Agencies.......................................................................................................15

5.2 Approach to Coordination with Public and Regulatory Agencies.....................................................15

6.0 References.......................................................................................................................................16

7.0 Sample of Work ...............................................................................................................................17

8.0 Fee Schedule...............................................................................................................sealed envelope

ATTACHMENTS
Resumes
Fee Schedule in sealed envelope
City of Turlock
Qualifications for On-Call Environmental Study Services ii This page intentionally left blank.

City of Turlock
Qualifications for On-Call Environmental Study Services 1

1.0 GENERAL INFORMATION
Montrose Environmental Solutions
Unique Entity Identifier: MVSCCJPFF3W8
1 Kaiser Plaza, Suite 340, Oakland, CA 94612
Phone: (510) 986-1850
Ken Schwarz, Ph.D., Managing Principal, is authorized to negotiate contract terms and make binding agreements.

Ken has 32 years of experience providing environmental consulting experience, including compliance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA), regulatory permitting, hydrology and geomorphology.

Tom Engels, Ph.D., Senior Principal, who will act as principal-in-charge for the proposed agreement. Tom has 32 years of experience providing environmental consulting experience, specifically in helping public agencies develop strategy and lead compliance with CEQA and NEPA.

Brian Piontek, M.S., Principal Biologist. Brian is an environmental scientist, biologist, and permitting specialist with 20 years of experience.

Debra Lilly, B.A., Senior Associate II. Debra has more than 25 years of experience managing and leading CEQA and NEPA projects. She will be the day-to-day contact for the City of Turlock and will manage task orders issued under for this agreement.

Qualifications of other Montrose staff are provided in Section 4.3, Staff Experience, of this statement of qualifications (SOQ).

2.0 BACKGROUND
Montrose Environmental Solutions (Montrose) is a multidisciplinary environmental consulting firm that specializes in CEQA and NEPA compliance, environmental permitting, and environmental studies for public infrastructure projects. Our focus is on helping our agency clients with their capital improvements programs, facility maintenance, infrastructure development and design, and resource planning and management needs.

We are experts in project planning, environmental statutory and regulatory requirements, and managing the CEQA/NEPA compliance process. We have technical expertise in cultural and tribal cultural resources, hydrology and geomorphology, water quality, biological resources, wetlands, air quality and greenhouse gas (GHG)/climate change evaluations, soils and geology, utilities, and hazards, among other topics. Montrose produces clearly written and legally defensible environmental compliance documents that further our clients’ goals.

Our technical experience, regulatory permitting/compliance expertise, and exceptional communication and project management skills are used to develop projects and programs; complete associated CEQA and NEPA documents; and obtain federal, state, and local permits for our clients. We are recognized for developing environmentally sensitive approaches to construct and maintain a range of project types, including new facilities and buildings, watershed/property management, roads and drainages, flood management and water supply maintenance and infrastructure, and other capital improvement projects (CIPs) (e.g., pipelines, treatment plants, bridges, culverts, energy facilities, canals, and other infrastructure).

History. Legacy firm Horizon Water and Environment (Horizon) was founded in 2008 and joined Montrose in 2021.

Local Montrose principals Ken Schwarz, Ph.D., Tom Engels, Ph.D., and Brian Piontek, M.S., bring more than 80 years of professional experience in California environmental consulting with federal, state, and local agencies, as well as with private and nonprofit organizations.

City of Turlock
Qualifications for On-Call Environmental Study Services 2

3.0 SERVICES AND HISTORY
From the planning stage through construction, Montrose has expertise and capacity in all services identified in the City’s request for qualifications (RFQ). CEQA/NEPA compliance, related environmental studies, and permitting are Montrose’s core service area.

The sidebar lists services provided by Montrose staff. Table 1 identifies examples of clients and projects (partial list). The subsections below discuss our approach to the key service areas identified in the RFQ.

3.1 CEQA/NEPA Compliance
Montrose consultants are experts with the full range of CEQA compliance documents including Categorical Exemptions,
Initial Studies, Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), Environmental Impact Reports (EIRs), Program EIRs, Supplemental and Subsequent EIRs, tiered MNDs and EIRs, and Addenda under CEQA; Categorical Exclusions, Environmental Impact Statements (EISs),
Environmental Assessments (EAs) under NEPA; as well as joint CEQA/NEPA documents.

We specialize in CEQA compliance for infrastructure, urban development, public works maintenance, water quality and supply facilities, and CIPs. Our staff has completed numerous CEQA documents and planning studies for state agencies, cities, counties, and water agencies.

If the City has not yet identified the appropriate type of CEQA/NEPA document for a given project, our team is able to assist the City in evaluating appropriate compliance strategies in light of project issues, natural resources involved, potential impacts, stakeholder interest, project cost, schedule, and risk management (legal defensibility). For each project, we can recommend what we believe is the most appropriate
CEQA/NEPA path that protects the City and is mindful of costs and effort. We always strive to recommend the simplest and lowest cost option that will provide the City with adequate compliance.

Montrose is very familiar with all the necessary CEQA and NEPA notices and procedures and the filing requirements at county clerk offices and the State Clearinghouse. Such
documents include Notices of Intent, Notices of Availability, Notices of Preparation, and Notices of Determination, among others.

SERVICES
Environmental Planning

CEQA/NEPA
Permitting
Caltrans Local Assistance Program
Project Scoping
Preliminary Consultation, Evaluation, Research
Constraints and Opportunities Evaluation
Biological Resources
ESA Compliance and Reporting
Habitat Assessments and Species Surveys
Impact Avoidance Planning and Training
Mitigation Evaluation and Design
Construction Monitoring
Cultural Resources
Archaeological Resource Survey and Evaluation
Built Environment Resource Survey and
Evaluation
Section 106 and CEQA 5024 Compliance
Documentation
Assembly Bill 52 Consultations
Area of Potential Effects Mapping
Construction Monitoring
Environmental Resource Assessment and
Evaluation
Air Quality and Greenhouse Gas
Climate Change
Environmental Program Management
Environmental Policy and Regulation
Development
Groundwater Sustainability
Public Involvement and Outreach
Stormwater Management
Streams, Wetlands, and Watersheds
Geomorphology and Stream Assessments
Hydrology and Sediment Management
Stream Maintenance Programs
Water and Sediment Quality Assessments
Watershed Planning and Management
Wetlands Assessment, Delineation, and
Enhancement
Water Resources Planning
Environmental Evaluation for Projects,
Master Plans, CIPs, Maintenance Programs
Water Rights
City of Turlock
Qualifications for On-Call Environmental Study Services 3 Table 1. Montrose Experience in Requested Services
Client: Project Document/Study/Project Type
CEQA and NEPA Compliance
DGS: California Highway Patrol Facilities CEQA and Permitting Services
EIRs and MNDs (on-call, multiple projects) – also archaeological surveys, AB 52 compliance, biological resource surveys and permitting
CPUC: CEQA/NEPA Consulting Services (On-Call) EIR, IS/EA, MND, FONSI (on-call, multiple projects) – also archaeological surveys, AB 52 compliance, biological resource surveys and permitting
City of Modesto: Water and Wastewater Master Plans EIRs – also archaeological surveys, AB 52 compliance, biological resource surveys Stanislaus Regional Water Authority: Regional Surface Water Supply
MND, EIR, Addenda – also archaeological surveys, AB 52 compliance, biological resource surveys and permitting
Modesto Irrigation District: Terminal Reservoir Lining NOE – also revised NOE San Jose Water Company: Austrian Dam Erosion Repair NOE – also and archaeological surveys, AB 52 compliance, biological resource surveys and permitting
DGS: USFWS/DWR Delta Research Station EIS/EIR, EA, FONSI – also archaeological, architectural, and biological resources studies, Section 106
Golden Gate National Parks Conservancy: Salmon Habitat
Enhancement and Bridge Replacement Project at Muir
Woods National Monument
EA, FONSI – also biological assessment, wetland delineation, geomorphic evaluation, archaeology survey, Section 106
Cultural Resource Studies
DGS: California Conservation Corps Placer Center Kitchen and Dorm Replacement
Archaeological survey, Extended Phase I archaeological investigation, Unanticipated Discovery Plan, archaeological monitoring, built environment survey and evaluation, records search, Section 5024, Section 106, AB 52 compliance, MND
City of West Sacramento: State Streets Infrastructure Project Historical architectural review, archaeological review, records search, AB 52 compliance, MND Alameda County Transportation Commission: I-880 Whipple Road and Industrial Parkway Interchanges Improvement
Project
Cultural resources sensitivity memorandum for inclusion in a Preliminary Environmental Assessment Report for Caltrans review, Archaeological Survey Report, Historic Resources Evaluation Report, Historic Property Survey Report, records search, AB 52 outreach.

DGS: USFWS/DWR Delta Research Station Archaeological survey, built environment survey and evaluation, Section 5024, records search, Native American coordination, Section 106, EIS/EIR, EA
Biological Resource Studies and Permitting
Stanislaus Regional Water Authority: Infiltration
Gallery/Surface Water Supply Project
CEQA evaluations, CDFW SAA acquisition and compliance, biological surveys, Section 10 consultation with USFWS for impacts on valley elderberry longhorn beetle Cities of Turlock, Modesto, and Del Puerto Water District:

North Valley Regional Recycled Water Program
Wetland delineations, CDFW LSA and incidental take permit acquisition and compliance, regulatory monitoring and reporting, special-status species surveys, nesting bird surveys, and CEQA/NEPA compliance documentation
City of Modesto: On-Call Biological Services Species surveys and habitat assessments, including Swainson’s hawk, burrowing owl, bats, and others; coordination of mitigation requirements for compliance with the City’s General Plan County of San Mateo: On-Call Engineering and Environmental Professional Service Agreements
Biological resources surveys and evaluation, sediment and stream analysis, developed maintenance program manual, cultural resources, CEQA, regulatory permitting City of Turlock
Qualifications for On-Call Environmental Study Services 4 Client: Project Document/Study/Project Type
Contra Costa County: On-Call Environmental Services and Permitting
Biological resources and habitat evaluations, wetland delineation, biological assessment, developed maintenance program manual, cultural resources, permitting Caltrans Local Assistance Program
Napa County: Oakville Cross Road Bridge Replacement Prepared the CEQA IS/MND; coordinated permit approvals with the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and CDFW
ACTC: I-80/Ashby Avenue Interchange Improvements Prepared the NES, Aquatic Resources Delineation Report, Tree Survey Report, HPSR, and WQAR under Caltrans oversight
ACTC: I-880 Interchange Improvements Project (Whipple
Road-Industrial Parkway Southwest and Industrial
Parkway West)
Prepared NES, Aquatic Resources Delineation Report, Tree Survey Report, HPSR, Archaeological Survey Report, and Historic Resources Evaluation Report under Caltrans oversight Third Party Review
CPUC: CEQA/NEPA Consulting Services (On-Call) Working as a consultant for the CPUC, review Proponent’s Environmental Assessments for adequacy and CEQA compliance
DCC: CEQA Support Services Assisted DCC staff with review of CEQA documentation submitted by municipalities and counties in support of cannabis project license applications to evaluate their adequacy and reliability for CDFA use
Additional Services
GIS and Data Management Prepare maps and analyze data using client, consultant, and in-house information Graphics, Website Development, and AB 434/Americans with Disabilities Act (ADA) Compliance
Develop report graphics, presentation boards, public outreach materials, web pages, and training booklets; format documents for compliance with state and federal ADA compliance Public Outreach, Notifications, and Filings Arrange, present, facilitate, and provide materials for public outreach sessions; prepare and file notices required under CEQA and NEPA
AB = Assembly Bill
ADA = Americans with Disabilities Act
ARDR = Aquatic Resources Delineation Report
ACTC = Alameda County Transportation Commission
Caltrans = California Department of Transportation
CDFA = California Department of Food and Agriculture
CDFW = California Department of Fish and Wildlife
CEQA = California Environmental Quality Act
CPUC = California Public Utilities Commission
DCC = California Department of Cannabis Control
DGS = California Department of General
Services
DWR = California Department of Water
Resources
EA = environmental assessment
EIR = environmental impact report
EIS = environmental impact statement
FONSI = Finding of No Significant Impact
HPSR = Historic Properties Survey Report
IS = initial study
LSA = Lake and Streambed Alteration Agreement
MND = mitigated negative declaration
NEPA = National Environmental Policy Act
NES = natural environment study
NOE = notice of exemption
ND = negative declaration
SER = Caltrans Standard Environmental Reference
USFWS = U.S. Fish and Wildlife Service
WQAR = Water Quality Assessment Report
City of Turlock
Qualifications for On-Call Environmental Study Services 5

3.2 Cultural Resources Studies
Native American and historic-era resources may be
affected by proposed City projects. The rich history of Native American settlements in the Central Valley
provides many opportunities to encounter evidence of
historic uses, especially when conducting grounddisturbing activities. There are several tribes and tribal communities (North Valley Yokuts Tribe and Southern
Sierra Miwuk Nation) who actively practice tribal
traditions throughout the region. Turlock also contains many historic-era resources that reflect the early
American period.

Cultural resources studies will be directed and
conducted by experienced personnel. Our cultural
resources leader, Janis Offermann, M.A., Registered
Professional Archaeologist (RPA), who has over 40 years of experience in conducting studies and preparing a variety of documents in support of CEQA and Section 106 of the National Historic Preservation Act requirements.

Montrose’s cultural resources team also includes Dean Martorana, RPA and GIS specialist; Kara Brunzell, M.A, architectural historian; and Bridget Parry, M.A., archaeologist.

Our cultural resources staff have a long history of working with the State Office of Historic Preservation (OHP), California Department of Transportation (Caltrans) staff, the Native American Heritage Commission (NAHC), and Native American tribes. We have, furthermore, been very successful in assisting our clients with tribal consultations under California Public Resources Code regulations that have been enacted under Assembly Bill 52 (AB 52).

To assist the City of Turlock, the Montrose cultural resources staff are prepared to conduct archival research at the Central California Information Center at California State University, Stanislaus; conduct archaeological field surveys and construction monitoring; conduct built environment surveys; prepare technical reports and compliance documents; evaluate archaeological and built environment resources for eligibility for inclusion in the National Register of Historic Places and California Register of Historical Resources, as necessary; and assist the City with their obligations under AB 52. Our cultural resources staff also has experience preparing cultural and historic resources studies in accordance with Caltrans’ requirements, including Archaeological Survey Reports, Historic Properties Survey Reports, Historic Resources Evaluation Reports, and Findings of Effects. Our cultural resources technical reports are routinely prepared to meet the standards for Section 106 compliance as required for projects receiving federal funding.

3.3 Biological Resources, Surveys, and Permitting Support A variety of biological resources surveys, studies, and evaluations may be necessary for project planning, CEQA, permitting, and construction. Typical surveys and studies include biological assessments, wetland delineations, mitigation plans, pre-construction surveys, construction monitoring, and long-term habitat restoration monitoring.

Montrose provides the full range of biological resources services and technical studies, including species and habitat surveys, mapping, studies, and reports. Our staff includes qualified biologists, botanists, and environmental scientists trained in conducting U.S. Fish and Wildlife Service (USFWS)/California Department of Fish and Wildlife (CDFW) protocol species and habitat assessments, U.S. Army Corps of Engineers (USACE) protocol wetlands delineations, and construction monitoring. Moreover, our staff have extensive on-the-ground experience with biological resources in Stanislaus County, including the city of Turlock.

Montrose staff completed a historic properties survey
as part of site assessment for the Delta Research
Station on the San Joaquin River.

City of Turlock
Qualifications for On-Call Environmental Study Services 6 Biological Assessment Reports and Natural Environment Studies Our team has extensive knowledge of local and regional biological resources and can help the City recognize sensitive resources that can be avoided to minimize biological impacts. Our team’s approach is both practical and creative, and we can help guide projects to achieve the desired objectives while often conserving and even enhancing biological resources.

To prepare biological assessments, our team begins by reviewing background information relevant to the task at hand, such as the California Natural Diversity Database (CNDDB), California Native Plant Society, and USFWS species lists, existing City and County reports regarding relevant species, projects, or areas; and other relevant planning documents.

Prior to conducting fieldwork, we draw on our extensive collection of GIS data to prepare/compile any maps necessary for field use, such as study area boundaries, sensitive resource locations, aerial photos, or project plans.

Field personnel then visit the site to collect the necessary field data regarding the site’s biological resources. The methodology used and data collected will vary depending on the specific information required and the nature of the requested services. Reports may range from a simple technical memorandum describing the results of a habitat assessment for a particular species to a complex Biological Assessment prepared to assist with Section 7 consultation under the federal Endangered Species Act (ESA). Whatever the report type, we will ensure that its contents are thorough and accurate.

For City projects that involve Caltrans Local Assistance Program funding, Montrose has experience preparing Natural Environment Studies (NES) in accordance with Caltrans’ guidelines described in Chapter 6 of the Local Assistance Program Manual (LAPM). Example projects include the I-880 Interchange Improvements Project, Hayward and Union City, California; and the I-80/Ashby Avenue Interchange Project.

Wetland Delineations
Our team includes wetland scientists who are trained in conducting aquatic resource (wetland) delineations in accordance with the USACE’s 1987 Wetland Delineation Manual and the 2008 Arid West Regional Supplement.

Our staff is current on evolving agency (USACE and Regional Water Quality Control Board [RWQCB]) jurisdictional authority and guidance on special water features, such as agricultural and drainage ditches, canals, ponds, and other built infrastructure. Within a project site, potential waters of the U.S. will be delineated in the field aided by aerial photography, topographic data, and hydraulic modeling data (as available). We will prepare aquatic resource delineation reports that meet the USACE’s 2016 Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. When appropriate, we will make assessments of the jurisdictional status of aquatic resources. We will request verification of the delineation, approved jurisdictional determination (AJD), or preliminary jurisdictional determinations (PJD) based on USACE’s 2016 Regulatory Guidance Letter on Jurisdictional Determinations (RGL 16-01). Montrose will organize and attend field visits with the USACE to review delineations. Based on feedback received from the USACE, we will revise delineations, if necessary, and submit the revised version to the USACE.

Mitigation and Monitoring Plans and Reports
Montrose staff are well versed in evaluating potential mitigation areas and developing and implementing biological mitigation plans. We frequently evaluate impacts to biological resources and identify appropriate mitigation measures to offset these impacts. Once our team has developed appropriate biological resource mitigation measures, we can assist our clients with evaluating potential habitat mitigation sites and other mitigation options. Biological mitigation may involve establishing project-specific mitigation sites, purchasing credits from a mitigation bank, or financial contribution (in-lieu-fee) to a restoration or habitat enhancement program. For the Stanislaus Regional Water Authority’s (SRWA’s) Regional Surface Water Supply Project (RSWSP), we developed a combined approach that used all three options.

City of Turlock
Qualifications for On-Call Environmental Study Services 7 Mitigating impacts to biological resources is frequently required by CEQA and NEPA assessments and as conditions of resource agency permits. We are very familiar with agency-approved avoidance and minimization measures, and we work with our clients to develop creative and cost-effective solutions for each project’s compensatory mitigation needs.

Permit Applications and Other Permitting Documentation
Regulatory permitting is required for projects that potentially affect sensitive resources or trigger compliance requirements of the federal and/or state Endangered Species Act (ESA) and Clean Water Act (CWA). This is especially true where special-status species are present. Permits are generally needed when conducting grounddisturbing construction, maintenance, or restoration activities in or near water bodies including creeks, wetlands, channels, or riparian areas.

Montrose provides the full range of permitting support for all types of projects. Our permitting experience is founded on a scientific understanding of affected resources, expertise with environmental regulations including ESA and CWA, and a successful history of working with regulatory agency staff. In addition to preparing Biological Assessments, habitat conservation plans, wetland delineation reports, and habitat mitigation plans, we prepare all necessary regulatory applications for agencies including USACE, the Central Valley RWQCB, and CDFW. We also have a successful record of coordinating and negotiating with regulatory agencies to obtain all necessary permit approvals.

A California ESA Section 2081 permit (or Incidental Take Permit) from CDFW is required if a project has the potential to result in take of state-listed species. Our team is very familiar with state and federally listed species with potential to occur in and/or near Turlock.

Montrose has worked on many projects in Stanislaus County and the Turlock region that have required formal or informal consultation via Section 7 consultation during USACE Section 404 permitting. We will work with the City throughout each project to develop a successful and cost-effective approach to USACE permitting that complies with the federal ESA. We will work with the City and the resource agencies to identify measures to avoid take of listed species, or at least simplify and facilitate consultation. Project activities often can be planned and conducted in a way to avoid take of state-listed species, thus avoiding the need for an Incidental Take Permit from CDFW.

Pre-construction Surveys
Special-status species found in Turlock and/or the greater Stanislaus County include Swainson’s hawk, Valley longhorn elderberry beetle, Hoary bat, silvery legless lizard, western pond turtle, tricolored blackbird, Suisun song sparrow, burrowing owl (Athene cunicularia), and other nesting bird species protected by the Migratory Bird Treaty Act and California Fish and Game Code, and other state and federally listed species.

The Montrose team has a broad range of experience conducting reconnaissance and protocol-level surveys for the species listed above and many other special-status species animal and plant species in the Central Valley. Our staff holds USFWS/CDFW authorizations and approvals for performing pre-construction surveys, habitat evaluations, and construction monitoring for these species and other sensitive habitats.

Mitigation Monitoring
Our biologists are experienced in monitoring and reporting habitat mitigation sites in accordance with approved mitigation plans and regulatory permit requirements. During such site visits, our biologists collect all necessary data, such as plant survival, height, plant health, and vigor. We are accustomed to preparing annual monitoring plans documenting monitoring results and data analysis that are compliant with regulatory agency requirements and, if needed, identify remedial actions if mitigation sites do not meet success criteria.

3.4 Caltrans Local Assistance Program
Montrose is prepared to assist the City in developing a full range of environmental documentation that may be required by Caltrans. Our staff understands Caltrans Local Assistance Environmental Procedures (Chapter 6 of the City of Turlock
Qualifications for On-Call Environmental Study Services 8 Local Assistance Procedures Manual), such as the Early Scoping requirements for preparing a Preliminary Environmental Screening (PES) form, and requirement to prepare technical studies in accordance with the Caltrans Standard Environmental Reference (SER). We have a detailed understanding of the SER, the Federal Highway Administration’s NEPA Regulations (23 CFR 771), and other transportation-specific requirements such as Section 4(f) of the Department of Transportation Act.

Projects under this on-call contract that involve Caltrans Local Assistance will be led by Bridget Lillis and Harry Boxler. Bridget has prepared NESs, WQARs, and Community Impact Assessments that conform to LAPM requirements, including a Community Impact Assessment for the South Main Street Pavement Repair and Resurface Project – Yosemite Avenue to Atherton Drive in Manteca, for which Caltrans acted as the NEPA lead agency. Harry managed preparation of the EIS and EIR for the Los Angeles-to-Anaheim and Burbank-to-Los Angeles sections of the California High-Speed Rail.

3.5 Third-Party Review
Montrose has extensive experience in providing third-party reviews of CEQA/NEPA and other environmental compliance or permitting documents for its clients. Recent examples of this include work conducted under an oncall contract with the California Public Utilities Commission (CPUC), in which Montrose has reviewed CEQA/ NEPA compliance documents prepared by publicly owned utility applicants.

Montrose staff has also assisted DCC’s commercial cannabis licensing staff with review and comment on environmental documents prepared by local jurisdictions throughout the state, to ensure that the information required for license approval is provided and adequate to meet DCC’s needs as a CEQA responsible agency.

For the McAllister Ranch Groundwater Banking Project, the City of Bakersfield requested that Montrose staff review the scopes of work submitted by the applicant’s consultants; once the studies were prepared, our staff review them for adequacy and, following any needed revisions, incorporated them into an EIR for the project.

3.6 Additional Services
GIS and Data Management
Montrose utilizes global positioning system (GPS) units to support all our field evaluations and data collection on vegetation boundaries, wetland delineation boundaries, and special-status species locations. The results of our fieldwork are entered into ArcGIS, combined with high-resolution georeferenced aerial photographs, and groundtruthed in the field for quality control when necessary. Montrose will ensure that our GIS deliverables are compatible with the City’s GIS database.

Graphics, Website Development, and Assembly Bill 434/ADA Compliance The Montrose team has in-house graphic designers who can develop easily discernable exhibits of environmental information (e.g., drawings, maps, posters, notices, and other materials) when required by the City.

AB 434 requires state agencies to comply with accessibility guidelines for documents and files available on their websites. This requirement was expanded to include local jurisdictions when their environmental documents are posted to the State Clearinghouse for public review under CEQA. Federal documents must comply with visual accessibility requirements included in the Americans with Disabilities Act (ADA). Montrose works closely with Allyant, the owner of the CommonLook suite of ADA compliance software, to provide electronic versions (e.g., PDF, Word) of the Montrose team’s deliverables that are fully ADA-compliant.

Public Outreach
The Montrose team has extensive experience with public participation and community outreach. We are experts in effectively leading public involvement during the CEQA and NEPA process, and we conduct a wide range of stakeholder outreach activities. Our outreach experience includes developing public awareness materials, conducting stakeholder and community advisory forums, facilitating public workshops, giving presentations, and City of Turlock
Qualifications for On-Call Environmental Study Services 9 developing and maintaining project websites. Ken Schwarz and Tom Engels have a long history of leading public meetings and managing public participation and outreach, including successful facilitation of outreach processes for large-scale and contentious projects. We focus on addressing concerns in early phases of the project, seeking to provide opportunities for all voices to be heard and to reduce the risk of project disruptions or delays.

Notifications and Filings
Montrose is very familiar with all the necessary CEQA and NEPA notices and procedures and the filing requirements at county clerk offices and the State Clearinghouse. Such documents include Notes of Exemptions, Notices of Intent, Notices of Availability, Notices of Preparation, and Notices of Determination.

4.0 RESPONSE TIME
Montrose’s guarantee of responsive service is based on (1) our successful experience managing on-call contracts; (2) the value added through our approach to the work; (3) the experience, availability, and flexibility of our professional staff; and (4) our proven record of meeting our previous commitments for the City of Turlock. We are able to make this guarantee because our principals, project managers, technical leads, and analysts are committed to continue providing high-quality service to the City in every context: technical skill, cost effectiveness, and timely delivery of services to achieve scheduling goals.

CEQA compliance for some projects is fairly straightforward. For other projects, it can be complex. The sensitivity of issues, number of stakeholders, and requirements of funding sources can lead to project stops/starts and schedule changes. More than anything, ability to meet schedules requires diligence and flexibility.

Our track record includes multiple DGS project examples that showcase our reliability regarding schedule performance. For example, the CDFA Turlock North Valley Laboratory Replacement Project demonstrates our ability to meet schedules throughout the life of a project, even with challenges such as the COVID-19 lockdown and strategic negotiations to determine prime farmland mitigation approach. As another example, Montrose responded within hours to assess a nesting bird issue at a State parking garage that was undergoing renovations and provided DGS staff with recommendations for minimizing impacts to the nest and guidance for maintaining compliance with federal and state laws.

4.1 On-Call Contract Experience
Our team has experience supporting on-call/retainer contracts with other clients, including the Cities of West Sacramento, Modesto, Oakland, Orinda, and Cupertino; the California Department of General Services; the California Public Utilities Commission; and the Counties of Alameda, Contra Costa, Sonoma, and San Mateo.

Part of our success and effectiveness serving the needs of our on-call clients has been our responsiveness and understanding of how best to initiate an individual task order quickly. Often, the need to initiate a project is urgent and Montrose’s management team can provide scopes of work and budgets for task orders within a few days. We will assign an appropriate task order leader based on the nature of the task, staff availability, and any specialized project needs (e.g., condensed schedule or immediate need for field visit). Typical task kickoff assignments include securing site access, scheduling site visits, developing data/information requests, and developing a schedule that meets the City’s needs.

Montrose’s management team has long-standing experience working with a diversity of project participants, including staff from client agencies, engineers, contractors, and other local agencies. This allows us to gather information efficiently to develop an appropriate project scope and initiate the project. When project information is not yet defined, we conduct slightly broader analyses to accommodate potential changes in a conceptual project design. We have proven expertise in preparing program-level CEQA documents that enable the client to move forward with related projects quickly and efficiently without repetitious environmental review requirements.

City of Turlock
Qualifications for On-Call Environmental Study Services 10 Our staff will keep the City’s project manager(s) informed of the project’s progress with the right level of project information, while at the same time working independently to produce deliverables and resolve project challenges along the way. In this way, we aim to reduce management burden on City staff. We will work closely with the City’s project managers to discuss any issues or unresolved information needs immediately. We will work with the City to develop practical and workable mitigation measures or alternative solutions to meet the project needs.

4.2 Value Added through Our Approach to the Work
Our team is skilled in tailoring documents and studies to consider local environmental conditions for project planning and impact analyses, complying with local regulations, and developing appropriate actions or measures in response to tribal or agency coordination. For example:
 Montrose helps inform the land acquisition process to focus site selection and minimize potential environmental requirements (level of CEQA document, public outreach needs, or potential mitigation measures) as much as possible. Montrose has helped many agencies efficiently navigate the environmental compliance process.
 We approach each project from a broad perspective to ensure that the environmental strategy addresses all concerns. In addition to the full range of CEQA/NEPA requirements, we take into consideration possible regulatory permits, cultural resources (e.g., structures more than 45 years old should be evaluated for eligibility for listing in the CRHR or NRHP), air district requirements, and local resource protection measures.
 Tribal consultation can affect a project’s schedule. Montrose’s cultural resources staff are skilled in working with clients and tribes to develop mitigation measures or implement other actions that are respectful, comply with the regulations, and are achievable within the project’s schedule and budget.

Delivering on Our Commitment to Problem Solving
Montrose assisted the City of Turlock with implementing environmental pre-construction, monitoring, mitigation, and reporting requirements for the City’s Surface Water Distribution System Improvements Project. Because the distribution system connects to the water treatment plant, which was also under construction, the timing of construction activities was a critical issue for the project. When an active house finch nest was discovered within the concrete form of the tank wall, Montrose responded immediately and worked closely with regulators and the project team to find a solution that avoided significant construction delays.

4.3 Staff Experience
Our team is led by the combined leadership of Tom Engels, principal-in-charge, and project manager Debra Lilly.

Tom and Debra have worked together as a management team on many contracts, including the State Streets Infrastructure Improvement Projects with the City of West Sacramento; the CDFA Turlock North Valley Laboratory Replacement Project for DGS; the SRWA’s Regional Surface Water Supply Project; and a task order at the Jennings Pumping Plant under an on-call contract for the City of Modesto Public Works Department.

City of Turlock
Qualifications for On-Call Environmental Study Services 11 Figure 1 provides an organizational chart of the project team. Table 1 lists staff names, roles, and qualifications.

Resumes for all staff are provided as an attachment to this proposal.

Tom Engels, Ph.D., Principal-in-Charge, CEQA/NEPA Strategy, Third Party Review, and Public Outreach Tom specializes in CEQA and NEPA compliance for infrastructure and resource planning projects and has 32 years of experience as an environmental consultant. He has managed the preparation of CEQA documentation for a wide variety of projects, including urban and residential developments, urban infrastructure projects, dams and reservoirs, hydroelectric projects, electric distribution projects, flood protection projects, and habitat conservation plans. Tom is an effective communicator, taking complex information and communicating it in a way that is understandable to the general public. He has taught numerous courses on NEPA, CEQA, ESA, and CWA compliance for clients and for the University of California System. Since 2016, Tom is an adjunct professor at the University of San Francisco, teaching a graduate course in CEQA and NEPA compliance.

Responsibilities. As principal-in-charge, Tom will provide oversight on the contract, assist the project manager to ensure that the contract requirements are met, provide QA/QC reviews on project deliverables, and support the City at board meetings and public meetings. Tom is available to the City at all times to discuss the contract, project progress, and Montrose’s performance.

Debra Lilly, Project Manager, CEQA/NEPA Lead
Debra has managed and coordinated a wide range of CEQA and NEPA documents, from quick-turnaround IS/MNDs to complex, statewide EIRs. Debra has more than 25 years of experience preparing and managing environmental analyses and documents from beginning to end. Debra understands the concerns and issues of Central Valley cities and counties. For the last 8 years, Debra has managed environmental compliance for the Regional Surface Water Supply Project in Stanislaus County, which is nearing completion of a water treatment plant on the Tuolumne River. She managed the CDFA Turlock North Valley Laboratory Replacement Project in Turlock, which involved close coordination with the City on utility issues and development of mitigation for loss of Prime Farmland. She also managed the State Streets Infrastructure Improvements Project with the City of West Sacramento, which involved replacement and repair of water and sewer pipelines in a historic neighborhood with many heritage trees.

Responsibilities. Debra will handle the day-to-day project management duties, including coordination with internal staff, keeping the project on schedule, budget tracking, providing the City with regular communications and updates, helping lead project management meetings, and supporting the City with any public or City Council meetings.

Janis Offermann, RPA, Cultural Resources, AB 52 Lead
Janis has more than 40 years of experience in the fields of archaeology and cultural resources management within California. She meets the U.S. Secretary of the Interior’s professional qualifications as an archaeologist and is a Registered Professional Archaeologist. She excels in applying the California Environmental Quality Act (CEQA) to cultural resources and assisting clients implement the Assembly Bill 52 legislation, which requires that State agencies consult with Native American tribes on projects. Janis also has extensive experience working with Section 106 of the National Historic Preservation Act and has worked closely with the OHP and California Department of Parks and Recreation. She regularly drafts Area of Potential Effect maps for project evaluations and oversees or prepares historic property studies and cultural resource studies. For the City of West Sacramento, she oversaw the architectural evaluation of a historic City of Turlock
Qualifications for On-Call Environmental Study Services 12 neighborhood that was undergoing extensive public works improvements, prepared the cultural resources assessment, and assisted the City with Native American consultation.

Responsibilities. Janis will be responsible for informing Native American tribal contacts about the City’s projects, responding to requests for consultation under AB 52, and preparing cultural resources assessments based on record search information provided by the Native American Heritage Commission. She will also oversee evaluations of historic properties by Montrose staff as needed. For projects with federal involvement, she will complete the analysis required under Section 106 and obtain concurrence as needed.

Carley Dutra, Biological Resources, Permitting Lead
Carley has 21 years of experience in environmental planning, specializing in compliance with CEQA, ESA, and Clean Water Act for a wide variety of projects. Carley has served as a project manager on environmental compliance projects and has provided project-wide oversight during construction. Carley CEQA compliance documents, proponent environmental assessments (PEAs), feasibility studies, biological assessments, mitigation, monitoring, and reporting programs (MMRPs), and stormwater pollution prevention plans (SWPPPs). Carley has prepared, reviewed, and renewed environmental permits while coordinating with appropriate regulatory authorities, and has participated in wetland, riparian area, protected tree, sensitive wildlife and plant species surveys and delineations. She has served as a biological monitor on many construction projects. Carley has also prepared and presented supervisory and staff-level environmental training programs.

Responsibilities. Carley will be the biological resources/permitting lead for the City’s projects. In cases where biological resources field surveys or screening are needed, she will coordinate with Montrose staff to assign appropriately trained experts who can quickly and efficiently provide the needed services. On more complex, fullscope environmental projects, she will coordinate preparation of the biological resources analysis and assist the City in developing an effective permitting strategy.

Bridget Lillis, Caltrans, Local Assistance Program Lead Bridget is an environmental planner and permitting specialist with over 10 years of experience preparing environmental documents for natural resource management, recreation, transportation, infrastructure, development, and utilities projects pursuant to CEQA and NEPA. She has experience preparing community impact assessments in accordance with Caltrans Local Assistance requirements.

Responsibilities. Bridget will assist the City on projects with Caltrans involvement, either through the Local Assistance Program or as a reviewing agency.

City of Turlock
Qualifications for On-Call Environmental Study Services 13 Figure 1. Project Organization Chart
City of Turlock
Qualifications for On-Call Environmental Study Services 14 Table 1. Summary of Staff Experience, Education, Certifications, Training Name Project Role
Experience
Total Firm Education, Certifications, Training
Tom Engels Principal-in-Charge,
CEQA/NEPA Strategy,
Third Party Review
32 12 Ph.D., Biological Sciences
B.A., Liberal Arts
Debra Lilly Project Manager 34 8 B.A., English
Janis Offermann Cultural / Tribal Resources
Lead, AB 52 Coordination
48 9 Register of Professional Archaeologists
M.A., B.A., Anthropology
Carley Dutra Biological Resources,
Permitting Lead
21 8 B.S., Parks and Natural Resource Management
A.A., General Studies
See resume for permits and certifications
Susan Pearce Third Party Review 29 8 California Bar Admission, 1997 J.D., University of California
B.A., Political Science
Jennifer Schulte Air Quality, GHG Emissions,
Energy, Noise
17 4 Ph.D., M.S., B.S.ChE. Chemical Engineering
B.S. Mathematics
Alexandria Fraser Resource Analyst, GIS 12 3 MPlan, Master of Planning BPlan, Bachelor of Planning
Emma White Resource Analyst 5 1 B.S., Environmental Policy Analysis and Planning Jessica González Biological Resources 18 2 M.S., Environmental Studies B.S., Environmental Studies
See resume for permits and certifications
Lisa Herrera Biological Resources 19 1 B.S., Evolution and Ecology See resume for permits and certifications
Dean Martorana Archaeology, GIS 24 3 Register of Professional Archaeologists M.A., Anthropology; B.A., Psychology
Kara Brunzell Historian, Architectural
Historian
17 9 Qualified historian/architectural historian under
Secretary of the Interior’s Professional
Qualification Standards (36 CFR, Part 61)
M.A., History/Public History; B.A., History
Bridget Parry Archaeology 6 1 M.A. Archaeological Studies B.S. Anthropology and Geography
Archaeological Field School
Diana Roberts Resource Analyst 27 2 M.A., Linguistics; B.S., Applied Psychology Ken Schwarz Hydrology, Water Quality,
Groundwater
32 17 Ph.D., Geography (Geomorphology and Hydrology)
M.A., Geography (Geomorphology and Hydrology)
B.A., Regional Development
Brian Piontek Resource Analyst, Permitting 19 10 M.S., Environmental Management B.S., Environmental Science
Kim Quinn Resource Analyst 22 1 B.A., Environmental Studies (concentration in land use management and planning)
Harry Boxler Resource Analyst 28 1 MCP, B.A., Sociology Bridget Lillis Resource Analyst, Caltrans
Local Assistance Program
12 4 B.S., Environmental Management and Protection
City of Turlock
Qualifications for On-Call Environmental Study Services 15

5.0 PUBLIC AGENCIES

5.1 Experience with Public Agencies
Montrose has proven success working with cities, counties, state and federal agencies, water districts, flood control agencies, regional development partnerships, and other public agencies. We understand the critical need for communication both within the primary client agency and also across a wider team, including CEQA Responsible and Trustee Agencies, service providers, and other stakeholders that may be affected by or would comment on the proposed project.

When initiating the early phases of a project (i.e., project description development and data gathering processes), we will assist the City to ensure that partner agencies and stakeholders are aware of the project and have an opportunity to provide comments or input. Depending on the nature of the project, these agencies and entities may include various departments at the City, Stanislaus County, Turlock Irrigation District, Stanislaus Regional Water Authority, public utilities, and the San Joaquin Valley Air Pollution Control District. We will also coordinate as needed with state agencies such as the California Air Resources Board, CDFW, Central Valley RWQCB, and Caltrans (in particular under the Local Assistance Program). Federal agencies may have input on some projects as well; we have longstanding relationships with staff at many of these agencies, including USFWS, USACE, NOAA Fisheries, FHWA, and U.S. Environmental Protection Agency. For the tribal cultural resources effort, Montrose will contact and solicit input from local tribes and comply with all requirements of Assembly Bill 52.

We will ensure that the environmental analysis addresses comments received from public agencies. Ensuring that interested agencies participate in the early stages of the CEQA process reduces the likelihood that issues could be overlooked in the CEQA document. With regard to Responsible Agencies and federal permitting agencies, it is important to ensure that the CEQA document correctly discloses the permitting and approval requirements and, if feasible, provides environmental analysis to support future permitting.

In addition to coordinating with public agencies on behalf of our clients, we have experience working directly for these agencies, as described throughout this proposal. This means that we understand their concerns and the standards they typically apply to environmental assessments. For example, our familiarity with water and wastewater utility agencies enables us to quickly access information about off-site utility improvements that may be needed to serve a project, which should be covered in the CEQA document.

Our cultural resources experts have worked successfully with a wide range of California tribes on a variety of projects to discuss tribal cultural resources and develop mitigation measures agreeable to all parties.

Depending on the specific needs of each project, our project management team and/or technical analysts are available to contact local agencies, participate in meetings, support due diligence efforts, discuss potential concerns, and/or request supporting information for project analyses. For example, on the CDFA North Valley Laboratory Replacement Project, CDFA acquired a site in Turlock with the intent of relocating its North Valley Laboratory to a larger, more centrally located replacement facility. The property had previously been farmed and was considered Prime Farmland by the California Department of Conservation. To assist DGS and CDFA in developing and implementing mitigation for the loss of Prime Farmland, Montrose researched agencies and organizations with agricultural mitigation programs; identified the California Farmland Trust (CFT) as a viable option; and assisted with negotiations between CDFA and CFT to develop an agreement for payment into CFT’s existing easement program.

5.2 Approach to Coordination with Public and Regulatory Agencies The Montrose team will apply our expertise with regulatory laws and statutes and our strong relationships with agency staff to coordinate with the applicable agencies at the appropriate time and on the appropriate level.

Regulatory permitting is a core service and area of expertise at Montrose; we have navigated regulatory approvals for many permits as well as engaged with the regulatory agencies regarding their input on CEQA documents for City of Turlock
Qualifications for On-Call Environmental Study Services 16 specific projects and programs. Some examples of public agencies that may be involved in the approval or completion of City projects are listed below.
 Central Valley RWQCB – The RWQCB will be interested in how a project may affect land cover and thereby potential hydrologic and hydraulic changes to surface runoff, streamflow, water quality, and sedimentation or erosion issues in county streams. We are experts in these subjects and have many years of success obtaining permits with the RWQCB.
 State Water Resources Control Board (SWRCB) – The SWRCB regulates stormwater discharges from municipal separate storm sewer systems (MS4s) through its Municipal Storm Water Permitting Program.

Montrose will consult with the SWRCB as needed regarding the City’s compliance with its MS4 permit, best management practices, General Construction Stormwater Permit, and other stormwater management requirements.
 Caltrans – Coordination with Caltrans can take place at several different levels. On a project funded under the Local Assistance Program, we will assist the City to coordinate with Caltrans as the NEPA lead agency, including preparation of required technical studies. On a project that tangentially affects a Caltrans property, we will request input on Caltrans’ desired level of traffic analysis and review the agency’s comments, as with other state agencies during scoping. If the City is involved in a project on the State Highway System, we will assist the City to coordinate with both Caltrans and FHWA.  State Office of Historic Preservation – When a project may affect archaeological or historical resources or tribal cultural resources, Montrose will interact with knowledgeable experts to evaluate the significance of the affected resources and determine whether they are eligible for listing. We will provide our evaluations to OHP for review and concurrence and work with them to develop appropriate mitigation when necessary.
 CDFW – CDFW is typically interested in how potential land use and land cover changes associated with a project may affect sensitive species and habitats. We work closely with CDFW on many projects and have an excellent reputation with this agency for our scientific understanding of species and habitat conditions and needs. We also know that many times, maintaining continuous communication and engagement with CDFW can be the best pathway toward permitting success.  USFWS – Similar to working with CDFW, we have an excellent reputation with USFWS for our understanding of local habitats and the needs of protected species. We will coordinate closely with USFWS to ensure that their concerns are addressed as we evaluate potential effects of a given project or develop impact avoidance and minimization measures.

6.0 REFERENCES
These references can speak to the quality of our services during the past 2 years.

City of Turlock, Department of Public Works – Engineering Division Stephen Fremming, Principal Civil Engineer
156 S. Broadway, Suite 150, Turlock, CA 95380
(209) 668-5417 | [email protected]
Project: Turlock Local Facilities Biological Monitoring California Department of General Services, Real Estate Services Division Jennifer Parson, Senior Environmental Planner
707 3rd Street, 4th Floor, West Sacramento, CA 95605
(916) 376-1604 | [email protected]
Project: DGS Environmental Retainer Agreements
City of Turlock
Qualifications for On-Call Environmental Study Services 17 West Yost Associates
Lindsay Smith, Vice President
2020 Research Park Drive, Suite 100, Davis, CA 95618
(530) 574-5734 | [email protected]
Project: SRWA Regional Surface Water Supply Project

7.0 SAMPLE OF WORK
The following project examples illustrate Montrose’s experience with public sector clients. These projects/contracts demonstrate our experience in the local/regional area and our success managing/staffing oncall contracts.

Regional Surface Water Supply Project, Stanislaus County, CA Stanislaus Regional Water Authority
Relevance: Demonstrates experience with public agencies in the Turlock area.

Services: CEQA (IS/MND, EIR, Addendums 1-3), biological resources surveys, permitting, Section 10 consultation, construction mitigation monitoring Description: Montrose has supported SRWA for 15 years in planning and CEQA compliance related to the Regional Surface Water Supply Project (RSWSP). Montrose prepared an IS/MND for construction and testing of a wet well at TID’s existing infiltration gallery site on the Tuolumne River. Subsequently, Montrose prepared an EIR to evaluate use of the infiltration gallery and construction of a pump station, raw water pipeline, water treatment plant, treated water pipelines, and storage tanks.

Montrose also supported submittal of the project’s State Revolving Fund construction loan application.

Montrose biologists conducted preconstruction surveys for special-status species and flagged avoidance buffers around elderberry shrubs. They worked closely with the contractor in the field to fine-tune the location of the access driveway, and later the permanent fencing, to avoid impacts on elderberry. Two seasons of nesting bird surveys were conducted. Biologists were on site during highly disturbing construction activities, such as concrete pouring for the wet well, to ensure that nesting Swainson’s hawks in the area were not affected. Montrose obtained permits and approvals from USACE, USFWS, NMFS, Central Valley RWQCB, and CDFW and managed permit compliance throughout the construction period.

Total Project Budget: $1,150,430.12; project to continue through 2024.

City of Modesto, Multiple Projects, Stanislaus County, CA City of Modesto, Utilities Department
Relevance: Demonstrates successful project planning, CEQA compliance guidance and documentation, as well as long-term client service and flexibility.

Services: CEQA, permitting, construction mitigation monitoring Description: Montrose has supported the City of Modesto’s Planning and Utilities Departments with CEQA services since 2008. The City’s municipal service area includes the City of Turlock
Qualifications for On-Call Environmental Study Services 18 Modesto sphere of influence and the communities of Del Rio, Ceres, Grayson, Waterford, Hickman, and portions of Turlock. The following is one project.

Del Rio Tank and Wells Project, Del Rio, Stanislaus County, California The Del Rio water system required a new storage tank/pump station, well, replacement well, backup generators, and pipelines to address deficiencies in design pressure and storage volume requirements for water supply and fire-flow demand and to supply anticipated future growth in the Del Rio area. Key issues addressed in the EIR included aesthetics and visual resources, biological resources, potential overdraft of the Modesto Groundwater Subbasin, and noise. Montrose also provided biological monitoring services before and during construction.

Total Project Budget: $263,229
Turlock North Valley Laboratory Replacement Project EIR, Turlock, CA California Department of General Services | Department of Food and Agriculture Relevance: Demonstrates Montrose’s familiarity with environmental issues in Turlock, as well as our expertise in CEQA review
Services: CEQA, mitigation monitoring, development of agricultural mitigation Description: The California Animal Health and Food Safety (CAHFS) and California Department of Food and Agriculture (CDFA) are replacing the existing Turlock laboratory with a larger, full-service laboratory, office, and necropsy facility to provide comprehensive services related to animal health and performance, public health, and food safety in the northern San Joaquin Valley region. Montrose prepared an initial study, focused EIR, and two addenda to the EIR.

A major issue of the project involved the conversion of Important Farmland to nonagricultural uses. Montrose researched mitigation options, spoke with various agricultural agencies and groups, and proposed that CDFA commit to funding a permanent easement on unprotected Important Farmland near the project site.

Link to document: https://ceqanet.opr.ca.gov/Project/2021020514 Total Project Budget: $610,913
State Streets Infrastructure Improvement Project, West Sacramento, CA City of West Sacramento
Relevance: Demonstrates experience with CEQA review of urban projects, problem-solving skills, expertise in biological resources and built-environment resources Services: CEQA, permitting, HCP coordination, construction monitoring Description: The City of West Sacramento (City) proposed improvements to water and sanitary sewer infrastructure and existing pavement within the historic State Streets neighborhood. Many properties have well-established landscape trees, some of which had grown over or beneath the sidewalk and road and caused damage to pavement and/or pipelines.

Our approach evaluated impacts on heritage trees and potential noise impacts on neighbors. Construction monitoring was frequent and responsive, avoiding delays in City of Turlock
Qualifications for On-Call Environmental Study Services 19 completion of the project. An architectural
historian also reviewed background information
for the neighborhood to determine whether it
might be eligible for listing in the California
Register of Historical Resources.

During construction, Montrose biologists
conducted preconstruction surveys weekly or
more frequently to keep up with the steady
progress of construction activities through the
neighborhood. Because of the density of
residential development in the State Streets
neighborhood, on-site monitoring was
sometimes necessary to ensure that birds
nesting in residents’ yards were not disturbed by
nearby activities.

Link to document:
https://www.cityofwestsacramento.org/home/showpublisheddocument/9555/ 637085478847870000
Total Project Budget: $120,995
Environmental Services Retainer Agreement, California
California Department of General Services, Real Estate Services Division Relevance: Demonstrates quick-response performance and preparation of environmental documents for CEQA compliance for projects on a task-order basis.

Services: CEQA, permitting, biological resources surveys/evaluation, cultural resources assessments, tribal coordination, project management
Description: Montrose has led retainer contracts with the Real Estate Services Division (RESD) of the California Department of General Services (DGS) since 2016. Environmental analysis and CEQA compliance required for these projects include a full range of environmental, biological, and cultural resources investigations. The following recent projects illustrate the wide range of facilities and CEQA services we have supported.  CHP Academy Drainage Channel Improvements Project
 Harney Rd Bridge Repair Permit Compliance
 Truckee Agricultural Inspection Station, IS/MND
 Alpaugh Water System Arsenic Treatment Project
 Sierra Linda Water Treatment Project, Special Status Plant Surveys  Historic Resource Evaluation - Orientation Center for the Blind Total On-call Budgets:

DGS Coastal (18945-C)
Contract Ceiling: $5,000,000
Contract Spent: $1,697,129
# of Task Orders 11
Start & End Year 2021/2026
DGS On-Call II (#8358-C):

Contract Ceiling: $5,000,000
Contract Spent: $2,159,314
# of Task Orders: 37
Start & End Year: 2018/2023
DGS On-Call I (3182978)
Contract Ceiling: $2,810.000
Contract Spent: $1,681,714
# of Task Orders 38
Start & End Year 2015/2020
City of Turlock
Qualifications for On-Call Environmental Study Services 20 On-Call for Biological and Broad Range Environmental Services, Alameda County, CA Alameda County Flood Control and Water Conservation District Relevance: Demonstrates Montrose experience providing consulting services to a public works type agency, providing CEQA compliance, obtaining regulatory permits, and running multiple projects in parallel.

Services: CEQA, permitting, technical studies, biological monitoring, project management Description: Alameda Creek Turnaround. Under Montrose’s on-call contract with the District, this project reconstructs a vehicle turnaround on the Alameda Creek levee.

Montrose is leading the environmental permitting process and CEQA compliance.

Montrose prepared an IS/MND, biological assessment, mitigation and monitoring plan, US Army Corps of Engineers 408 letter, CWA 404 and 401 permit applications, F&GC 1600 Streambed Alteration Agreement, and BCDC permit application.

Link to document: https://ceqanet.opr.ca.gov/2024090138 Total On-call Budget: $1,900,000
Vallecitos Channel Maintenance Project, Alameda County, CA Alameda County Water District
Relevance: Demonstrates experience providing project recommendations in repair and design, CEQA compliance, incidental take permits, monitoring, and reporting.

Services: CEQA, permitting, biological resources surveys/evaluation, project management Description: The Vallecitos Channel in eastern Alameda County is a critical component of the District’s water supply system. The Montrose team supported the District in developing a project to restore its designed conveyance capacity through vegetation and sediment management; bioengineering and bank stabilization treatments; rock slope protection; and repair of concrete drop structures.

Technical studies completed to support the project included geomorphic assessment and topographic survey; wetland delineation report; biological resources report; archaeological inventory report; channel alternatives report; biological assessment; CWA Section 404(b)(1) alternatives analysis; and habitat mitigation/monitoring plan.

Montrose completed a CEQA MND, regulatory permit applications, and special status species rescue and relocation plans. In addition, project construction required an incidental take permit (ITP) and compensatory mitigation credit.

Construction was completed in 2021, and Montrose will provide annual monitoring and reporting through 2032.

Link to document: https://ceqanet.opr.ca.gov/Project/2021030428 Total Project Budget: $540,000

EXHIBIT C

NOW, THEREFORE, the parties mutually agree as follows:

SCOPE OF WORK

3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.

1. ACTION RECOMMENDED:

Resolution: Approving Agreements with Associated Right of Way Services, Inc. of Walnut Creek, California (City Contract 2025-080) and Bender Rosenthal, Inc. of Sacramento, CA (City Contract 2025-79), in forms approved by the City Attorney, for On-Call Right-of-Way and Property Appraisal Services for RFQ No. 24-010, "RFQ for Right-of-Way and Property Appraisal Services", for three-year terms in amounts not to exceed $150,000 per agreement to be funded by various G/L accounts to be determined relative to the various capital projects requiring these services

2. DISCUSSION OF ISSUE:

For the past two decades, the City has utilized on-call agreements for professional services to assist in the delivery of the City’s Capital Improvement Program (CIP) projects. On-call agreements specify a maximum compensation amount and allow staff to request proposals and authorize work for various individual projects directly from retained consultants. Under an on-call agreement, either the City Engineer or Department Director are authorized to sign a “Service Request” document which details the consultant’s scope and negotiated fee, and which authorizes the consultant to perform the specified work. On-call agreements provide valuable flexibility and efficiency to the City. Without an on-call agreement, each professional service would require separate agreements that would each require preparation of staff reports and memos, review cycles and timelines for contract execution, and submission and review of insurance documents.

The types of projects that may be authorized as a result of execution of on-call right-of-way and property appraisal services agreements include providing professional appraisal services, professional services related to acquisition of right of way, relocation analysis, communication with and transmittal of offer packages to private property owners, and third party review consultation related to documents prepared by the City or other consultants retained by the City.

All California local agencies are required to follow Government Code Sec. 4526 which outlines the basic requirements for a Qualifications Based Selection (QBS) for professional services. The requirements require that the City’s professional consultants “…are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies.” The City’s procedures for procuring services are codified in the Turlock Municipal Code Section 2-7-08. Staff solicited statements of qualification from interested firms as part of RFQ No. 24-010, “RFQ for On-Call Right-of-Way and Property Appraisal Services.” This process included preparation and advertisement of a Request for Qualifications (RFQ) document outlining the scope of services, standard terms of the City’s agreement, and the evaluation and selection criteria that the review committee would utilize to score and rank statements of Agenda Staff Report
12/10/2024
qualification. The RFQ was advertised in the newspaper and on the City’s website.

On October 8, 2024, City staff received seven (7) proposals in response to the advertised RFQ. The City received proposals from the following firms:

1. Associated Right of Way Services, Inc. (ARWS)

2. Bender Rosenthal, Inc. (BRI)

3. Cushman & Wakefield

4. Dokken Engineering

5. Granite Appraisal Group

6. Paragon Partners Consultants, Inc.

7. Universal Field Services, Inc.

An evaluation committee consisting of three City employees scored and ranked proposals based on the criteria listed in the RFQ. As a result of the evaluation, City staff is recommending approval of an agreement for the two highest ranking firms, ARWS and BRI. These firms met all the minimum RFQ requirements, excelled in their ability to communicate how they could meet the needs of the City in providing such services, and are being recommended by staff for execution of on-call agreements.

Staff recommend the selection of two (2) firms, rather than a single firm, for several reasons, including:

1. Staff seek to minimize the potential negative impact on project progress during busy construction periods, as a single firm may experience high workloads that affect their ability to respond promptly, and

2. Staff seek to maintain a competitive value for services between the two firms who will be aware of their competitor’s retainer agreement with the City as well.

3. BASIS OF RECOMMENDATION:

A. Pursuant to the Turlock Municipal Code Section 2-7-08, City Council approval is required for agreements for professional services exceeding $100,000.

B. On-call right-of-way and property appraisal services agreements will provide valuable flexibility and efficiency to the City and allow the City Engineer or Department Director to authorize professional work on individual projects without having to enter into separate contracts for each task.

4. FISCAL IMPACT / BUDGET AMENDMENT:

Each agreement specifies that the maximum compensation made to each consultant shall not exceed $150,000 in the three-year term.

City staff perform project-level budget analysis when preparing requests for approval of an award of bid. When checkpoints in each capital project occur, such as an award of bid or notice of completion, the project’s projected and/or actual budget information is brought to Council. The right-of-way and property appraisal services provided by the aforementioned Agenda Staff Report
12/10/2024
two consultants will be included in that budget information.

No budget appropriation is required in order to approve the on-call agreements.

Compensation for professional work completed under the on-call agreement will be made from the general ledger accounts identified for each individual city project requiring these services.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

This action does not meet the definition of a “project” subject to CEQA in accordance with Section 15378 of the CEQA Guidelines. Each project that each consultant is working on will have it's own CEQA analysis done at that time.

8. ALTERNATIVES:

A. Council could reject the award of both consultant agreements. Staff does not recommend this alternative due to the fact that right-of-way and property appraisal services are necessary for many projects that the City has an interest in and having multiple on-call agreements provides increased competition and accountability for each of the selected firms.

B. Council could reject the award of one consultant agreement, while approving an agreement with the other consultant. Staff does not recommend this alternative because the selected consultant may be unavailable at times due to various reasons, which could cause delays and affect project delivery.

9. ATTACHMENTS:

1. Draft Resolution

2. City Contract 2025-079 with Bender Rosenthal, Inc.

3. City Contract 2025-080 with Associated Right of Way Services, Inc.

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2024-

WHEREAS, the City has utilized on-call agreements for professional services to assist in the delivery of the City’s Capital Improvement Program (CIP) projects when services are not readily available through other consultants or City staff; and WHEREAS, on-call agreements provide valuable flexibility and efficiency to the City as it limits the administrative time and cost associated with entering into separate agreements for each task that would otherwise require preparation of staff reports and memos, review cycles and timelines for contract execution, and submission and review of insurance documents; and WHEREAS, the type of projects that may be authorized as a result of execution of on-call right-of-way and property appraisal services agreements include providing professional appraisal services, professional services related to acquisition of right of way, relocation analysis, communication with and transmittal of offer packages to private property owners, and third-party review consultation related to documents prepared by the City or other consultants retained by the City; and
WHEREAS, Staff solicited statements of qualification from interested firms as part of RFQ No. 24-010, “RFQ for Right-of-Way and Property Appraisal Services” and advertised the RFQ in the newspaper and on the City’s website; and
WHEREAS, an evaluation committee consisting of three City employees scored and ranked proposals based on the criteria listed in the RFQ, resulting in a recommendation to award an on-call agreement to the two highest ranking firms; and WHEREAS, compensation for professional work completed under these on-call agreements will be made from the general ledger accounts identified for each individual city project requiring these services; and
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}

IN THE MATTER OF APPROVING

AGREEMENTS WITH ASSOCIATED RIGHT
OF WAY SERVICES, INC. OF WALNUT

CREEK, CALIFORNIA (CITY CONTRACT
2025-080) AND BENDER ROSENTHAL, INC.

OF SACRAMENTO, CA (CITY CONTRACT
2025-79), IN FORMS APPROVED BY THE
CITY ATTORNEY, FOR ON-CALL RIGHT-OFWAY AND PROPERTY APPRAISAL SERVICES FOR RFQ NO. 24-010, "RFQ FOR

RIGHT-OF-WAY AND PROPERTY
APPRAISAL SERVICES", FOR THREE-YEAR

TERMS IN AMOUNTS NOT TO EXCEED
$150,000 PER AGREEMENT TO BE FUNDED

BY VARIOUS G/L ACCOUNTS TO BE

DETERMINED RELATIVE TO THE VARIOUS

CAPITAL PROJECTS REQUIRING THESE

SERVICES
Resolution No. 2024-

Page 2 ends

WHEREAS, this action does not meet the definition of a “project” subject to CEQA in accordance with Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve Agreements with Associated Right of Way Services, Inc. of Walnut Creek, California (City Contract 2025-080) and Bender Rosenthal, Inc. of Sacramento, CA (City Contract 2025-79), in forms approved by the City Attorney, for On-Call Right-of-Way and Property Appraisal Services for RFQ No. 24-010, "RFQ for Right-of-Way and Property Appraisal Services", for three-year terms in amounts not to exceed $150,000 per agreement to be funded by various G/L accounts to be determined relative to the various capital projects requiring these services.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10th day of December, 2024, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus, State
of California

REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-010
FOR
On-Call Agreement for
Right-of-Way and Property Appraisal Services
RFQ ISSUED: 9/6/24
BIDS DUE: 10/9/2024 3:00 PM
BID SUBMITALS TO:

CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380

Page 2 of 27 ends

TABLE OF CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 4 Request for Qualifications Guidelines ............................................................................................................. 5 Assumptions............................................................................................................................................................. 6 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .................................................................................................................................... 8 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call Agreement for Right-Of-Way and Appraisal Services………………………….... 9

Page 3 of 27 ends

INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional right-of-way and property appraisal services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).

RFQ TIMELINE
This RFQ will be governed by the following schedule:
 RFQ Issued: 9/7/2024
 Proposals Due: 10/9/2024 3:00PM
 City Council Approval of Agreement: 11/12/2024
*All dates are subject to change at the discretion of the City

Page 4 of 27 ends

SCOPE OF SERVICE
The City invites you to submit a proposal for professional right-of-way and property appraisal services. Consultant shall provide professional residential and commercial property appraisal services to the City of Turlock on an “as needed” basis. These properties may be full or partial acquisitions, rights of way, as well as residential or commercial properties that may be acquired through eminent domain. These services shall comply with standard industry appraisal requirements, as well as federal acquisition requirements as outlined in 49 CFR Part 24.

The scope of work includes, but is not limited to, the following:

1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures;

2. Possession of an active and valid general license issued by the Department of Consumer Affairs –Bureau of Real Estate Appraisers (BREA).

3. Appraisal and appraisal review of properties funded by multiple funding sources; and in accordance with the jurisdictional standards set by the funding source such as the Uniform Act and the Caltrans Right of Way Manual.

4. Appraisal services that conform to eminent domain protocols;

5. Activities related to acquisition of rights of way and relocation analysis and assistance.

6. Requested services may involve any one, or a combination of, the following Professional Service areas:
a. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same; b. Assist the City’s Engineering Division with presentations and/or recommendations to the City staff or Administration;
c. Provide professional appraisal services;
d. Communication with and transmittal of offer packages to private property owners;
e. Third party review consultation related to documents prepared by the City or other consultants retained by the City.

In addition, the City may elect to have the Consultant act as “Contract Manager,” as defined in Chapter 13 of the Caltrans Local Assistance Procedures Manual (LAPM), for one or more projects throughout the life of this agreement. If this election is made the Consultant would be responsible for the following:

1. Performing a functional review for each right-of-way activity;

2. Approving and coordinating all consultant activities;

3. Approving requests for payment (after completion of work);

4. Preparing interim/final contract completion reports and performance evaluations.

Page 5 of 27 ends

The cover page, table of contents, and divider tabs will not be counted towards the page limit.

The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.

The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional right-of-way and appraisal services. Each qualifications statement must contain a statement of qualifications that includes the following information:

1. General Information – Provide the name, address, Unique Entity Identifier for SAM.gov and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make binding agreements. Include the professional qualifications necessary for completing the work (i.e. copies of California State Appraiser Licenses and Certificates);

3. Services and History– Provide a list of available services as well as a listing and description of work completed. Describe experience working within the Northern California real estate market in general and the Turlock real estate market in particular;

4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Turlock. This section should include a description of the firm or individual’s access to and use of computerized databases as a means of reducing costs and insuring timely delivery of services. Include the expected length of time from the time the service is requested to the delivery of the completed appraisal;

5. Public Agencies – Include narrative description of experience with public agencies, if any;

6. References – Provide three or more references that can supply information on the quality of your services during the past two years. In addition, provide at least three samples of work, with confidential information redacted, of such services to be reviewed for form, clarity, and thoroughness.

Page 6 of 27 ends

7. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.

ASSUMPTIONS
The City Council is the only entity authorized to award an on-call agreement for professional right-of-way and property appraisal services. The City reserves the right to enter into agreements with multiple consultants.

The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.

PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.

Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Wednesday, October 9, 2024. No late submittals will be accepted. Proposers shall submit one original and one electronic copy (via USB drive) of requested documents.

Page 7 of 27 ends

Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Work Projects 20
Total Points 100
Please note that this RFQ pertains to professional right-of-way and property appraisal services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.

Recommendation for award is contingent upon the successful negotiation of final contract terms.

Page 8 of 27 ends

EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with City Council members about this RFQ. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFQ with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFQ Facilitator, regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.

Qualifications for
Presented by BENDER ROSENTHAL INCORPORATED | 2825 Watt Avenue, Suite 200, Sacramento, CA 95821 On-Call Agreement
for Right of Way &
Property Appraisal
Services
October 9, 2024
City of Turlock
City of Turlock | On-Call Right of Way & Property Appraisal Services

1. GENERAL INFORMATION 1

2. BACKGROUND 2

3. LIST OF SERVICES 3
A. REGIONAL EXPERIENCE 4

4. RESPONSE TIME 5
A. KEY PERSONNEL 8

5. PUBLIC AGENCIES 11

6. REFERENCES 13

7. FEES PROVIDED SEPARATELY

APPENDIX

RESUMES

LICENSES

SAMPLE APPRAISAL REPORTS
Table of contents
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 1

1. General Information
Firm Information
Name: Bender Rosenthal Incorporated (BRI)
Address: 2825 Watt Ave, Suite 200, Sacramento, CA 95821 Phone Number: (916) 978-4900
Authorized Negotiator
Renee Baur, PMP, CA Real Estate Broker
Chief Executive Officer
[email protected]
(916) 978-4900 x 2005
Certifications & Registrations
Certified Small Business Enterprise (SBE) – 48014
Certified Woman Business Enterprise (WBE) – 7CN0001
DIR Registration – 1000020455
SAM Unique Entity Identifier (UEI) - YX7GQW84JBT5
Licenses
We have provided a table of staff licenses below. Copies of licenses can be found in the Appendix of this proposal, beginning after page 13.

Type of License/Accreditation License # Expiration Date Staff Name CA Real Estate Broker 01930277 1/15/2028 Renee Baur
Project Management Professional 1879634 12/10/2024 Renee Baur CA Certified General Appraiser AG 23713 7/1/2025 David Wraa MAI Member - Appraisal Institute N/A N/A David Wraa
AI-GRS Member - Appraisal Institute N/A N/A David Wraa
Accedited Rural Appraiser 42210 N/A David Wraa
CA Real Estate Broker 00922802 7/25/2026 Ward Willett
CA Real Estate Broker 00806015 1/30/2026 Peter Feild
CA Certified General Appraiser AG 3011366 5/11/2025 Lawrence Clark CA Certified General Appraiser AG 3005070 1/21/2026 Angela Hernandez MAI Member - Appraisal Institute N/A N/A Angela Hernandez Right of Way - Appraisal Certified N/A 8/4/2028 Angela Hernandez AI-GRS Member - Appraisal Institute N/A N/A Angela Hernandez CA Certified General Appraiser AG 3024669 12/26/2025 David Houghton MAI Member - Appraisal Institute N/A N/A David Houghton CA Certified General Appraiser AG 3006441 4/28/2025 Tom Leonard City of Turlock | On-Call Right of Way & Property Appraisal Services Page 2 CA Certified General Appraiser AG 044782 4/21/2025 Rebecca Frederick Project Management Professional 1891083 1/5/2025 Nicole Cornell CA Real Estate Salesperson 02209006 3/20/2027 Nicole Cornell CA Real Estate Salesperson 01851676 9/13/2028 Angela Lambdin CA Real Estate Salesperson 02030753 6/26/2025 Natalie Miranda CA Real Estate Salesperson 02017612 6/25/2027 Taylor Newell CA Real Estate Salesperson 0224122 5/22/2028 Rob Oller
CA Real Estate Salesperson 02031599 12/26/2025 Lucas Smith CA Real Estate Salesperson 02070965 10/28/2026 Vivian Thompson CA Real Estate Salesperson 01974559 6/22/2027 Teri Schuessler Notary Public 2412824 8/13/2026 Lucas Smith
Senior Right of Way Agent SR/WA 7255 9/1/2027 Teri Schuessler

1. General Information

2. Background
Firm Profile
Bender Rosenthal Inc. (BRI) is a California S Corporation, Certified Small Business Enterprise (SBE) and Certified Woman Business Enterprise (WBE) that specializes in right of way project management and planning, real estate appraisal, real property acquisition and land services. With a deep bench of professionals spread over those disciplines and over twenty-seven (27) years of service delivery for public sector clients, BRI has set the industry standard in delivering right of way services. Proven cost management and fiscal responsibility, paired with our federally funded and Caltrans experience has resulted in quick approvals and project certification.

BRI has provided right of way services to over 125 public sector clients in the transportation, flood and utility industries within the last five (5) years. Through our experience, we have developed exceptional working relationships with the local agencies, and we are a strong, stable firm with the staffing capability to deliver all services required by the City of Turlock (City). Furthermore, BRI is proud to be an employee-owned and operated company. This ownership structure allows for the BRI staff to have an important say in who manages us and how profits align with values. This sense of ownership translates to a higher level of efficiency in project delivery and a genuine passion for wanting to get it right—for the property owner, the project, and most importantly, our clients.

Specifically, within the last two years, BRI has focused on internal process improvements to expedite appraisal delivery and streamline the acquisition process. These efforts have already returned dividends to our clients by leading to improved settlement rates, accelerated project delivery, and significant cost savings.

City of Turlock | On-Call Right of Way & Property Appraisal Services Page 3

RIGHT OF WAY PROJECT MANAGEMENT
• Project Budgeting, Scheduling
and Risk Analysis
• Caltrans Right of Way Certification

RIGHT OF WAY PLANNING SERVICES
• Preliminary Right of Way Data Sheets
• Right of Way Budget Estimates
• Design Engineering Document Reviews
• Value Analysis

APPRAISAL SERVICES
• Appraisal Reports
• Independent Appraisal Reviews
(Subconsultant, Sierra West Valuation)
• Condemnation Appraisals
• Title Insurance Claims
• Affordable Housing Appraisals

ACQUISITION, TITLE, & ESCROW SERVICES
• Negotiations for Permanent Acquisitions
and Temporary Construction Easements
• Property Agreements
• Possession and Use Agreements
• Permits to Enter/Rights of Entry
• Title Report Review
• Escrow Support including review and
clearance of title exceptions
• Excess Land negotiations

LAND SERVICES
• Parcel and Ownership Research
• Determination of Rights
• Permitting
• On-Site Support
• Environmental Support
• Records Management

OTHER SPECIALTY SERVICES
• Condemnation Support
• Expert Witness Testimony
• Right of Way Workshops/Presentations
• Railroad Coordination
TITLE & ESCROW SERVICES – SUBCONSULTANT,

FIRST AMERICAN TITLE COMPANY
• Preliminary Title Reports with hyperlink Title
Exceptions
• Preliminary Title Report Updates
• Title Policies of Insurance
• Escrow Services
• Recording Services
• Street Searches/Miscellaneous Property/
Document Searches
• Litigation Guarantees
• Chain of Title Guarantees

3. Services & History
List of Services
Staff Experience
In addition to the qualifications of key personnel provided in Section 4 Response Time, resumes for proposed staff have been provided in the Appendix of this proposal, beginning after page 13.

2. Background
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 4

3. Services & History
Regional Experience
BRI has completed over 250 on-call task orders, appraisal assignments and right of way projects in and around Stanislaus County within the last three (3) years. By working locally, BRI is familiar with the unique politics of the landowners and understand the demographics and specific issues surrounding appraising and acquiring properties in the immediate project area. BRI has worked on numerous local projects in the last decade, including for the City of Turlock on the Fulkerth & Highway 99 Interchange Project, in addition to the City of Hughson Whitmore Sidewalk Improvement Project and the City of Modesto RD 2091 Levee Repair Project. We will leverage our intimate understanding of the project area to provide solutions and project deliverables that exceed the City’s expectations.

We have provided a map demonstrating our experience providing similar services in the region. 
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Appraisal Assignment
Right of Way Project
Selected Regional Projects
 Selected Project/Client
City of Brentwood, Jeffery Way
Right of Way Extension Project
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 County of Mariposa /
Wildan Engineering, Five
(5) Bridge Projects
County of Tuolumne / Mark
Thomas, Lime Kiln Road Bridge
Over Curtis Creek Project
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City of Hughson,
Whitmore Sidewalk
Improvement Project
County of Tuolumne / Mark
Thomas, Wards Ferry Road Crossing
Deer Creek Replacement Project
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City of Brentwood,
Lone Tree Way/O’Hara
Lane Widening Project
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County of Stanislaus, Four (4)
Bridge Replacement Projects
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City of Turlock,
Fulkerth Highway 99
Interchange Project
City of Modesto,
SR-99 Pelandale
Avenue Phase 2
Project
City of
Modesto, RD
2091 Levee
Repair Project
Turlock
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City of Newman,
Highway 33 & Inyo
Avenue Project
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 5 BUDGET & COST CONTROL: For any project, BRI will closely monitor the scope of work, quality of deliverables, quantity of change requests, and completed and forecasted project milestones to accurately determine the overall cost variance, and if necessary, take corrective action. Budgets are managed by tasks and at parcel/property owner levels. These reviews will identify work performed outside the parameters of the initial scope and isolate any trends that were not previously anticipated.

RESOURCES & SCHEDULE: BRI will work with the City and the project development team to produce and maintain a parcel by parcel schedule to integrate into the overall project schedule. BRI staff can be efficiently added, replaced, or reassigned, at the City’s discretion throughout the lifecycle of any given project. Schedule slippage for project tasks outside BRI’s control will be brought to the City’s attention immediately.

4. Response Time
BRI is committed to providing excellence in real estate services.

Part of that commitment includes leveraging our resources to provide value and efficiency to our clients. BRI possesses all necessary in-house technological resources to provide the City with comprehensive real estate valuation and appraisal services.

Below is a list of data services utilized by BRI:
• Valcre
• DataTree
• Landvision
• FirstAm IgniteRE
• Costar
• Various MLS sites
• FEMA databases
• Metrolist
• Loopnet
• California County and City GIS databases
• Appraisal Institute Lum Library
• American Society for Farm Managers and Rural Appraisers Resources
• USDA soil reporting
• Lexis Nexis
Furthermore, depending on the size of the project, the control system utilized can be as simple as a spreadsheet, or as complex as a database system such as Microsoft SharePoint. We possess the capability to monitor and update milestones for each project/parcel via BRI’s project database management system in conjunction with the City’s internal system to help manage the project budget and schedule.

Technology Resources
Staff Counts
7 California Certified General
Real Estate Appraisers
9 Licensed CA Real Estate
Salespersons
3 CA Real Estate Brokers
2 Project Management
Professionals (PMP)
4 MAI designated Appraisers
2 AI-GRS designations
1 ARA designation
1 R/W-AC designation
1 SRA designation
9 Appraisal Research Analysts
3 Senior Land Agents
3 Land Agents
Response Time, Availability & Reliability
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 6 RESPONSIVENESS & PROGRESS REPORTING: BRI will conduct weekly or bi-weekly meetings with the City to discuss progress. BRI will treat every assignment and project inquiry with timely responses and prompt follow-ups, even if we are unable to provide a complete answer immediately. To promote ongoing communication regarding key milestones or project obstacles, BRI will ensure that a single path of information transmission is established between the team members.

QUALITY ASSURANCE & CONTROL: Our Quality Assurance/Quality Control Program will start with constantly updated project information, reviewed master document formatting, and centralized document preparation. Before any document is released to the City for approval, it will have undergone a quality check by a senior professional not responsible for the work. BRI will ensure that all right of way services will be provided in accordance with all applicable laws, regulations, and standards.

TIMELY DELIVERY: BRI is very proud of our record in delivering projects on time and on, or under, budget. BRI will provide the City with project updates and recommendations for any procedural improvements that may streamline activities by avoiding potential long-lead situations. With innovative, project-specific solutions and a propensity for listening to property owners, we have effectively reduced the need for condemnation and more quickly reached settlements, saving our clients time and money, often despite aggressive schedule constraints.

4. Response Time
Dedicated appraisal management work with
the appraisers daily to help solve appraisal
problems, provide additional guidance
to research staff as well as write appraisal
reports in order to ensure timely delivery.

Extensive comparable database in the
project area.

Team of research staff working collaboratively
to collect and confirm additional required
market data at the onset of the project which
assists the appraiser in expediting the delivery
of appraisals.

Triage the appraisals by property type/use
and assign each to the most appropriate
appraiser to maximize efficiencies and provide
consistent valuations. Having continuity of
appraisal firms ensures consistent valuations
which improves settlement rates.

APPRAISAL ACCELERANTS
Intimately become familiar with the property
types being impacted given the large number
of appraisals completed in the project area.

Project Schedule
Appraisal reports will be delivered within four (4) to six (6) weeks, depending on the complexity of the assignment. Acquisition tasks will take place over the course of two (2) to six (6) months, depending on the size of the assignment.

City of Turlock | On-Call Right of Way & Property Appraisal Services Page 7 Early coordination with the property owners
explaining the project and impacts to
their parcels is a successful strategy we’ve
implemented on larger projects. Our agents
are always available to respond to Project
questions, engendering trust and developing
a rapport with the property owners.

Ensure Purchase and Sale Agreements (PSA)
have a possession clause that goes into
effect when the PSA is signed by all parties.

This allows construction of the project even
if close of escrow that is delayed. The most
likely cause of such a delay are lenders.

Streamline process for administrative
settlements.

Complete understanding of how the
payment process works through the
City. BRI escrow coordinators will
develop working relationships with the
appropriate team members in the City’s
finance department.

ACQUISITION ACCELERANTS
Early coordination with the engineering
and project team to review the alignment
and see if there is the option of
potentially shifting of the alignment to
avoid impacts to private property.

4. Response Time

STAFFING RESOURCES & CAPABILITY
We approach every project the same—from a single parcel bridge rehabilitation to a large freeway interchange—because we recognize that every assignment is equally important to the City. With a veritable army of staff and efficient project management practices, we can meet any project schedule as it evolves. BRI can resource load to allow us to incorporate the required team, as needed, to adapt quickly to meet the needs of the City and ensure efficient project delivery.

BRI’s staff has experience throughout California working on projects of all types. Delivery of large, complex projects is BRI’s core competency. Our appraisal team has completed over 2,750 appraisals over the last five (5) years for hundreds of clients state-wide. Additionally, BRI has delivered over 200 appraisal reports and acquired over 220 property rights in and around Stanislaus County. BRI has also worked for numerous governmental agencies, private entities, and individuals and understands the unique requirements of commercial, residential, industrial, and vacant properties. Not only does BRI have the technical competence to provide right of way and appraisal services, but also the management experience to provide timely updates to each task order status.

All assigned key professional staff are properly licensed to practice in California. We have provided a summary of key staff qualifications beginning on the following page, followed by subconsultants, an organizational chart of the proposed project team and corresponding licensing and certifications.

Resumes have been provided for key personnel in the Appendix.

City of Turlock | On-Call Right of Way & Property Appraisal Services Page 8 Key Personnel
REBEKAH GREEN – PROJECT MANAGER
23 YEARS OF EXPERIENCE, 14 WITH BRI
Having spent the last decade of her career working with various government agencies such as Caltrans, the Bureau of Reclamation, California Department of Water Resources and numerous local cities and counties, Rebekah brings to the table enthusiasm and a deep understanding of public works projects in California. Recognizing the unique political landscape involved with these projects, she coordinates the process between clients, escrow officers, agents and property owners with sensitivity and the due consideration necessary for a positive outcome. Rebekah is currently serving as the Right of Way Project Manager for the San Joaquin Area Flood Control Agency Lower San Joaquin River Levee Improvement Project and County of Tuolumne
Wards Ferry Road Crossing Over Deer Creek Bridge Replacement Projects. As a project partner, Rebekah possesses not only sound judgment and technical expertise, but also the leadership and discipline that is required to effectively manage any City project. • 14 years of experience with Federal and State
right of way standards
• 23 multiple parcel projects completed in Stanislaus & surrounding counties
DAVID HOUGHTON, MAI – APPRAISAL MANAGER
18 YEARS OF EXPERIENCE, 10 WITH BRI
David has seen it all when it comes to appraising property for public projects—he knows how it got there and what it is worth to the penny. He currently provides appraisal services for many property types and has experience in appraising improved owner-user and income-producing properties, as well as speculative land, development land, agricultural land, and residential estate properties.

David always approaches an appraisal with the understanding that we are talking about someone’s livelihood, putting a price on part of who they are, and he approaches that with all due brevity and integrity. Most recently, David is the Appraisal Manager and Lead Appraiser for the City of Brentwood Jeffery Way Right of Way Extension Project and the Caltrain Peninsula Corridor Electrification Project. • 10 years of experience with Federal and State right of way standards • 283 appraisal assignments completed in Stanislaus & surrounding counties LUCAS SMITH, CA RE SALESPERSON – ACQUISITION MANAGER
8 YEARS OF EXPERIENCE, 8 WITH BRI
Lucas is an excellent problem solver and gifted negotiator. His extensive experience ensures timely delivery of real estate. He has experience negotiating with private, public, governmental agencies and Railroads in order to acquire temporary and permanent rights, and coordinate relocation and removal of encroachments. Lucas has also obtained temporary construction easements and permitting on an accelerated timeline for over 150 projects in the last 5 years, spanning 38 counties.

4. Response Time
BRI Principal in Charge and Contract
Manager will be Renee Baur, PMP, CA
Real Estate Broker, Chief Executive
Officer of BRI. Renee’s experience spans
the state, having worked in all fifty-eight
(58) California counties. With a sharp eye
on efficiency and collaboration, Renee
expertly coordinates across project
stakeholders and manages resources to
meet the needs of any project, no matter
the schedule or deliverables. She is
currently working on the County of San
Joaquin Colonial Heights and Lincoln
Village Watermain Upgrade Project and
County of Tulare Avenue 280 Widening
Project and is the Principal in Charge
for the San Joaquin Area Flood Control
Agency’s Lower San Joaquin River
Levee Improvement Project. She is also
providing relocation assistance on the
County of Sacramento Hazel Avenue/
Highway 50 Interchange Project.

City of Turlock | On-Call Right of Way & Property Appraisal Services Page 9

4. Response Time
Lucas’ recent experience includes the San Joaquin Area Flood Control Agency Lower San Joaquin River Levee Improvement Project, the Delta Conveyance Design and Construction Authority Delta Conveyance Project and the City of Rancho Cordova Raymer Way Project. • 8 years of experience with Federal and State right of way standards • 16 multiple parcel projects completed in Stanislaus & surrounding counties Subconsultants
FIRST AMERICAN TITLE COMPANY – TITLE & ESCROW SERVICES
First American Title Company (First American) is a leading provider of title insurance, settlement services and risk solutions for real estate transactions that traces its heritage back to 1889. Many recent escrows have been multi-county transactions, bringing extensive, statewide Escrow knowledge and proficiency.

First American consistently provides the most accurate information, developed with insight, and delivered with integrity. BRI and First American have been working together for more than ten (10) years. They often provide the most cost effective Preliminary Title Reports and swiftest escrows.

SIERRA WEST VALUATION, INC. (SIERRA WEST) — APPRAISAL REVIEW SERVICES A California corporation and Certified Small Business, Sierra West Valuation, Inc. (Sierra West) is a real estate appraisal company with a concentration in the eminent domain field. The principal appraisers/ review appraisers are Tim Landes, SR/WA, and Vicki Briggs, MAI, AI-GRS and together they have over 60 years of general appraisal experience and more than 50 years of preparation of appraisals and appraisal reviews for government-related acquisitions for public projects. Sierra West and BRI have been collaborating on complex appraisal projects for over eleven (11) years, and they have extensive experience with providing Caltrans compliant Appraisal Reviews.

We have provided an organizational chart demonstrating working relationships of staff on the following page.

City of Turlock | On-Call Right of Way & Property Appraisal Services Page 10

4. Response Time

ORGANIZATIONAL
team CHART

ACQUISITION TEAM
INCLUDES:

CA Real Estate Brokers (2)
CA Real Estate Salespeople (9)
Senior Right of Way
(SR/WA) Designations (1)
Right of Way Agent
Designation (1)
CA Notary Public (1)
Rebekah Green
Project Manager

LAND SERVICES TEAM
INCLUDES:

Senior Land Agents (3)
Land Agents (3)
Lucas Smith,
CA RE Salesperson
Lead Acquisition Agent
Sierra West Valuation Inc.

APPRAISAL REVIEW SERVICES
David Houghton, MAI
Appraisal Manager
APPRAISAL TEAM INCLUDES:

David Wraa, MAI,

ARA, AI-GRS
Angela Hernandez, MAI,

AI-GRS, R/W-AC
Rebecca Frederick, SRA
Tom Leonard
Lawrence Clark
Appraisal Research Analysts (7)

KEY BRI STAFF

OTHER BRI STAFF

SUBCONSULTANTS, AS NEEDED

PRINCIPAL IN CHARGE
BRI Key Staff
have all appropriate
licenses to conduct
work in the State of
California. Licenses
and designations
have been provided
following the key staff
resumes in the
Appendix.

First American Title Company

TITLE & ESCROW SERVICES
Renee Baur, PMP, CA RE
Broker
Contract Manager & Broker in
Charge
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 11

5. Public Agencies
BRI’s strengths include strong Federal and State agency experience, a large team of real estate professionals, and a management team that will ensure we are well positioned to meet all the City’s service needs. We have summarized select representative projects and corresponding references to highlight similar services requested by the City. These projects illustrate the quality and past performance of the project team as well as BRI’s ability to complete complex projects on budget and on schedule.

Representative Project Experience
Colonial Heights & Lincoln Village Water main Upgrade Projects D e s c r i p t i o n o f S e r v i c e s
These two (2) water main upgrade projects
will relocate service from the back to the
front of the home at approximately 93
service connections in the Colonial Heights
and 104 service connections in Lincoln
Village. Both projects are funded through
a Department of Water Resources Small
Community Drought Relief Grant. BRI is
providing acquisition support for this Project.

CLIENT
San Joaquin County
Department of Public
Works

PROJECT DETAILS
2024 - Present
I had the privilege of availing myself of several services offered by BRI for our recent projects, and I must express that the team’s expertise has been of immense value. Competent project management skills are crucial for any project, and the team managed to keep everything organized, on schedule, and within budget. The team’s comprehensive range of services along with their unwavering commitment to excellence has played a significant role in the success of our project.

Therefore, I strongly recommend their services.

Kelle Adair
Appraisal Senior Right of Way Agent
Department of Water Resources
Real Estate Branch, Appraisal Unit
“
”
Milton Road over Hoods Creek Bridge Replacement Project D e s c r i p t i o n o f S e r v i c e s
This project will replace the existing
bridge with a two-lane bridge structure to
provide improved safety and operations,
as the existing structure was flagged
as “Functionally Obsolete” by Caltrans.

This project utilizes Federal Highway
Administration (FHWA) funding. BRI is
delivering full service right of way services
as subconsultant on this Project.

CLIENT
County of Stanislaus /
Dokken Engineering
PROJECT DateS
2021; 2023 - Present
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 12

5. Public Agencies
Pioneer Avenue over Lone Tree Bridge Replacement Project Avenue 280 Widening Project Phase 2
Jeffery Way Right of Way Extension PROJECT
D e s c r i p t i o n o f S e r v i c e s
This bridge replacement project will
replace the existing structure with a
cast-in-place, reinforced concrete bridge.

As right of way subconsultant, BRI is
providing full service right of way for
four (4) parcels impacted by this project,
which is utilizing Federal Highway
Administration (FHWA) funding.

CLIENT
County of Stanislaus /
Dokken Engineering

PROJECT DETAILS
2021; 2023 - Present
D e s c r i p t i o n o f S e r v i c e s
This Project will extend the water
main right of way currently running
along the Jeffery Way alignment. BRI is
providing the City with full-service right
of way and title services on this Project,
impacted five (5) parcels. This Project is
one of multiple task orders under our
on-call agreement.

CLIENT
City of Brentwood

PROJECT DETAILS
2023 - Present
D e s c r i p t i o n o f S e r v i c e s
The Project will widen the Avenue 280
corridor from Road 140 (Lovers Lane)
to Road 160 (Virginia Avenue) between
the cities of Visalia and Farmersville. The
project will improve the level of service
along the corridor and ease congestion.

BRI is providing full service right of way,
including relocations of both residential
and commercial property owners.

CLIENT
County of Tulare

PROJECT DETAILS
2022 - Present
City of Turlock | On-Call Right of Way & Property Appraisal Services Page 13

6. References
Below we have provided three (3) client references where similar services were provided in the last two (2) years. As requested, we have provided appraisal work samples in the Appendix of this proposal, beginning after page 13.

Debra Galey, Senior Analyst
City of Brentwood
(925) 516-5177
[email protected]
BRI has held an On-Call Right of
Way Services Contract with the
City of Brentwood since 2021. We
have worked on several capital
improvement projects and are
currently completing the Jeffrey
Way Extension Project.

Omar Al-Hindi, Executive
Project Manager
San Joaquin Area Flood Control
Agency
(209) 937-8525
[email protected]
BRI has been working with the
San Joaquin Area Flood Control
Agency since 2022 and we are
currently working on various
phases of the Lower San Joaquin
River Flood Control Project.

Edgar Medina, P.E., Senior Civil
Engineer
City of Rancho Cordova
(916) 851-8907 | emedina@
cityofranchocordova.org
BRI has held an On-Call Right
of Way Services contract with
the City of Rancho Cordova
since 2014. We have completed
over fifty (50) task orders,
including the recent Elementary
School Bicycle & Pedestrian
Improvement Project.

7. Fees
As requested, fees have been provided in a separate sealed envelope.

Fees
Below, we have provided our hourly billing rates. We understand that work will be conducted on a task order basis and an individual proposal and maximum fee will be negotiated for each project. Furthermore, where applicable, BRI will propose utilizing a lump-sum fee structure, which we have found to provide valuable cost savings for numerous clients. Unit fees have been provided on the following page.

BRI 2024 HOURLY BILLING RATES
Principal Project Manager $250/hr.

Senior Project Manager $225/hr.

Project Manager $190/hr.

Assistant Project Manager $150/hr.

Sr. Designated Member (MAI/SRA/AI-GRS/ARA) $220/hr.*
Designated Member (MAI/SRA/AI-GRS/ARA) $195/hr.*
Senior Appraiser $175/hr.

Appraiser $150/hr.

Senior Right of Way Specialist $175/hr.

Senior Acquisition Agent $150/hr.

Acquisition Agent $120/hr.

Senior Project Coordinator $135/hr.

Project Coordinator $100/hr.

Senior Land Agent $125/hr.

Land Agent $100/hr.

Researcher $ 90/hr.

Administrative Support III $ 85/hr.

Administrative Support II $ 70/hr.

Administrative Support I $ 50/hr.
*NOTE: For court or briefing preparation, depositions, any pre-trial conferences, court appearances, and related activities, the hourly rate is $450.

Rates are valid January 1, 2024 through December 31, 2024.

Valuation Services, including appraisals, appraisal reviews, and waiver valuations will be billed as lump sum services with the fee determined upon receipt of the scope of work.

Subconsultant Invoices will be marked up by 5% for processing services.

Mileage/Postage at cost.

APPRAISAL UNIT FEES - INCLUDES ALL ODC
Item Description Cost
Single Family Property
Non-Complex Appraisal – Full Acquisition of a Single Family Property $4,000 Non-Complex Appraisal – Partial Acquisition of a Single Family Property $4,500 Complex Appraisal – Full Acquisition of a Single Family Property $4,500 Complex Appraisal – Partial Acquisition of a Single Family Property $5,800 Multi Family Property
Non-Complex Appraisal – Full Acquisition of a Multi Family Property $4,500 Non-Complex Appraisal – Partial Acquisition of a Multi Family Property $5,000 Complex Appraisal – Full Acquisition of a Multi Family Property $5,000 Complex Appraisal – Partial Acquisition of a Multi Family Property $6,000 Commercial Property
Non-Complex Appraisal – Full Acquisition of a Commercial Property $4,550 Non-Complex Appraisal – Partial Acquisition of a Commercial Property $4,750 Complex Appraisal – Full Acquisition of a Commercial Property $5,000 Complex Appraisal – Partial Acquisition of a Commercial Property $5,300 Industrial Property
Non-Complex Appraisal – Full Acquisition of an Industrial Property $4,550 Non-Complex Appraisal – Partial Acquisition of an Industrial Property $4,750 Complex Appraisal – Full Acquisition of an Industrial Property $5,000 Complex Appraisal – Partial Acquisition of an Industrial Property $5,300 Agricultural Land
Non-Complex Appraisal – Full Acquisition of Agricultural Land $4,000 Non-Complex Appraisal – Partial Acquisition of Agricultural Land $4,300 Complex Appraisal – Full Acquisition of Agricultural Land $4,500 Complex Appraisal – Partial Acquisition of Agricultural Land $4,700 Vacant Property
Non-Complex Appraisal – Full Acquisition of a Vacant Property $3,200 Non-Complex Appraisal – Partial Acquisition of a Vacant Property $3,500 Complex Appraisal – Full Acquisition of a Vacant Property $3,700 Complex Appraisal – Partial Acquisition of a Vacant Property $4,000 Special Use Property
Non-Complex Appraisal – Full Acquisition of a Special Use Property $5,000 Non-Complex Appraisal – Partial Acquisition of a Special Use Property $5,200 Complex Appraisal – Full Acquisition of a Special Use Property $6,000 Complex Appraisal – Partial Acquisition of a Special Use Property $6,500 Additional Property Types
Appraisal - Railroad Property $6,500
Appraisal - Environmental Mitigation Purposes $5,500
Fees

ACQUISITION UNIT FEES
Item Description Cost
Permit to Enter / Right of Entry $1,200
Permit to Enter and Construct $1,800
Lease / License $2,000
Joint Use Agreement $2,000
Temporary Construction Easement $2,500
Partial Acquisition $3,500
Full Acquisition $3,500

MILESTONE BILLING - TCE
Item Description Cost
Offer Package Sent $1,000
Sixty (60) days or when an agreement is reached, whichever is sooner $1,000 Final project closeout; files transmitted $500

MILESTONE BILLING - ACQUISITION
Item Description Cost
Offer Package Sent $1,500
Sixty (60) days or when an agreement is reached, whichever is sooner $1,500 Final project closeout; files transmitted $500

OTHER ROW SERVICES - BASE UNIT FEES
Item Description Cost
Preliminary Title Report $900
Right of Way Estimate / Data Sheet $5,000
Escrow $1,200
Right of Way Certification $2,500
Project Management, Condemnation Support or Extended Escrow will be billed as Time & Materials.

Subconsultant Invoices will be marked up by 5% for processing services. Those added fees are included here.

Fees contained herein will be evaluated quarterly for profitability.

MILESTONE BILLING - ESCROW
Item Description Cost
Funds deposited into escrow $600
Escrow Closes $600
Fees

EXHIBIT C

SERVICE REQUEST TEMPLATE

SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Right of Way and Property Appraisal Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).

WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Right of Way and Property Appraisal Services and authorizes Consultant to proceed with the project.

NOW, THEREFORE, the parties mutually agree as follows:

SCOPE OF WORK

3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.

AGREEMENT BETWEEN THE CITY OF TURLOCK
and
ASSOCIATED RIGHT OF WAY SERVICES, INC.
for

ON-CALL RIGHT-OF-WAY AND PROPERTY APPRAISAL SERVICES
City Contract No. 2025-080
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and ASSOCIATED RIGHT OF WAY SERVICES, INC, a California corporation (“Professional”), on this 10th day of December 2024 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Right-of-Way and Property Appraisal Services (the “Project”).

D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 10th day of December, 2027 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

3. Extension of Agreement. [Intentionally Omitted]

4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).

5. Work.

6. Compensation.

6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed One Hundred and Fifty Thousand and No/100ths Dollars ($150,000.00) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.

6.2. Deposit. [Intentionally Omitted]

6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.

9. City Assistance to Professional. [Intentionally Omitted]

12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:

12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.

12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.

20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.

City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.

Professional shall maintain coverage as follows:

25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

27. Indemnifications.

27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to negligent acts, willful misconduct or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

If to City:

With courtesy copies to:

If to Professional:

City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, CA 95380
City of Turlock, City Attorney’s Office
Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
Associated Right of Way Services, Inc.

Attn: Matthew Schock
1255 Treat Boulevard, Suite 815
Walnut Creek, CA 94597

33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:

Janine Lee
Associate Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-6035
E-mail: [email protected]

34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

35. Use of City Project Number. [Intentionally Omitted]

36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

PROFESSIONAL
Associated Right of Way Services, Inc, a
California corporation
By:

Print Name:

Title:

Date
CITY
City of Turlock, a California
municipal corporation
By:

Reagan M. Wilson, City Manager
Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney
ATTEST:

By:

Julie Christel, City Clerk
Vice President
Matthew Schock
11/22/2024
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-010
FOR
On-Call Agreement for
Right-of-Way and Property Appraisal Services
RFQ ISSUED: 9/6/24
BIDS DUE: 10/9/2024 3:00 PM
BID SUBMITALS TO:

CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380

EXHIBIT A

Page 2 of 27 ends

Turlock City CouncilDecember 10, 2024

Turlock City Council
December 10, 2024