Atwater City Council
August 22, 2022

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:

1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).

2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6300.

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
August 22, 2022
REGULAR SESSION: (Council Chambers)
CALL TO ORDER:

PLEDGE OF ALLEGIANCE TO THE FLAG:

INVOCATION:

Invocation by Bill Mooneyham
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____

6:00 PM
City Council Agenda for Meeting of August 22, 2022 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) PRESENTATIONS:
• Presentation regarding Air Quality Efforts in the San Joaquin Valley (San Joaquin Valley Air Pollution Control District Chief Communications Officer Holt)
• Monthly report by Merced County District 3 Supervisor McDaniel

CONSENT CALENDAR

NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

TREASURER'S REPORT:

1. June 30, 2022
Staff's Recommendation: Approval of report as listed.

WARRANTS:

2. August 22, 2022
Staff's Recommendation:

RESOLUTIONS:

3. Resolution amending certain sections of the Personnel System Rules and Regulations pertaining to Medical In-Lieu Program (Deputy City Manager Del Real)
Staff's Recommendation: Adopts Resolution No. 3335-
22 amending certain sections of the Personnel System
Rules and Regulations pertaining to Medical In-Lieu
Program

4. Resolution Amending City of Atwater Classification Plan and

Approval of warrants as listed.

City Council Agenda for Meeting of August 22, 2022 Page 3 adopting Salary Schedule B-23 effective September 1, 2022 relating to Human Resources Manager (Deputy City Manager Del Real)
Staff's Recommendation: Adoption of Resolution No.
3342-22 amending City of Atwater Classification Plan
to add Human Resources Manager classification and
adopting Salary Schedule B-23 effective September 1,
2022 (Deputy City Manager Del Real)
AGREEMENTS:

5. Approving First Amendment to the Professional Service Agreement to Data Path Inc of Modesto, California for
Augmented Managed Information Technology (IT) Support
Services (Public Works Director Vinson)
Staff's Recommendation: Approve First Amendment to
Professional Service Agreement, in a form approved by
the City Attorney, to Data Path Inc of Modesto, California for Augmented Managed Information Technology Support
Services; and authorize and direct the City Manager to
execute the First Amendment on behalf of the City.

PUBLIC IMPROVEMENTS:

6. Record Notice of Completion for 1,2,3 – TCP Remediation Project (Community Development Director Thompson and Public Works Director Vinson)
Staff's Recommendation: Authorize and direct the City
Manager to sign a Notice of Completion for 1,2,3 TCPRemediation Project and have it recorded on behalf of the City.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:

7. Awarding a Professional Service Agreement for the Bellevue Road Reconstruction/Realignment Project Study ReportProject Development Support (Community Development Director Thompson)
Staff's Recommendation: Awards a Professional Service
Agreement, in a form approved by the City Attorney, to
Mark Thomas & Company, Inc. of Fresno, California, for
the Bellevue Road Reconstruction/Realignment Project
Study Report- Project Development Support, in an amount not to exceed $190,091.16; and authorizes and directs the City Manager to execute the Professional Services
Agreement on behalf of the City.

City Council Agenda for Meeting of August 22, 2022 Page 4 CITY MANAGER REPORTS/UPDATES:

COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CITY COUNCIL MATTERS:

City Council comments

ADJOURNMENT
CERTIFICATION:

I, Lucy Armstrong, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________

LUCY ARMSTRONG

CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6317. You may also send the request by email to [email protected].

1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Saturday
~ August 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday

City Council Meeting -

6:00 PM

Planning Commission
Meeting - 6:00 PM

Audit & Finance Merced County
Supervisor McDaniel
Committee Meeting - District 3
4:30 PM

6:00 PM 1:30 PM - 3:30 PM
City Council Meeting - Office Hours -

1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Citizens' Oversight
Labor Day Committee Meeting -
City Holiday
Observed 5:30 PM
Trash pick up delayed
Patriot Day City Council Meeting -
1 day
6:00 PM
Planning Commission Merced County
Supervisor McDaniel
Meeting - 6:00 PM District 3
Office Hours -
Committee Meeting -
1:30 PM - 3:30 PM
Audit & Finance
30 4:30 PM
City Council Meeting -
6:00 PM
~ September 2022 ~

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 06/30/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 13,060,847.83 2,235,871.91 2,758,309.35 12,538,410.39 0003 General Fund Capital 339,463.10 2,056.29 11,715.27 329,804.12 0004 Public Safety Trans & Use Tax 585,460.00 323,899.38 250,653.35 658,706.03 0005 Ferrari Ranch Project Fund 21,088.45 0.00 0.00 21,088.45 0007 Measure V Fund 3,152,033.41 80,929.71 0.00 3,232,963.12 0008 Measure V 20% Alternative Modes 528,579.62 20,232.43 44.73 548,767.32 0009 Abandoned Veh Abatement Fund (3,946.03) 7,698.50 2,820.64 931.83 0010 Measure V Regional Fund (135,017.36) 134,477.36 0.00 (540.00) 1005 Police Grants Fund 84,241.50 0.00 0.00 84,241.50
1010 ARPA-American Rescue Plan Act 3,011,913.18 0.00 464,638.03 2,547,275.15 1011 Gas Tax/Street Improvement 108,570.18 62,678.31 108,270.02 62,978.47 1013 Local Transportation Fund 619,259.60 212.84 0.00 619,472.44 1015 Traffic Circulation Fund 1,472,439.91 725.00 2,377.30 1,470,787.61 1016 Applegate Interchange 768,961.80 0.00 0.00 768,961.80 1017 RSTP-Regional Surface Transp Prog 2,323,397.76 0.00 0.00 2,323,397.76 1018 SB1-Road Maint & Rehab RMRA 1,958,809.59 56,079.54 8,247.50 2,006,641.63 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,367,120.45 2,382.00 0.00 2,369,502.45 1040 General Plan Update-Housing Element (43,498.00) 0.00 0.00 (43,498.00) 1041 General Plan Update Fund 350,440.14 0.00 0.00 350,440.14 1050 Buhach Colony High School 231,113.14 0.00 0.00 231,113.14 1055 Neighborhood Stabilization 220,575.56 0.00 0.00 220,575.56 1059-78 Housing Grant Funds 661,328.94 93,965.00 0.00 755,293.94 1091 Police Facility Impact Fee 208,993.12 401.00 0.00 209,394.12 1093 Fire Facility Impact Fee 186,046.62 520.00 0.00 186,566.62 1095 Government Building Facility 268,708.14 378.76 0.00 269,086.90 3064-67 Redevelopment/Successor Agency Funds 1,729,993.47 171,124.83 15,026.25 1,886,092.05 4020 Performance Bond Trust 219,277.78 0.00 0.00 219,277.78 4030 Narcotics Program Trust 2,071.05 0.00 0.00 2,071.05 4060 Section 125 Medical 1,832.50 190.00 0.00 2,022.50

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 06/30/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 206,559.84 50,000.00 11,892.79 244,667.05 4090 CFO No. 1 Trust 130,788.82 0.00 0.00 130,788.82
5001-55 All Maintenance Districts 1,448,996.15 0.00 44,718.22 1,404,277.93 5050 CFO Districts 129,594.12 5,597.63 59,902.56 75,289.19 6000 Water Enterprise Fund 8,699,930.17 586,226.36 878,285.63 8,407,870.90 6001 Water Fund Capital Replacement 2,776,375.90 0.00 120,321.71 2,656,054.19 6002 DBCP Settlement 20,540.74 0.00 0.00 20,540.74
6004 Water Well- Buhach Colony 183,572.47 0.00 0.00 183,572.47 6005 Water Capital Impact Fees 2,483,112.56 4,559.50 0.00 2,487,672.06 6006 Water Operating Reserve Fund 179,999.84 0.00 0.00 179,999.84 6007 1,2,3-TCP Fund 17,708,705.22 0.00 223,763.24 17,484,941.98 6010 Sewer Enterprise Fund 17,085,659.90 848,515.20 1,143,101.84 16,791,073.26 6011 Sewer Fund Capital Replacement 3,559,271.20 5,447.00 0.00 3,564,718.20 6020 Sanitation Enterprise 2,985,662.09 436,347.28 752,225.74 2,669,783.63 7000 Internal Service Fund 453,665.35 367,776.60 277,405.70 544,036.25 7001 ISF Equipment/Bldg Replacement 0.00 0.00 0.00 0.00 7010 Employee Benefits Fund 664,884.70 297,599.55 163,434.46 799,049.79 7020 Risk Management 624,557.35 322,549.60 12,702.94 934,404.01 7030 Information Technology 313,596.04 192,774.50 35,641.25 470,729.29 9090 Accrued Interest Fund 45,644.94 1,296.00 0.00 46,940.94 TOTAL 94,001,222.85 6,312,512.08 7,345,498.52 92,968,236.41 Prepared by:

Patty T
{i?
ejeda,
/-
~ FinnceOperations Manager
Approved by: -~
Mark Borba,
~
City Treasurer.___

Statement of Changes in Cash Balan~e
by Bank
As of 6/30/2022
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City - LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
55,107,593.09
1,149,575.00
12,061,082.70
3,541,671.67

1.59 22,134,738.96
206,559.84
1,296.00
1,729,231.30
4,531,984.78
50,000.00
6,812,398.62
371,371.36

1.59 149,834.16
11,892.79
94,001,222.85
55,107,593.09
1,150,871.00
6,977,915.38
7,702,285.09

0.00 21,984,904.80
244,667.05
6,312,512.08 7,345,498.52 92,968,236.41
Approved by:
z;:>
~
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.

City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,107,593.09
1,150,871.00
21,984,904.80
244,667.05
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
7,484,357.51
7,702,285.09

0.00

WARRANTS SUMMARY FOR AUGUST 22 2022

TOTAL OF WARRANTS (FROM WARRANT REPORT)

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 1,773,586.46 1

DATE I DESCRIPTION AMOUNT
8/18/20221Prewrittens included in this current warrant run 8/11/2022 PERS Retirement EFT 7 /21/22 - 8/3/22
7/14/2022 PERS Health - August 2022
$ (1,212.18)
$ 52,511.18
$ 83,855.81
8/11/2022 Retiree Medical Reimbursement - August 2022 Additional $ 1,351.09 TOTAL ADDITIONAL WARRANTS $ 136,505.90
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,910,092.36 !INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE !DESCRIPTION {AMOUNT
8/11/2022 Net Payroll
8/11/2022 Federal Taxes
8/11/2022 State Taxes
8/11/2022 Payroll Deductions
$ 186,815.07 $ 258,321.07
$ 63,105.83
$ 8,400.17
$ 1,072.18
TOTAL INFORMATIONAL WARRANTS $ 259,393.25

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
8/18/2022 - 2: 10 PM
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760 Bellevue Road, .Allo\later GA 96:JQ1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20336 08/05/2022
20337 08/12/2022
20338 08/12/2022
Water Enterprise Fund
General Fund
Special Departmental Expense
Miscellaneous Union Dues
PAUL CABRERA 140.00
Check Total:

AFSCME DISTRlCT COUNCIL 57
140.00
912.18
General Fund Garnishments
Check Total:

FRANCHISE TAX BOARD
912.18
160.00
Check Total: 160.00
Report Total: 1,212.18
AP-Checks for Approval (8/18/2022 - 2:10 PM) Page I

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
8/18/2022 - 2: 12 PM
Ahv'ater
Corn ,i 'r-i
760 BeUevue Road, .Al!Alater CA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 08/22/2022 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 0 08/22/2022 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 0 08/22/2022 General Fund Special Departmental Expense CHASE 382.76 0 08/22/2022 General Fund Special Departmental Expense CHASE 17.83 0 08/22/2022 General Fund Special Departmental Expense CHASE 135.87 0 08/22/2022 General Fund Special Departmental Expense CHASE -25.00 0 08/22/2022 General Fund Special Departmental Expense CHASE 1,000.42 0 08/22/2022 General Fund Special Departmental Expense CHASE 1,300.00 0 08/22/2022 General Fund Special Departmental Expense CHASE 529.73 0 08/22/2022 General Fund Professional Services CHASE 2,882.05 0 08/22/2022 General Fund Special Departmental Expense CHASE 12.00 0 08/22/2022 General Fund Special Departmental Expense CHASE 12.00 0 08/22/2022 General Fund Printing & Advertising CHASE 96.00 0 08/22/2022 General Fund Printing & Advertising CHASE 600.00 0 08/22/2022 General Fund Printing & Advertising CHASE 576.00 0 08/22/2022 General Fund Printing & Advertising CHASE 576.00 0 08/22/2022 General Fund Special Departmental Expense CHASE 620.65 0 08/22/2022 General Fund Special Departmental Expense CHASE 102.78 0 08/22/2022 General Fund Uniform & Clothing Expense CHASE 80.73 0 08/22/2022 General Fund Uniform & Clothing Expense CHASE -130.29 0 08/22/2022 General Fund Professional Services CHASE 14.99 0 08/22/2022 General Fund Uniform & Clothing Expense CHASE 974.85 0 08/22/2022 General Fund Uniform & Clothing Expense CHASE 215.70 0 08/22/2022 General Fund Travel/Conferences/Meetings CHASE 76.97 0 08/22/2022 General Fund Drop In CHASE 169.20
0 08/22/2022 General Fund Drop In CHASE 95.41
0 08/22/2022 General Fund Drop In CHASE 25.16
0 08/22/2022 General Fund Main!. Buildings & Grounds CHASE 118.86 0 08/22/2022 General Fund Maint. Buildings & Grounds CHASE 222.61 0 08/22/2022 General Fund Various Classes CHASE 405.00
0 08/22/2022 General Fund Miss Atwater CHASE 85.00
0 08/22/2022 General Fund Miss Atwater CHASE 96.99
0 08/22/2022 ARPA-American Rescue Plan Act Memberships & Subscriptions CHASE 482.87 0 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE 582.39 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 1 ',

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 08/22/2022 Water Enterprise Fund Special Departmental Expense CHASE 8.10 0 08/22/2022 Water Enterprise Fund Special Departmental Expense CHASE 27.00 0 08/22/2022 Water Enterprise Fund Special Departmental Expense CHASE 13.52 0 08/22/2022 Sewer Enterprise Fund Special Departmental Expense CHASE 2,029.88 0 08/22/2022 Internal Service Fund Special Departmental Expense CHASE 13.35 0 08/22/2022 Internal Service Fund Special Departmental Expense CHASE 46.30 0 08/22/2022 Internal Service Fund Special Departmental Expense CHASE 20.91 0 08/22/2022 Internal Service Fund Operations & Maintenance CHASE 10.00 0 08/22/2022 Internal Service Fund Operations & Maintenance CHASE 143.20 0 08/22/2022 Information Technology Fund Special Departmental Expense CHASE 100.00 0 08/22/2022 Information Technology Fund Memberships & Subscriptions CHASE 239.76 0 08/22/2022 Information Technology Fund Training CHASE 449.00 Check Total: 17,268.14
20339 08/22/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 95.00 20339 08/22/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 98.25 20339 08/22/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR I 0,351.75 20339 08/22/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 127.50 -
Check Total: 10,672.50 ,---
20340 08/22/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 92.64 Check Total: 92.64
20341 08/22/2022 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 260,428.44 -
Check Total: 260,428.44
_,,
20342 08/22/2022 General Fund Office Supplies ALLIED WEST PRINTING 324.70 Check Total: 324.70 ✓
20343 08/22/2022 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 150.00 20343 08/22/2022 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 150.00 Check Total: 300.00
20344 08/22/2022 General Fund Castle Park Deposits ALICIA ALMANZAR 200.00 Check Total: 200.00
20345 08/22/2022 Internal Service Fund Professional Services ALTEC INDUSTRIES, INC. 1,249.44 20345 08/22/2022 Internal Service Fund Professional Services ALTEC INDUSTRIES, INC. 685.00 Check Total: 1,934.44 ✓
20346 08/22/2022 General Fund Special Departmental Expense ARKANSAS FLAG & BANNER INC 188.84 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 188.84
20347 08/22/2022 Internal Service Fund Professional Services ASSOCIATES LOCK 178.93 Check Total: 178.93 ,.
20348 08/22/2022 General Fund Communications AT and T- CALNET3 307.40 Check Total: 307.40 ,.
20349 08/22/2022 General Fund Communications AT&T 219.35 -
Check Total: 219.35
,
20350 08/22/2022 General Fund Special Departmental Expense ATWATER CHIROPRACTIC, INC. 50.00 20350 08/22/2022 Water Enterprise Fund Special Departmental Expense ATWATER CHIROPRACTIC, INC. 120.00 Check Total: 170.00
.,,..
20351 08/22/2022 Internal Service Fund Professional Services B & B PLUMBING 199.00 Check Total: 199.00
20352 08/22/2022 Internal Service Fund Improvements Other Than Bldg BARTON OVERHEAD DOOR 1,754.00 ---
Check Total: 1,754.00
20353 08/22/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 692.44 20353 08/22/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,932.12 Check Total: 3,624.56
20354 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 5.53 20354 08/22/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 437.20 20354 08/22/2022 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 64.59 20354 08/22/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 102.76 20354 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 94.40 20354 08/22/2022 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 38.22 20354 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 16.38 Check Total: 759.08 .,
20355 08/22/2022 General Fund Professional Services BILL SPRIGGS APPRAISAL 4,750.00 ---
Check Total: 4,750.00 ...
20356 08/22/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements BSK ASSOCIATES 4,543.59 20356 08/22/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 20356 08/22/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 20356 08/22/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 AP-Checks for Approval (8/18/2022 - 2: 12 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 5,841.59 ,--
20357 08/22/2022 Water Enterprise Fund Professional Services C B MERCHANT SERVICES 33.37 20357 08/22/2022 Sewer Enterprise Fund Professional Services C B MERCHANT SERVICES 37.45 20357 08/22/2022 Sanitation Enterprise Professional Services C B MERCHANT SERVICES 18.02 Check Total: 88.84
20358 08/22/2022 General Fund Special Departmental Expense CAL FARM SERVICES 99.89 20358 08/22/2022 General Fund Professional Services CAL FARM SERVICES 71.66 20358 08/22/2022 General Fund Professional Services CAL FARM SERVICES 50.59 20358 08/22/2022 General Fund Special Departmental Expense CAL FARM SERVICES 38.23 20358 08/22/2022 General Fund Special Departmental Expense CAL FARM SERVICES 53.83 Check Total: 314.20 ....
20359 08/22/2022 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 2,992.00 20359 08/22/2022 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMM! -299.20 20359 08/22/2022 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMM! 1,351.00 20359 08/22/2022 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -135.10 Check Total: 3,908.70 -
20360 08/22/2022 General Fund Deposits ROSS F. CARROLL, INC. 530.00 20360 08/22/2022 Water Enterprise Fund Water Service Charges ROSS F. CARROLL, INC. -333.50 Check Total: 196.50
20361 08/22/2022 General Fund Professional Services CENTRAL VALLEY TREES AND LANDSCAPE ~ 2,865.00 -
20361 08/22/2022 Gas Tax/Street Improvement Professional Services CENTRAL VALLEY TREES AND LANDSCAPE ~ 900.00 Check Total: 3,765.00
20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 6.47 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 51.14 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 13.51 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 7.07 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 6.47 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 13.51 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 51.14 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 7.07 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 6.47 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 13.51 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 51.14 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 7.07 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 6.47 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 13.51 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 72.32 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 57.61 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20362 08/22/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20362 08/22/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20362 08/22/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 20362 08/22/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20362 08/22/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20362 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 57.61 Check Total: 1,321.69 -.
20363 08/22/2022 Internal Service Fund Communications COMCAST CABLE 414.64 Check Total: 414.64 -
20364 08/22/2022 General Fund Training CPCA 175.00
Check Total: 175.00 .

AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20365 08/22/2022 Internal Service Fund Professional Services CUMMINS SALES AND SERVICE 792.12 20365 08/22/2022 Internal Service Fund Operations & Maintenance CUMMINS SALES AND SERVICE 260.50 Check Total: 1,052.62
20366 08/22/2022 General Fund Professional Services D & D PEST CONTROL 2,060.00 20366 08/22/2022 General Fund Professional Services D & D PEST CONTROL 380.00 20366 08/22/2022 General Fund Professional Services D & D PEST CONTROL 380.00 20366 08/22/2022 General Fund Professional Services D & D PEST CONTROL 380.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 20366 08/22/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 Check Total: 3,480.00 -
20367 08/22/2022 Information Technology Fund Memberships & Subscriptions DATAPATH 2,130.85 20367 08/22/2022 Information Technology Fund Professional Services DATAPATH 8,530.00 ---
Check Total: 10,660.85 ---
20368 08/22/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 161.16 Check Total: 161.16 ,-
20369 08/22/2022 General Fund SMITax DEPT. OF CONSERVATION 8,283.09 20369 08/22/2022 General Fund Building Permits DEPT. OF CONSERVATION -414.15 20369 08/22/2022 General Fund SMITax DEPT. OF CONSERVATION 3,573.99 20369 08/22/2022 General Fund Building Permits DEPT. OF CONSERVATION -178.70 Check Total: 11,264.23
20370 08/22/2022 General Fund Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 626,691.81 ---
Check Total: 626,691.81
20371 08/22/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -302.40 20371 08/22/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 336.00 Check Total: 33.60
20372 08/22/2022 Internal Service Fund Special Departmental Expense DONLEE PUMP COMPANY 682.42 20372 08/22/2022 Internal Service Fund Professional Services DONLEEPUMPCOMPANY 202.50 Check Total: 884.92
20373 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 DON'S MOBILE GLASS 50,415.00 AP-Checks for Approval (8/18/2022 - 2: 12 PM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 50,415.00
20374 08/22/2022 Internal Service Fund Operations & Maintenance MARTIN DURAN 400.00 Check Total: 400.00
20375 08/22/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 140.70 20375 08/22/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 70.35 20375 08/22/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 290.06 20375 08/22/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 61.70 20375 08/22/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.54 Check Total: 714.35
20376 08/22/2022 ARPA-American Rescue Plan Act COVID Related Employment Exp EMPLOYMENT DEVELOPMENT DEPT. 16,127.00 Check Total: 16,127.00 ,,.
20377 08/22/2022 General Fund Special Departmental Expense ENTENMANN-ROVIN CO. 139.53 Check Total: 139.53 -
20378 08/22/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,208.15 Check Total: 7,208.15
20379 08/22/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 4,515.00 20379 08/22/2022 Shaffer Lakes East LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 161.25 20379 08/22/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 188.13 20379 08/22/2022 Cottage Gardens LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20379 08/22/2022 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20379 08/22/2022 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 20379 08/22/2022 Camellia Meadows LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20379 08/22/2022 Bell Crossing LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 134.38 20379 08/22/2022 Atwater South LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 Check Total: 5,321.26
20380 08/22/2022 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 491.02 20380 08/22/2022 Internal Service Fund Operations & Maintenance FASTENAL COMPANY 6.05 20380 08/22/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 165.87 Check Total: 662.94
20381 08/22/2022 General Fund Office Supplies FEDERAL EXPRESS 84.22 Check Total: 84.22
20382 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I FENCE BUILDERS INC. 1,656.00 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20382 08/22/2022 General Fund Professional Services FENCE BUILDERS INC. 400.00 Check Total: 2,056.00
20383 08/22/2022 Water Fund Capital Replacement Installation-New Water Meters FERGUSON ENTERPRISES INC. #690 325.78 Check Total: 325.78
20384 08/22/2022 General Fund Professional Services FIRST AMERICAN TITLE COMPANY 500.00 20384 08/22/2022 General Fund Capital Ace Train Platform FIRST AMERICAN TITLE COMPANY 500.00 20384 08/22/2022 General Fund Capital Ace Train Platform FIRST AMERICAN TITLE COMPANY 500.00 Check Total: 1,500.00
20385 08/22/2022 General Fund Professional Services FM3 RESEARCH 21,750.00 ---
Check Total: 21,750.00
20386 08/22/2022 Internal Service Fund Professional Services GARTON TRACTOR INC 1,155.00 20386 08/22/2022 Internal Service Fund Operations & Maintenance GARTON TRACTOR INC 4,632.51 Check Total: 5,787.51 ,..
20387 08/22/2022 Sewer Enterprise Fund Professional Services GHD 3,749.27 20387 08/22/2022 SBl-Road Maint & Rehab RMRA Broadway Traffic Retasking GHD 6,475.27 20387 08/22/2022 Sewer Enterprise Fund Professional Services GHD 5,274.01 20387 08/22/2022 SB I-Road Maint & Rehab RMRA Broadway Traffic Retasking GHD 16,756.16 Check Total: 32,254.71
20388 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense GLOBAL INDUSTRIAL 8,181.18 Check Total: 8,181.18
20389 08/22/2022 Sewer Enterprise Fund Small Tools GRAINGER, INC. 652.22 20389 08/22/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 28.62 20389 08/22/2022 Water Enterprise Fund Small Tools GRAINGER, INC. 317.83 20389 08/22/2022 Water Enterprise Fund Small Tools GRAINGER, INC. 1,320.27 20389 08/22/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 36.15 _,
Check Total: 2,355.09
20390 08/22/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 49.95 20390 08/22/2022 ARPA-American Rescue Plan Act City-Wide Security HOFFMAN ELECTRONIC SYSTEMS 26,495.00 Check Total: 26,544.95
20391 08/22/2022 General Fund Maint. Buildings & Grounds HORIZON 531.39 20391 08/22/2022 General Fund Special Departmental Expense HORIZON 17.01 20391 08/22/2022 General Fund Maint. Buildings & Grounds HORIZON 105.36 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20391 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense HORIZON 323.28 Check Total: 977.04 ,-
20392 08/22/2022 General Fund Special Departmental Expense INTERNATIONAL CODE COUNCIL, INC. 1,216.62 ---
Check Total: 1,216.62 .,
20393 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 2,327.38 ---
Check Total: 2,327.38
20394 08/22/2022 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 1,280.00 20394 08/22/2022 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 9,305.65 ---
Check Total: 10,585.65 -
20395 08/22/2022 Gas Tax/Street Improvement Professional Services JOE'S LANDSCAPING & CONCRETE 4,999.00 20395 08/22/2022 General Fund Main!. Buildings & Grounds JOE'S LANDSCAPING & CONCRETE 4,700.00 20395 08/22/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,553.01 20395 08/22/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 798.25 20395 08/22/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,252.00 20395 08/22/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 219.08 20395 08/22/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 20395 08/22/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 20395 08/22/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 20395 08/22/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 20395 08/22/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 20395 08/22/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 20395 08/22/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 20395 08/22/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 20395 08/22/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 20395 08/22/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 20395 08/22/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 20395 08/22/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 20395 08/22/2022 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 20395 08/22/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 20395 08/22/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 Check Total: 19,287.42
20396 08/22/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 144.07 Check Total: 144.07
20397 08/22/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 62.73 Check Total: 62.73
AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20398 08/22/2022 General Fund Professional Services LEIST AND ASSOCIATES 7,951.00 20398 08/22/2022 General Fund Professional Services LEIST AND ASSOCIATES 6,498.00 20398 08/22/2022 General Fund Professional Services LEIST AND ASSOCIATES 5,701.00 ---
Check Total: 20,150.00
20399 08/22/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 525.32 Check Total: 525.32
20400 08/22/2022 General Fund Deposits LYLES UTILITY CONSTRUCTION 547.00 20400 08/22/2022 Water Enterprise Fund Water Service Charges LYLES UTILITY CONSTRUCTION -17.47 Check Total: 529.53
20401 08/22/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 257.65 20401 08/22/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 44.07 20401 08/22/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 209.14 Check Total: 510.86 -
20402 08/22/2022 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 Check Total: 420.00
20403 08/22/2022 Sewer Enterprise Fund Special Departmental Expense MERCED COUNTY 6.12 Check Total: 6.12
20404 08/22/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 1,089.21 20404 08/22/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 653.32 20404 08/22/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 182.67 20404 08/22/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.78 20404 08/22/2022 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 437.22 20404 08/22/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 53.49 20404 08/22/2022 Camellia Estates LO Utilities MERCED IRRIGATION DISTRICT 60.89 20404 08/22/2022 Juniper Meadows LO Utilities MERCED IRRIGATION DISTRICT 30.39 20404 08/22/2022 Camellia Meadows LO Utilities MERCED IRRIGATION DISTRICT 60.89 20404 08/22/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 290.55 20404 08/22/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20404 08/22/2022 America West LO Utilities MERCED IRRIGATION DISTRICT 134.92 20404 08/22/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 299.06 20404 08/22/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20404 08/22/2022 Atwater South LO Utilities MERCED IRRIGATION DISTRICT 374.44 20404 08/22/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 573.41 20404 08/22/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 529.66 20404 08/22/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 226.33 20404 08/22/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 312.86 AP-Checks for Approval (8/18/2022 - 2: 12 PM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20404 08/22/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 17.82 20404 08/22/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 383.59 20404 08/22/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 618.91 20404 08/22/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,082.11 ---
Check Total: 11,564.16
20405 08/22/2022 General Fund Professional Services MUNISERVICES LLC 4,805.24 20405 08/22/2022 General Fund Professional Services MUNISERVICES LLC 500.00 20405 08/22/2022 General Fund Professional Services MUNISERVICES LLC 5,945.16 ---
Check Total: 11,250.40
20406 08/22/2022 General Fund Office Supplies THE OFFICE CITY 100.48 20406 08/22/2022 General Fund Office Supplies THE OFFICE CITY 50.24 20406 08/22/2022 General Fund Office Supplies THE OFFICE CITY 155.85 20406 08/22/2022 General Fund Office Supplies THE OFFICE CITY 155.85 20406 08/22/2022 General Fund Office Supplies THE OFFICE CITY 51.95 Check Total: 514.37
20407 08/22/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 42.95 20407 08/22/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 53.50 20407 08/22/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 87.63 20407 08/22/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS -69.43 20407 08/22/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 26.49 Check Total: 141.14
20408 08/22/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 21,526.20 20408 08/22/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 25,869.42 20408 08/22/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16.48 20408 08/22/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 32.79 20408 08/22/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 14.79 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 352.65 20408 08/22/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 41.13 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,218.26 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,937.49 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC I 07.48 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 610.66 20408 08/22/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 54.17 20408 08/22/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16,173.16 20408 08/22/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 273.92 20408 08/22/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 119.69 20408 08/22/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 35.82 20408 08/22/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 12.03 20408 08/22/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 40.08 AP-Checks for Approval (8/18/2022 - 2: 12 PM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20408 08/22/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 13.24 20408 08/22/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 59.84 20408 08/22/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 161.94 20408 08/22/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 701.25 20408 08/22/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 21.67 20408 08/22/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 19.25 20408 08/22/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 15.00 20408 08/22/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 61.14 20408 08/22/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 41.10 20408 08/22/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 89,042.90 20408 08/22/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,341.16 20408 08/22/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 6,978.50 ---
Check Total: 170,893.21 -
20409 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I PALMA PAINTING CONTRACTORS 1,600.00 20409 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I PALMA PAINTING CONTRACTORS 525.00 20409 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 PALMA PAINTING CONTRACTORS 230.00 20409 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I PALMA PAINTING CONTRACTORS 3,430.00 20409 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 PALMA PAINTING CONTRACTORS 800.00 Check Total: 6,585.00
20410 08/22/2022 Measure V 20% AlternativeModes Phase 3 Ped Imp Proj Downtown PRECISION CIVIL ENGINEERING, INC. 3,930.00 20410 08/22/2022 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 1,020.00 ---
Check Total: 4,950.00
20411 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense PRESTON'S LOCK & KEY 10.83 Check Total: 10.83 -
20412 08/22/2022 General Fund Office Supplies QUADIENT FINANCE USA, INC. 1,205.24 Check Total: 1,205.24
20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 658.24 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 370.60 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 490.32 AP-Checks for Approval (8/18/2022 - 2: 12 PM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 767.19 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 12.73 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 1,626.95 20413 08/22/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 20413 08/22/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 116.66 20413 08/22/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 20413 08/22/2022 Water Enterprise Fund Operations & Maintenance RAY MORGAN COMPANY 204.15 20413 08/22/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 7,277.33 -
20414 08/22/2022 General Fund Castle Park Deposits AIDEE ROSALES 200.00 Check Total: 200.00
20415 08/22/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 1,321.25 Check Total: 1,321.25
20416 08/22/2022 Internal Service Fund Professional Services RXCW ATWATER CORP. 384.00 20416 08/22/2022 Internal Service Fund Professional Services RXCW ATWATER CORP. 408.00 Check Total: 792.00 ,
20417 08/22/2022 General Fund Castle Park Deposits PAO SAETERN 200.00 Check Total: 200.00
20418 08/22/2022 Water Enterprise Fund Special Departmental Expense SAFE-T-LITE 1,180.10 20418 08/22/2022 Water Enterprise Fund Special Departmental Expense SAFE-T-LITE -1,180.10 20418 08/22/2022 Water Enterprise Fund Special Departmental Expense SAFE-T-LITE 1,180.10 Check Total: 1,180.10 -
20419 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 725.91 Check Total: 725.91
20420 08/22/2022 General Fund Professional Services SANTA FE PET HOSPITAL 223.25 20420 08/22/2022 General Fund Professional Services SANTA FE PET HOSPITAL 176.25 20420 08/22/2022 General Fund Professional Services SANTA FE PET HOSPITAL 292.71 20420 08/22/2022 General Fund Professional Services SANTA FE PET HOSPITAL 132.00 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 824.21 ,-
20421 08/22/2022 General Fund Special Departmental Expense SCOTT'S PPE RECON, INC. 194.84 Check Total: 194.84
20422 08/22/2022 General Fund Professional Services SELF-HELP ENTERPRISES 1,050.00 Check Total: 1,050.00
20423 08/22/2022 Sewer Enterprise Fund Water Well Replacement@ WWTP SHANNON PUMP CO. 15,462.39 20423 08/22/2022 General Fund Professional Services SHANNON PUMP CO. 199.86 Check Total: 15,662.25
20424 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 53.91 Check Total: 53.91 ,,
20425 08/22/2022 Internal Service Fund Special Departmental Expense SIERRA DOOR 2,463.99 20425 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I SIERRA DOOR 1,482.55 Check Total: 3,946.54
20426 08/22/2022 General Fund Uniform & Clothing Expense DAYTON SNYDER 19.00 Check Total: 19.00 -
20427 08/22/2022 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 7,900.00 Check Total: 7,900.00
20428 08/22/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I STATE PRO BUILDERS INC. 1,490.00 Check Total: 1,490.00
20429 08/22/2022 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
20430 08/22/2022 General Fund Training SUN RIDGE SYSTEMS 975.00 Check Total: 975.00
20431 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense SUNBELT RENTALS 124.48 Check Total: 124.48 "
20432 08/22/2022 Internal Service Fund Operations & Maintenance SUNDOWN RV 42.21 Check Total: 42.21
AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 14

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20433 08/22/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 20433 08/22/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 ---
Check Total: 2,190.67
20434 08/22/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 418.75 20434 08/22/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 353.00 20434 08/22/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 415.75 Check Total: 1,187.50 _,,...
20435 08/22/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 5,184.01 Check Total: 5,184.01 r
20436 08/22/2022 Abandoned Veh Abatement Fund Special Departmental Expense TYLER TECHNOLOGIES, INC. 1,773.14 Check Total: 1,773.14
20437 08/22/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 1,116.12 20437 08/22/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 107.00 20437 08/22/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,227.30 20437 08/22/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,384.93 20437 08/22/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 433.63 Check Total: 5,268.98
20438 08/22/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 1,000.00
20439 08/22/2022 Internal Service Fund Operations & Maintenance VAN DE POL 11,453.49 Check Total: 11,453.49 ✓
20440 08/22/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC 169,293.23 Check Total: 169,293.23
20441 08/22/2022 General Fund Communications VERIZON WIRELESS 1,007.46 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 1,039.26 20441 08/22/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 111.74 20441 08/22/2022 Abandoned Veh Abatement Fund Communications VERIZON WIRELESS 81.16 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 139.51 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 101.50 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 50.75 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 50.75 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 203.00 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 80.76 20441 08/22/2022 General Fund Communications VERIZON WIRELESS 131.91 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 15

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20441 08/22/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 284.16 20441 08/22/2022 Water Enterprise Fund Communications VERIZON WIRELESS 479.22 20441 08/22/2022 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 20441 08/22/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 594.09 20441 08/22/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.09 20441 08/22/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.05 20441 08/22/2022 Internal Service Fund Communications VERIZON WIRELESS 50.75 20441 08/22/2022 Internal Service Fund Utilities VERIZON WIRELESS 80.06 20441 08/22/2022 Internal Service Fund Communications VERIZON WIRELESS 101.50 20441 08/22/2022 Information Technology Fund Communications VERIZON WIRELESS 304.50 Check Total: 5,010.23
20442 08/22/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,210.00 Check Total: 1,210.00
20443 08/22/2022 General Fund Capital Phase 2 Ped Imp Proj Downtown WH CONSULTING SERVICES 1,021.35 20443 08/22/2022 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown WH CONSULTING SERVICES 132.33 20443 08/22/2022 General Fund Professional Services WH CONSULTING SERVICES 3,058.58 20443 08/22/2022 General Fund Professional Services WH CONSULTING SERVICES 2,316.79 20443 08/22/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements WH CONSULTING SERVICES 1,016.88 20443 08/22/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements WH CONSULTING SERVICES 302.19 20443 08/22/2022 Water Fund Capital Replacement Well #20A Rehab VVH CONSULTING SERVICES 201.46 20443 08/22/2022 1,2,3-TCP Fund TCP Remediation Project WH CONSULTING SERVICES 805.84 20443 08/22/2022 1,2,3-TCP Fund Professional Services WH CONSULTING SERVICES 12,234.30 20443 08/22/2022 Sewer Enterprise Fund Professional Services WH CONSULTING SERVICES 201.46 20443 08/22/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements WH CONSULTING SERVICES 3,982.50 20443 08/22/2022 General Fund Professional Services WH CONSULTING SERVICES 15,795.00 20443 08/22/2022 Local Transportation Fund LTF-Laurel Area Sdwlk Imp Proj WH CONSULTING SERVICES 3,375.00 ---
Check Total: 44,443.68
20444 08/22/2022 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 31.81 20444 08/22/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 110.98 20444 08/22/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 44.09 20444 08/22/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 116.63 20444 08/22/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 286.80 Check Total: 590.31 _,
20445 08/22/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
20446 08/22/2022 ARPA-American Rescue Plan Act Third & Atwater Blvd Sidewalks WESTSIDE LANDSCAPE & CONCRETE, INC. 59,988.00 AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 16

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 59,988.00
,--
20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 18.85 20447 08/22/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 9.69 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 75.91 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 3.87 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 39.76 20447 08/22/2022 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 36.61 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 122.09 20447 08/22/2022 Sewer Enterprise Fund Uniform & Clothing Expense WINTON HARDWARE 19.37 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 88.58 20447 08/22/2022 General Fund Special Departmental Expense WINTON HARDWARE 9.22 Check Total: 423.95
Report Total: 1,772,374.28
AP-Checks for Approval (8/18/2022 - 2:12 PM) Page 17

CITY COUNCIL

AGENDA REPORT

MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager, Jeanna Del Real, Deputy City Manager
PREPARED BY: Jeanna Del Real, Deputy City Manager
SUBJECT: Resolution amending certain sections of the Personnel System Rules and Regulations pertaining to Medical In-Lieu Program (Deputy City Manager Del Real)

RECOMMENDED COUNCIL ACTION
Adopts Resolution No. 3335-22 amending certain sections of the Personnel System Rules and Regulations pertaining to Medical In-Lieu Program I. BACKGROUND/ANALYSIS:

In 2002, the City's Personnel Rules and Regulations established a Medical In-Lieu Program ("Program") that permits cash payments to eligible employees who elect to waive enrollment in medical insurance coverage plans provided by the City. During the period of 2003 through 2010, medical in-lieu amounts were updated annually to coincide with the increase in costs for medical benefits. In 2011, the City Council capped the in-lieu amounts at 50% of the City's paid basic medical HMO plan beginning with calendar year/plan year 2012.

Staff recently performed an analysis of surrounding agencies' medical in-lieu programs.

As a result of the analysis, staff is recommending lowering the cap and utilizing flat amounts instead of percentage-based amounts. Other substantive changes to the Program include detailed eligibility criteria and processes, and the ability to deposit the monthly in-lieu amount into a Deferred Compensation Plan. Resolution No. 3335-22, if adopted, will amend the Program accordingly. Staff is recommending the City Council adopt the resolution. The amendments to the Program will become effective with Medical Plan Year 2023.

Staff is required to provide advanced notice to the applicable labor unions prior to open enrollment (mid September - mid October) of any changes to the in-lieu amounts.

During this year's labor negotiation sessions, staff advised the labor groups of the anticipated changes to the Program, specifically the in-lieu amounts.

II. FISCAL IMPACTS:

Fiscal impacts associated with this item are unknown at this time. Employees who

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

previously elected to participate in the Program may decide to enroll in the City's medical plans for calendar year 2023. If this is the case, staff may need to include increased costs in the mid-year review.

This item was reviewed by the Finance Director.

III. LEGAL REVIEW:

This item was reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

The City Manager and the Deputy City Manager worked together and coordinated this item to present to the City Council for action.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a "project" under the California Environmental Quality Act ("CEQA") as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code Section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution No. 3335-22, staff will provide the required notice to the applicable labor groups.

Submitted by:

Jeanna Del Real, Deputy City Manager
Approved by:

Lori Waterman, City Manager

Agenda Report - Page 3

Attachments:

1. Reso 3335-22 Amending Medical In-Lieu amount and criteria

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3335-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CERTAIN

SECTIONS OF THE PERSONNEL SYSTEM

RULES AND REGULATIONS PERTAINING TO

MEDICAL IN-LIEU PROGRAM
WHEREAS, Article 4, Section 413, of the City’s Personnel Rules and Regulations provides for the payment of medical in-lieu payments for employees who elect to waive medical insurance coverage provided by the City; and
WHEREAS, medical in-lieu payments were originally provided for by Resolution No. 1713-02, adopted on June 24, 2002; and
WHEREAS, the medical in-lieu amounts were amended, by resolution, annually to align with the increase in costs for medical benefits from 2002 through 2010; and WHEREAS, on December 12, 2011, the City Council adopted Resolution No. 2637-11 amending eligibility criteria for in-lieu payments and capped the in-lieu amount to 50% of City paid basic medical costs; and
WHEREAS, as part of standard operations, staff performed an analysis of surrounding agencies medical in-lieu programs and as such is recommending certain changes to the program including an amendment to the cap in the amount.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater as follows:

Section 1. Medical In-Lieu Program. Regular status employees who meet the established criteria are eligible to participate in the Medical In-Lieu Program (“Program”).

Section 2. Eligibility Criteria. Employees may elect to participate in the Program when all the below criteria has been satisfied:

Resolution No. 3335-22 Page 2
a. Employee must complete and return a Program election form to the Human Resources Department on an annual basis.
b. Employee must provide proof of enrollment in a qualifying alternative medical coverage plan through another employer (such as that of the employee’s spouse, registered domestic partner, or parent). Employees who have coverage through another CalPERS employer who also contracts for CalPERS medical insurance shall be eligible for employee only amount. Typical forms of proof include copies of insurance cards or a printout from the employer indicating active coverage for employee and eligible dependents, if applicable.
c. In the event employee is no longer enrolled in a qualifying alternative medical plan, employee must inform the Human Resources Department within five (5) business days of loss of such coverage.

Section 3. Employees. Subject to the requirements and limitations in this Resolution, the dollar amount for medical in-lieu payments, set forth in Resolution No. 2637-11, or any most recent Resolution or document increasing such amount, and incorporated into Article 4, Section 413 of the Personnel Rules and Regulations, for all employees is hereby set as follows:

Employee only $200.00/month
Employee & 1 $400.00/month
Employee & 2 $600.00/month
Should an employee choose to switch his or her election from medical insurance coverage to the Program, he or she will begin receiving medical in-lieu payments after the period required by the City’s medical insurance carrier to cancel insurance coverage.

An employee shall not receive both medical insurance coverage and medical in-lieu payments for any period of time. Likewise, should an employee choose to switch his or her election from the Program to medical insurance coverage (during open enrollment or other qualifying event to enroll), the employee shall not receive medical in-lieu payments during any month medical insurance premiums for a City plan are due for the employee.

Employees enrolled in coverage may opt out of coverage completely and be eligible for the Program. However, Employees who wish to reduce coverage are not eligible for the Program, but may maintain coverage at a lower level (e.g. to employee only, while dependents are covered elsewhere). Employees may not waive dental or vision coverage.

Section 4. Deferred Compensation Plan. Employees who participate in the Program shall have the option to receive the cash amount bi-monthly through payroll, or may receive the amount deposited into one of the City’s deferred compensation plans that the employee participates in.

Resolution No. 3335-22 Page 3
The foregoing resolution is hereby adopted this 22nd day of August 2022.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_____________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Jeanna Del Real, Deputy City Manager
SUBJECT: Resolution Amending City of Atwater Classification Plan and adopting Salary Schedule B-23 effective September 1, 2022 relating to Human Resources Manager (Deputy City Manager Del Real)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3342-22 amending City of Atwater Classification Plan to add Human Resources Manager classification and adopting Salary Schedule B23 effective September 1, 2022 (Deputy City Manager Del Real) I. BACKGROUND/ANALYSIS:

The City of Atwater's 2020-2025 Strategic Plan, Goal Number 5 is to "Optimize Organizational Structure." The City Manager continues to review the City's organization structure to ensure resources are optimized and meet current and foreseeable needs.

Organizational restructures are often necessary in moving the City's strategic plan forward in totality. An opportune time to review staff work-load and perform a cost/benefit analysis of positions is when positions are vacated. That opportunity is presenting itself again now.
 The Human Resources Department is losing two long-term employees due to retirement - the Director and the Analyst. The Human Resources Analyst will be replaced and maintain its current scope. However, much of the current Director's role has included significant overlap in duties as Deputy City Manager, and that role will transition to other director-level employees. Given other adjustments in the Human Resources Department structure in recent years, the remaining Human Resources need going forward is that of a working manager/supervisor level role rather than a Director-level role.
 The City has also been experiencing difficulty recently in retaining administrative support staff in the City Clerk's office. Specifically, the previous two administrative support staff members for the City Clerk's office only stayed in the position for one (1) year before either moving to another department or leaving the City for outside opportunities. Meanwhile, in service of the City's transparency goals and to support the City Council and the City's other bodies,

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

the work volume for the City Clerk's office support team is substantial.

After analyzing the work-load and the structure of both City Clerk and Human Resources, staff is recommending two structural reorganizations:
 First eliminating (not back-filling) the Human Resources Director position in favor of creating a Human Resources Manager level postion that will also be responsible for managing the day to day support functions of the City clerk's office.
 Second, adding one (1) additional administrative support staff for the City Clerk's office.

In addition to providing service at more appropriate levels in both Human Resources and the City Clerk's office, this restructuring can be accomplished in a revenue neutral way if not achieve a small reduction. By eliminating the director position and creating a manager position, the City will realize a cost-savings of approximately $28,000 (base salary) for the first year (pro-rated) and approximately $33,000 (base salary) next fiscal year. The cost for the proposed administrative support staff is $21,747 (base salary) for the remainder of the current fiscal year and projected to be $32,620 (base salary) next fiscal year.

II. FISCAL IMPACTS:

Staff does not anticipate any additional fiscal impacts associated with restructuring.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal number 4 "Optimize Organizational Structure," subsections 4.1a, 4.1b, and 4.1.c of the City's 2020-2025 Strategic Plan.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item was coordinated between the City Manager and the Deputy City Manager.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

Agenda Report - Page 3

VIII. ENVIRONMENTAL REVIEW:

This item is not a "project" under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code Section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution No. 3342-22, staff will finalize the job classification amendments, update and post the newly adopted salary schedule, and continue with an internal/external recruitment process accordingly.

Submitted by:

Jeanna Del Real, Deputy City Manager
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso 3342-22 Amending Classification Plan and adopting Salary Schedule B-23 Eff 9-1-22

2. HR Manager 8-22-22

3. Salary Schedule B-23 Effective September 1, 2022

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3342-22

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING “CITY OF
ATWATER CLASSIFICATION PLAN” AND
ADOPTING SALARY SCHEDULE B-23,
EFFECTIVE SEPTEMBER 1, 2022 REGARDING

HUMAN RESOURCES MANAGER
WHEREAS, the City Council adopted Resolution No. 2088-05 adopting the City of Atwater Classification Plan; and
WHEREAS, Salary Schedule D-22, effective March 17, 2022, was adopted by Resolution No. 3300-22 on March 14, 2022; and
WHEREAS, the City Council approves and adopts the Salary Schedule for the Classification Plan and/or directs the City Manager to prepare and/or update said Schedule to reflect City Council direction; and
WHEREAS, the City of Atwater’s 2020-2025 Strategic Plan includes optimizing organization structure and reviewing staff workloads; and WHEREAS, in considering organizational structure of the Human Resources Department, staff is recommending adding the position of Human Resources Manager to the City’s Classification Plan and modifying the salary schedule accordingly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby amend the City of Atwater Classification Plan to add the classification of Human Resources Manager “EXHIBIT A,” attached hereto and made a part herein.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions, corrections, or alterations to the text of the classifications described in Exhibit “A” to correct language changes or to comply with the requirements of the law.

Resolution No. 3342-22 Page 2
BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby adopt City of Atwater Salary Schedule B-23, effective September 1, 2022, EXHIBIT "B," attached hereto and made a part herein.

The foregoing resolution is hereby adopted this 22nd day of August 2022.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_____________________________

LUCY ARMSTRONG, CITY CLERK

HUMAN RESOURCES MANAGER

DEFINITION
Under administrative direction, to plan, organize, direct, and manage the activities of Human Resources and City Clerk divisions including classification and compensation, recruitment, employment services; organizational development and training, employee relations, benefit administration, risk management functions, and City Clerk functions; to supervise, train, and evaluate the work of staff assigned to Human Resources and City Clerk divisions; and to do related work as required. Serves as Disaster Service Worker.

FLSA Status: Exempt. Bargaining Group: Confidential, Unrepresented.

DISTINGUISHING CHARACTERISTICS
This is the senior staff, mid-management classification for the position which has responsibility for managing and directing the services and functions of Human Resources and City Clerk divisions, as well as serving as the primary human resources advisor for the City Council, City Manager, and City staff.

REPORTS TO
City Manager, Deputy City Manager, or as assigned.

CLASSIFICATIONS SUPERVISED
May exercise direct or indirect supervision over professional, technical, or clerical personnel as assigned.

ESSENTIAL FUNCTIONS
Plans, organizes, manages, and directs human resources and City Clerk functions; develops, plans, and implements department goals and objectives; recommends and administers policies and procedures; administers the City’s human resources functions; directs and coordinates recruitment and selection for vacancies including screening and testing applicants for City positions; and directs and coordinates job announcements and schedules interviews. Performs classification and compensation duties; conducts compensation surveys and other research for labor relations negotiations; maintains compensation and pay plan; and maintains City classification plan and updates job specifications. Administers labor units memoranda of understanding. Develops, plans, implements, and administers City personnel policies and procedures. Administers leave under applicable state and federal laws including, but not limited to, the Federal Family Medical Leave Act, California Pregnancy Disability Leave, and California Family Rights Act. Administers and participates in advising departments on proper handling of employee issues including employee selection, training, evaluation, counseling,

HUMAN RESOURCES MANAGER Page 2
disciplinary actions, grievances, and appeal hearings. Works with City management staff on personnel actions, providing advice and consultation on appropriate rules, regulations, and procedures. Directs the upkeep and maintenance of centralized personnel records. Maintains City Seal; provides information regarding City Council actions, City ordinances, FPPC requirements, and government organization; coordinates municipal elections, oversees staffing City Boards and commissions, ensuring proper posting of vacancies and appointments, and serves as FPPC Filing Officer for the City. Oversees the City’s general liability insurance claims management and works closely with third party claims administrators on insurance related issues.

Oversees and administers contract and grant development and administration. Serves as capital projects coordinator by overseeing capital projects and budget. Supervises and participates in development and administration of the City Clerk, Human Resources, Employee Benefits, and Risk Management budgets and City personnel budget; directs for forecast of additional funds needed for staffing, equipment, materials, and supplies; and monitors and approves expenditures. Participates in “meet and confer” sessions with employee organizations. Manages daily activities of Human Resources and City Clerk divisions; and supervises the preparation of the City Council agenda and packet. Coordinates and supervises meetings and activities with the City Council, City staff and other agencies and organizations; provides highly responsible technical and administrative support to the City Council and City Manager; directs special projects and research as assigned; and prepares and presents staff reports and correspondence. Provides periodic reports on department activities to the City Council; and attends City Council meetings as required. Supervises, trains, motivates, and evaluates work performance of assigned office support staff; and provides and coordinates staff development and training. Attends night and weekend meetings as required.

TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods; frequently stand and walk; normal manual dexterity and eyehand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX; operate an automobile.

TYPICAL WORKING CONDITIONS
Work is performed in an office environment; frequent contact with other staff and the public.

MINIMUM QUALIFICATIONS
Knowledge of:
• Principles and practices of municipal organization, administration, and public personnel management including employer-employee relations, recruitment, and classification and pay.
• Pertinent federal, state, and local laws, codes, and regulations.

HUMAN RESOURCES MANAGER Page 3
• Legislative duties and responsibilities of the office of the City Clerk. • Records management, establishment and maintenance of files, and information retrieval systems.
• Municipal laws and procedures, election laws, and fair political practice requirements.
• Budget development, administration, and expenditure control. • Contract and grant development and administration.
• Computers and software applications related to personnel management and City Clerk functions.
• City Manager and City Council policies, rules, and regulations. • Procedures and functions of the City Manager’s office. • Principles of personnel management, supervision, training, and employee evaluation.

Ability to:
• Plan, organize, manage, and direct the human resources and City Clerk functions.
• Develop and implement department policies and procedures. • Prepare and monitor department budgets.
• Communicate clearly and effectively.
• Consult with City elected officials, management, and staff. • Prepare clear and concise reports and develop appropriate recommendations. • Interpret and apply federal, state, and local policies, procedures, laws, and regulations.
• Provide supervision, training, and work evaluations for assigned staff. • Plan, organize, and supervise the work of assigned staff. • Establish and maintain effective working relationships with staff, public, and organizations.

Training and Experience:
• Five (5) years of increasingly responsible professional experience in human resources.
• Three (3) years performing in a supervisory capacity. • Knowledge and experience of legislative responsibilities of the office of the City Clerk including records management is highly desirable.

Education:
• Graduation from an accredited college or university with a bachelor’s degree in personnel administration, public administration, business administration or closely related field. Master’s degree in public administration is highly desirable.

License:

HUMAN RESOURCES MANAGER Page 4
• Possession of valid California driver’s license.

SPECIAL REQUIRMENTS
• None.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice.
08/22/22

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I CU 115 2933.66 3080.35 3234.36 3396.08 3565.89 3744.18 1354.00 1421.70 1492.78 1567.42 1645.79 1728.08
35203.96 36964.16 38812.36 40752.98 42790.63 44930.16

16.9250 17.7712 18.6598 19.5928 20.5724 21.6010
Account Clerk II CU 135 3286.44 3450.76 3623.30 3804.47 3994.69 4194.42 1516.82 1592.66 1672.29 1755.91 1843.70 1935.89
39437.30 41409.16 43479.62 45653.60 47936.28 50333.10

18.9602 19.9083 20.9037 21.9488 23.0463 24.1986
Account Clerk III CU 137 3623.30 3804.46 3994.69 4194.42 4404.14 4624.35 1672.29 1755.91 1843.70 1935.89 2032.68 2134.31
43479.57 45653.55 47936.23 50333.04 52849.69 55492.18

20.9036 21.9488 23.0463 24.1986 25.4085 26.6789
Accountant I CU 255 4309.14 4524.59 4750.82 4988.36 5237.78 5499.67 1988.83 2088.27 2192.69 2302.32 2417.44 2538.31
51709.63 54295.11 57009.87 59860.36 62853.38 65996.05

24.8604 26.1034 27.4086 28.7790 30.2180 31.7289
Accountant II CU 270 4809.22 5049.68 5302.17 5567.27 5845.64 6137.92 2219.64 2330.62 2447.15 2569.51 2697.99 2832.89
57710.64 60596.17 63625.98 66807.28 70147.64 73655.03

27.7455 29.1328 30.5894 32.1189 33.7248 35.4111
Accounting Technician CU 235 3824.62 4015.85 4216.64 4427.48 4648.85 4881.29 1765.21 1853.47 1946.14 2043.45 2145.62 2252.90
45895.45 48190.22 50599.73 53129.72 55786.21 58575.52

22.0651 23.1684 24.3268 25.5431 26.8203 28.1613
Administrative Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

28.8894 30.3339 31.8506 33.4431 35.1153 36.8710
Administrative Assistant I CU 140a 2911.98 3057.58 3210.46 3370.98 3539.53 3716.51 1343.99 1411.19 1481.75 1555.84 1633.63 1715.31
34943.75 36690.94 38525.48 40451.76 42474.35 44598.06

16.7999 17.6399 18.5219 19.4480 20.4204 21.4414
Administrative Assistant II CU 155a 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Assistant Planner MU 257 4402.57 4622.70 4853.83 5096.52 5351.35 5618.92 2031.96 2133.55 2240.23 2352.24 2469.85 2593.35
52830.84 55472.38 58246.00 61158.30 64216.21 67427.02

25.3994 26.6694 28.0029 29.4030 30.8732 32.4168
Associate Planner MU 275 4743.82 4981.02 5230.07 5491.57 5766.15 6054.46 2189.46 2298.93 2413.88 2534.57 2661.30 2794.36
56925.90 59772.19 62760.80 65898.84 69193.78 72653.47

27.3682 28.7366 30.1735 31.6821 33.2662 34.9296
Building Inspector MU 256a 4376.61 4595.44 4825.21 5066.47 5319.80 5585.79 2019.97 2120.97 2227.02 2338.37 2455.29 2578.06
52519.33 55145.30 57902.57 60797.69 63837.58 67029.46

25.2497 26.5122 27.8378 29.2297 30.6911 32.2257
1

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Building Maintenance Worker I MU 130 2880.09 3024.10 3175.30 3334.07 3500.77 3675.81 1329.27 1395.74 1465.52 1538.80 1615.74 1696.53
34561.11 36289.17 38103.63 40008.81 42009.25 44109.71

16.6159 17.4467 18.3191 19.2350 20.1968 21.2066
Building Maintenance Worker II MU 150a 3076.48 3230.30 3391.81 3561.41 3739.48 3926.45 1419.91 1490.91 1565.45 1643.73 1725.91 1812.21
36917.71 38763.60 40701.78 42736.87 44873.71 47117.40

17.7489 18.6363 19.5682 20.5466 21.5739 22.6526
Building Permit Technician I MU 185 3459.25 3632.21 3813.82 4004.51 4204.74 4414.97 1596.58 1676.40 1760.23 1848.24 1940.65 2037.68
41510.98 43586.52 45765.85 48054.14 50456.85 52979.69

19.9572 20.9551 22.0028 23.1030 24.2581 25.4710
Building Permit Technician II MU 187 3813.83 4004.52 4204.74 4414.98 4635.73 4867.52 1760.23 1848.24 1940.65 2037.68 2139.57 2246.55
45765.91 48054.20 50456.91 52979.76 55628.75 58410.18

22.0028 23.1030 24.2581 25.4710 26.7446 28.0818
Chief Building Inspector MM 290 4982.56 5231.68 5493.27 5767.93 6056.33 6359.15 2299.64 2414.62 2535.35 2662.12 2795.23 2934.99
59790.68 62780.22 65919.23 69215.19 72675.95 76309.74

28.7455 30.1828 31.6919 33.2765 34.9404 36.6874
Chief Building Official MM 297 5767.93 6056.33 6359.15 6677.10 7010.96 7361.51 2662.12 2795.23 2934.99 3081.74 3235.83 3397.62
69215.20 72675.96 76309.76 80125.25 84131.51 88338.09

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702
Chief Building Official/ MM 308a 7922.45 8318.57 8734.50 9171.23 9629.79 10111.28 Fire Code Official 3656.52 3839.34 4031.31 4232.87 4444.52 4666.74 95069.40 99822.86 104814.01 110054.71 115557.44 121335.32

45.7064 47.9918 50.3914 52.9109 55.5565 58.3343
City Manager EM 340 13147.80 13805.20 14495.45 15220.23 15981.24 16780.30 6068.22 6371.63 6690.21 7024.72 7375.96 7744.75
157773.66 165662.34 173945.46 182642.73 191774.87 201363.61

75.8527 79.6454 83.6276 87.8090 92.1995 96.8094
Civil Engineering Assistant MU 277 4841.12 5083.17 5337.33 5604.20 5884.41 6178.63 2234.36 2346.08 2463.38 2586.55 2715.88 2851.67
58093.40 60998.07 64047.98 67250.37 70612.89 74143.54

27.9295 29.3260 30.7923 32.3319 33.9485 35.6459
Civil Engineering Associate MU 292 5323.81 5590.00 5869.50 6162.98 6471.13 6794.68 2457.14 2580.00 2709.00 2844.45 2986.67 3136.01
63885.74 67080.03 70434.03 73955.73 77653.52 81536.20

30.7143 32.2500 33.8625 35.5556 37.3334 39.2001
Code Enforcement Officer MU 175 3705.41 3890.68 4085.21 4289.47 4503.94 4729.14 1710.19 1795.70 1885.48 1979.76 2078.74 2182.68
44464.87 46688.11 49022.52 51473.64 54047.32 56749.69

21.3773 22.4462 23.5685 24.7469 25.9843 27.2835
Code Enforcement Manager MM 299 5767.93 6056.33 6359.15 6677.10 7010.96 7361.51 2662.12 2795.23 2934.99 3081.74 3235.83 3397.62
69215.20 72675.96 76309.76 80125.25 84131.51 88338.09

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702
2

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Community Development Director DD 337 10352.41 10870.03 11413.53 11984.21 12583.42 13212.59 4778.04 5016.94 5267.78 5531.17 5807.73 6098.12
124228.92 130440.36 136962.38 143810.50 151001.02 158551.07

59.7254 62.7117 65.8473 69.1397 72.5966 76.2265
Community Services Director DD 320a 7731.71 8118.30 8524.21 8950.42 9397.95 9867.84 3568.48 3746.91 3934.25 4130.97 4337.51 4554.39
92780.56 97419.59 102290.57 107405.10 112775.35 118414.12

44.6060 46.8363 49.1782 51.6371 54.2189 56.9299
Community Services Officer PU 160 3482.60 3656.73 3839.56 4031.54 4233.12 4444.77 1607.35 1687.72 1772.11 1860.71 1953.75 2051.43
41791.15 43880.71 46074.75 48378.48 50797.41 53337.28

20.0919 21.0965 22.1513 23.2589 24.4218 25.6429
Deputy City Clerk MM 212a 4396.55 4616.38 4847.19 5089.55 5344.03 5611.23 2029.18 2130.63 2237.17 2349.02 2466.48 2589.80
52758.58 55396.50 58166.33 61074.65 64128.38 67334.80

25.3647 26.6329 27.9646 29.3628 30.8310 32.3725
Deputy City Manager EM 339 11889.85 12484.34 13108.56 13763.99 14452.19 15174.80 5487.62 5762.01 6050.11 6352.61 6670.24 7003.75
142678.22 149812.14 157302.74 165167.88 173426.27 182097.59

68.5953 72.0251 75.6263 79.4076 83.3780 87.5469
Deputy City Manager/Finance EM 339 11889.85 12484.34 13108.56 13763.99 14452.19 15174.80 Director 5487.62 5762.01 6050.11 6352.61 6670.24 7003.75 142678.22 149812.14 157302.74 165167.88 173426.27 182097.59

68.5953 72.0251 75.6263 79.4076 83.3780 87.5469
Deputy Director of Public Works/ MM 314 7729.64 8116.13 8521.93 8948.03 9395.43 9865.20 Community Development 3567.53 3745.90 3933.20 4129.86 4336.35 4553.17 92755.73 97393.51 102263.19 107376.35 112745.17 118382.43

44.5941 46.8238 49.1650 51.6232 54.2044 56.9146
Engineering Division Manager MM 302 5768.87 6057.31 6360.18 6678.19 7012.10 7362.70 2662.56 2795.68 2935.47 3082.24 3236.35 3398.17
69226.44 72687.76 76322.14 80138.25 84145.16 88352.42

33.2819 34.9460 36.6933 38.5280 40.4544 42.4771
Executive Assistant CU 183 3801.14 3991.19 4190.75 4400.29 4620.31 4851.32 1754.37 1842.09 1934.19 2030.90 2132.45 2239.07
45613.65 47894.33 50289.05 52803.50 55443.68 58215.86

21.9296 23.0261 24.1774 25.3863 26.6556 27.9884
Executive to the City Manager MM 259 4758.06 4995.97 5245.76 5508.05 5783.45 6072.63 2196.03 2305.83 2421.12 2542.18 2669.29 2802.75
57096.75 59951.59 62949.17 66096.62 69401.46 72871.53

27.4504 28.8229 30.2640 31.7772 33.3661 35.03439
Finance Director DD 335a 9414.71 9885.45 10379.72 10898.71 11443.64 12015.83 4345.25 4562.52 4790.64 5030.17 5281.68 5545.77
112976.57 118625.40 124556.67 130784.51 137323.73 144189.92

54.3157 57.0314 59.8830 62.8772 66.0210 69.3221
Finance Operations Manager MM 307 6044.07 6346.28 6663.59 6996.77 7346.61 7713.94 2789.57 2929.05 3075.50 3229.28 3390.74 3560.28
72528.89 76155.34 79963.10 83961.26 88159.32 92567.29

34.8697 36.6131 38.4438 40.3660 42.3843 44.50350
3

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Grants Manager MM 304 5095.68 5350.46 5617.99 5898.89 6193.83 6503.52 2351.85 2469.44 2592.92 2722.56 2858.69 3001.63
61148.16 64205.57 67415.85 70786.64 74325.97 78042.27

29.3982 30.8681 32.4115 34.0320 35.7336 37.5203
Human Resources Analyst MM 286 5089.56 5344.04 5611.24 5891.80 6186.39 6495.71 2349.03 2466.48 2589.80 2719.29 2855.26 2998.02
61074.75 64128.49 67334.91 70701.66 74236.74 77948.58

29.3629 30.8310 32.3726 33.9912 35.6907 37.4753
Human Resources Assistant CU 155c 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Human Resources Director DD 335b 8927.74 9374.13 9842.84 10334.98 10851.73 11394.32 4120.50 4326.52 4542.85 4769.99 5008.49 5258.92
107132.94 112489.58 118114.06 124019.77 130220.76 136731.79

51.5062 54.0815 56.7856 59.6249 62.6061 65.7364
Human Resources Manager MM xxx 7857.40 8250.27 8662.78 9095.92 9550.72 10028.25 3626.49 3807.82 3998.21 4198.12 4408.02 4628.43
94288.80 99003.24 103953.40 109151.07 114608.63 120339.06

45.3312 47.5977 49.9776 52.4765 55.1003 57.8553
Human Resources Technician I CU 236 4057.55 4260.43 4473.45 4697.12 4931.98 5178.58 1872.72 1966.35 2064.67 2167.90 2276.30 2390.11
48690.60 51125.12 53681.38 56365.45 59183.72 62142.91

23.4089 24.5794 25.8084 27.0988 28.4537 29.8764
Human Resources Technician II CU XXX 4307.39 4522.76 4748.90 4986.34 5235.66 5497.44 1988.03 2087.43 2191.80 2301.39 2416.46 2537.28
51688.67 54273.10 56986.75 59836.09 62827.90 65969.29

24.8503 26.0928 27.3975 28.7674 30.2057 31.7160
Information Technology Coordinator MM 305c 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Information Technology Manager MM 305b 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Mechanic I MU 180a 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Mechanic II MU 205a 3798.42 3988.34 4187.76 4397.15 4617.01 4847.86 1753.12 1840.77 1932.81 2029.45 2130.93 2237.47
45581.08 47860.13 50253.14 52765.80 55404.09 58174.29

21.9140 23.0097 24.1602 25.3682 26.6366 27.9684
Office Assistant CU 125 2718.34 2854.26 2996.97 3146.82 3304.16 3469.37 1254.62 1317.35 1383.22 1452.38 1525.00 1601.25
32620.10 34251.10 35963.66 37761.84 39649.93 41632.43

15.6827 16.4669 17.2902 18.1547 19.0625 20.0156
4

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Operations Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

28.8894 30.3339 31.8506 33.4431 35.1153 36.87104
Parks Maintenance Worker I MU 165b 3223.10 3384.25 3553.46 3731.14 3917.69 4113.58 1487.58 1561.96 1640.06 1722.06 1808.17 1898.57
38677.14 40611.00 42641.55 44773.63 47012.31 49362.92

18.5948 19.5245 20.5007 21.5258 22.6021 23.7322
Parks Maintenance Worker II MU 190 3544.88 3722.13 3908.23 4103.64 4308.83 4524.27 1636.10 1717.90 1803.80 1893.99 1988.69 2088.12
42538.58 44665.51 46898.78 49243.72 51705.91 54291.20

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015
Parks Maintenance Worker III MU 192 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

21.6789 22.7628 23.9010 25.0960 26.3508 27.6684
Payroll Technician CU 155d 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Planning Technician MU 225c 3618.83 3799.77 3989.76 4189.24 4398.71 4618.64 1670.23 1753.74 1841.43 1933.50 2030.17 2131.68
43425.91 45597.20 47877.06 50270.92 52784.46 55423.68

20.8778 21.9217 23.0178 24.1687 25.3771 26.6460
Police Administrative Supervisor MM 301 5099.54 5354.51 5622.24 5903.35 6198.52 6508.44 2353.63 2471.31 2594.88 2724.62 2860.85 3003.90
61194.43 64254.15 67466.86 70840.20 74382.21 78101.33

29.4204 30.8914 32.4360 34.0578 35.7607 37.5487
Police Chief DD 338 11271.77 11835.36 12427.13 13048.48 13700.91 14385.95 5202.36 5462.47 5735.60 6022.38 6323.50 6639.67
135261.24 142024.30 149125.51 156581.79 164410.88 172631.42

65.0294 68.2809 71.6950 75.2797 79.0437 82.9959
Police Clerk I PU 140b 2854.60 2997.33 3147.20 3304.56 3469.79 3643.28 1317.51 1383.38 1452.55 1525.18 1601.44 1681.51
34255.23 35967.99 37766.39 39654.71 41637.44 43719.32

16.4689 17.2923 18.1569 19.0648 20.0180 21.0189
Police Clerk II PU 155b 3138.74 3295.68 3460.46 3633.48 3815.16 4005.92 1448.65 1521.08 1597.14 1676.99 1760.84 1848.88
37664.89 39548.13 41525.54 43601.82 45781.91 48071.00

18.1081 19.0135 19.9642 20.9624 22.0105 23.1111
Police Corporal PU 244 5698.05 5982.95 6282.10 6596.20 6926.01 7272.31 2629.87 2761.36 2899.43 3044.40 3196.62 3356.45
68376.55 71795.37 75385.14 79154.40 83112.12 87267.73

32.8733 34.5170 36.2429 38.0550 39.9578 41.9556
Police Officer PU 230 5025.21 5276.47 5540.29 5817.31 6108.17 6413.58 2319.33 2435.29 2557.06 2684.91 2819.16 2960.11
60302.49 63317.61 66483.49 69807.67 73298.05 76962.95

28.9916 30.4412 31.9632 33.5614 35.2394 37.0014
5

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer Recruit TL 116 17.00
hrly
Police Lieutenant MM 315 8199.80 8609.79 9040.28 9492.29 9966.90 10465.25 3784.52 3973.75 4172.44 4381.06 4600.11 4830.12
98397.56 103317.44 108483.31 113907.48 119602.85 125582.99

47.3065 49.6718 52.1554 54.7632 57.5014 60.3764
Police Property and Evidence Clerk PU 140c 2854.60 2997.33 3147.20 3304.56 3469.79 3643.28 1317.51 1383.38 1452.55 1525.18 1601.44 1681.51
34255.23 35967.99 37766.39 39654.71 41637.44 43719.32

16.4689 17.2923 18.1569 19.0648 20.0180 21.0189
Police Sergeant PU 295 6610.68 6941.21 7288.27 7652.68 8035.32 8437.08 3051.08 3203.64 3363.82 3532.01 3708.61 3894.04
79328.12 83294.53 87459.25 91832.22 96423.83 101245.02

38.1385 40.0454 42.0477 44.1501 46.3576 48.6755
Project Accountant/Successor CU 240b 4202.73 4412.87 4633.51 4865.19 5108.45 5363.87 Agency Assistant 1939.72 2036.71 2138.54 2245.47 2357.75 2475.63 50432.80 52954.44 55602.17 58382.27 61301.39 64366.46

24.2465 25.4589 26.7318 28.0684 29.4718 30.9454
Project Engineer MM 312 7434.34 7806.06 8196.36 8606.18 9036.49 9488.31 3431.23 3602.80 3782.94 3972.08 4170.69 4379.22
89212.08 93672.68 98356.32 103274.13 108437.84 113859.73

42.8904 45.0349 47.2867 49.6510 52.1336 54.7403
Project Manager MM 305a 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Public Safety Dispatcher Trainee PU 145 3394.94 3564.69 3742.93 3930.07 4126.58 4332.91 1566.90 1645.24 1727.50 1813.88 1904.57 1999.80
40739.34 42776.30 44915.12 47160.88 49518.92 51994.87

19.5862 20.5655 21.5938 22.6735 23.8072 24.9975
Public Safety Dispatcher PU 170 3712.56 3898.19 4093.10 4297.75 4512.64 4738.27 1713.49 1799.16 1889.12 1983.58 2082.76 2186.90
44550.73 46778.27 49117.18 51573.04 54151.69 56859.27

21.4186 22.4896 23.6140 24.7947 26.0345 27.3362
Public Safety Dispatcher PU 228 4423.86 4645.05 4877.30 5121.17 5377.23 5646.09 Supervisor 2041.78 2143.87 2251.06 2363.62 2481.80 2605.89 53086.30 55740.62 58527.65 61454.03 64526.73 67753.07

25.5223 26.7984 28.1383 29.5452 31.0225 32.5736
Public Works Director DD 325 10342.16 10859.26 11402.23 11972.34 12570.95 13199.50 4773.30 5011.97 5262.57 5525.69 5801.98 6092.08
124105.86 130311.16 136826.71 143668.05 150851.45 158394.02

59.6663 62.6496 65.7821 69.0712 72.5247 76.1510
Public Works/Community DD 337b 9173.72 9632.40 10114.02 10619.72 11150.71 11708.24 Development Director 4234.02 4445.72 4668.01 4901.41 5146.48 5403.80 110084.58 115588.81 121368.25 127436.66 133808.50 140498.92

52.9253 55.5715 58.3501 61.2676 64.3310 67.5476
6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Public Works Regulatory MM 260b 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Compliance Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Public Works Superintendent MM 308b 7011.01 7361.57 7729.64 8116.13 8521.93 8948.03 3235.85 3397.65 3567.53 3745.90 3933.20 4129.86
84132.17 88338.78 92755.72 97393.51 102263.18 107376.34

40.4482 42.4706 44.5941 46.8238 49.1650 51.6232
Recreation and Community MU 186 3715.12 3900.88 4095.92 4300.71 4515.75 4741.54 Events Coordinator 1714.67 1800.40 1890.42 1984.95 2084.19 2188.40 44581.43 46810.50 49151.03 51608.58 54189.01 56898.46

21.4334 22.5050 23.6303 24.8118 26.0524 27.3550
Recreation Supervisor MM 301a 5099.54 5354.51 5622.24 5903.35 6198.52 6508.44 2353.63 2471.31 2594.88 2724.62 2860.85 3003.90
61194.43 64254.15 67466.86 70840.20 74382.21 78101.33

29.4204 30.8914 32.4360 34.0578 35.7607 37.5487
Senior Planner MM 303 5899.92 6194.92 6504.66 6829.89 7171.39 7529.96 2723.04 2859.19 3002.15 3152.26 3309.87 3475.37
70799.04 74338.99 78055.94 81958.74 86056.68 90359.51

34.0380 35.7399 37.5269 39.4032 41.3734 43.4421
Sewer Division Supervisor MM 260c 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67
65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Sewer Maintenance Worker I MU 180b 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Sewer Maintenance Worker II MU 205b 3723.95 3910.15 4105.65 4310.94 4526.48 4752.81 1718.75 1804.68 1894.92 1989.66 2089.15 2193.60
44687.39 46921.75 49267.84 51731.23 54317.80 57033.69

21.4843 22.5585 23.6865 24.8708 26.1143 27.4200
Sewer Maintenance Worker III MU 220a 3947.12 4144.48 4351.70 4569.29 4797.75 5037.64 1821.75 1912.84 2008.48 2108.90 2214.35 2325.06
47365.47 49733.74 52220.43 54831.45 57573.02 60451.67

22.7719 23.9105 25.1060 26.3613 27.6793 29.0633
Streets and Parks Division MM 260d 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Streets Maintenance Worker I MU 165e 3223.10 3384.25 3553.46 3731.14 3917.69 4113.58 1487.58 1561.96 1640.06 1722.06 1808.17 1898.57
38677.14 40611.00 42641.55 44773.63 47012.31 49362.92

18.5948 19.5245 20.5007 21.5258 22.6021 23.7322
Streets Maintenance Worker II MU 190c 3544.88 3722.13 3908.23 4103.64 4308.83 4524.27 1636.10 1717.90 1803.80 1893.99 1988.69 2088.12
42538.58 44665.51 46898.78 49243.72 51705.91 54291.20

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015
7

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-23 EFFECTIVE SEPTEMBER 1, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Streets Maintenance Worker III MU 192a 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

21.6789 22.7628 23.9010 25.0960 26.3508 27.6684
Systems Technician MU 232 4478.03 4701.93 4937.03 5183.88 5443.08 5715.23 2066.78 2170.12 2278.63 2392.56 2512.19 2637.80
53736.38 56423.20 59244.36 62206.58 65316.91 68582.76

25.8348 27.1265 28.4829 29.9070 31.4024 32.9725
Water Division Supervisor MM 260e 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67
65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Water Systems Operator I MU 180c 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Water Systems Operator II MU 205c 3723.95 3910.15 4105.65 4310.94 4526.48 4752.81 1718.75 1804.68 1894.92 1989.66 2089.15 2193.60
44687.39 46921.75 49267.84 51731.23 54317.80 57033.69

21.4843 22.5585 23.6865 24.8708 26.1143 27.4200
Water Systems Operator III MU 220b 3947.12 4144.48 4351.70 4569.29 4797.75 5037.64 1821.75 1912.84 2008.48 2108.90 2214.35 2325.06
47365.47 49733.74 52220.43 54831.45 57573.02 60451.67

22.7719 23.9105 25.1060 26.3613 27.6793 29.0633
Water Systems Pump Operator MU 229 4644.38 4876.60 5120.43 5376.45 5645.27 5927.54 2143.56 2250.74 2363.27 2481.44 2605.51 2735.79
55732.56 58519.19 61445.15 64517.40 67743.28 71130.44

26.7945 28.1342 29.5409 31.0180 32.5689 34.1973
Seasonal/Temporary Employees: HOURLY RATE
Assistant Pool Manager SE 070 15.50 15.75 16.00
Community Facilities Aide SE 060 15.00 15.25 15.50
Community Facilities Attendant SE 100 15.00 15.25 15.50 Crossing Guard SE 056
Lifeguard SE 054 15.00 15.25 15.50
Lifeguard/Swim Instructor SE 059 15.00 15.25 15.50
Minutes Clerk TL 094 18.00 19.00 20.00
Pool Manager SE 090 16.25 16.50 16.75
Recreation Leader I SE 052 15.00 15.25 15.50
Recreation Leader II SE 058 15.50 15.75 16.00
Recreation Instructor I SE 096 15.00
Recreation Instructor II SE 098 17.00
Reserve Firefighter TL 051 15.00
Reserve Firefighter (OES Specl Assig) TL 099 Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov.

Seasonal Park/Recreation Aide SE 050 15.00 15.25 15.50
Senior Recreation Leader SE 064 16.00 16.25 16.50
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on EM - Executive Management this schedule is not guaranteed the hourly rate listed. The City Manager, DD - Department Director at his/her sole discretion, may appoint at a lower hourly rate so long as the MM - Mid Management houly rate is equal to the mandatory minimum wage rate.

CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee Adopted by City Council Resolution No. 3342-22 TL - Temporary/Limited Service Dated August 22, 2022
Hourly rate set annually through agreement with AESD
8

CITY COUNCIL

AGENDA REPORT

MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY:

SUBJECT: Approving First Amendment to the Professional Service Agreement to Data Path Inc of Modesto, California for
Augmented Managed Information Technology (IT) Support
Services (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approve First Amendment to Professional Service Agreement, in a form approved by the City Attorney, to Data Path Inc of Modesto, California for Augmented Managed Information Technology Support Services; and authorize and direct the City Manager to execute the First Amendment on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City of Atwater (“City”) has contracted with third party vendors for Information Technology (“IT”) support for more than a decade. Over time, the City has implemented a wide variety of different technologies and systems to improve business processes and provide an enhanced quality of service. As the City’s IT requirements have evolved, it has become necessary to identify a suitable vendor which aligns with the City’s current strategic and operational goals.

On September 1, 2021, the City of Atwater entered into a Professional Service Agreement with Data Path Inc of Modesto, California for Augmented Managed Information Technology (IT) Support Services with a one year term for the amount of $94,200 yearly. Included in their scope, DataPath provides technicians, coordination, and IT engineering services to the City of Atwater.

The City of Atwater has been receiving excellent services from DataPath and staff would recommend entering into a First Amendment to the Professional Services Agreement that would only modify the end date of the contract from August 31, 2022 to August 31, 2023. The cost of the contract would not increase nor will the services provided by DataPath.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

II. FISCAL IMPACTS:

Sufficient funding for this item exists in the City of Atwater Adopted Fiscal Year 2022-23 Information Technology Fund Budget.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

In the City of Atwater’s 2020-2025 Strategic Plan, the Atwater City Council identified six strategic goals. Four of the six identified goals are supported by this item. As the transition from the current IT support provider will result in considerable cost savings, Goal 1 (Ensure Financial Solvency) is supported. Goal 2 (Ensure Safety of Staff and Our Community) is supported through the increased availability of IT resources and enhancements to the City’s ability to execute IT Cyber Security initiatives. Goal 3 (Promote Transparency through Communication) is supported through the additional IT resources available to maintain existing systems and ensure availability of City IT infrastructure. Goal 6 (Improve Quality of Life) is supported through the availability of additional IT resources to execute IT initiatives in a timely manner.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a “project” under section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore not subject to review of analysis.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will route the First Amendment to GSA for execution.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. First Amendment to PSA Data Path Inc

2. Data Path Inc. 9-1-2021 Professional Services Agreement Augmented IT Support Services

First Amendment to Professional Services Agreement between 9/1/2022 City of Atwater and Data Path Inc. Page 1 of 2

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ATWATER AND DATA PATH, INC.

This First Amendment to the Professional Services Agreement (“First Amendment”) by and between the City of Atwater (“City”) and Data Path, Inc. (“Professional”) is entered into on September 1, 2022. City and Professional are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated September 1, 2021 (“Original Agreement”) for the purpose of providing Information Technology “IT” support services with a term ending August 31, 2022 (the “Project”); and WHEREAS, Section 8.2 of the Original Agreement provides that City may enter into two, one-year renewals and this First Amendment exercises the City’s right to that first, one-year renewal; and
WHEREAS, Section 8.2 provides that any such extension shall require written approval by the City and therefore, the Parties desire to enter into this First Amendment for the purpose of extending the end date of the Original Agreement under Section 1.1, “Term of Service,” as set forth below.

NOW, THEREFORE, as of the Effective Date of this First Amendment, the Original Agreement is hereby amended as follows:

1. The Parties hereby agree to amend Section 1.1 “Term of Service” in its entirety by modifying the end date from August 31, 2022 to August 31, 2023 as follows:
“1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on August 31, 2023. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.”

2. Unless otherwise changed by this First Amendment, the Original Agreement shall remain in full force and effect.

3. This First Amendment may be executed in counterparts, by facsimile and by electronic mail or other digital reproduction or copy, and each counterpart signature in whatever form is to be deemed an original, and all of which shall constitute the same First Amendment.

First Amendment to Professional Services Agreement between 9/1/2022 City of Atwater and Data Path Inc. Page 2 of 2
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the day and year first above written.

CITY OF ATWATER CONSULTANT
____________________________ ________________________________ Lori Waterman David Darmstandler
City Manager CEO
Data Path Inc
Attest:
____________________________
Lucy Armstrong
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND DATA PATH, INC.

THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Data Path, Inc., a California corporation, (“Professional”) as of September 1, 2021 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in Exhibit A. Professional may also subsequently perform additional services under this Agreement and such additional work, and corresponding fees, shall be set forth in task orders sequentially numbered “Task A-1” et seq. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, or any subsequent task orders, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on August 31, 2022, the date of completion specified in Exhibit A.

Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned 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.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed seventhousand eight hundred and fifty dollars per month ($7,850.00), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit A, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, at least once a month, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date.

Invoices shall contain the following information:
§ The beginning and ending dates of the billing period;

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Final Payment. Omitted.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit A, and shall not exceed the cost set forth therein during this Agreement.

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
§ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
§ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or § Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements

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Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be

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Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

paid by City for employer contributions and/or employee contributions for PERS benefits.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an 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.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

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Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. After the first year of this Agreement, City may cancel this Agreement at any time and without cause upon written notification to Professional.

After the first year of this Agreement, Professional may cancel this Agreement upon sixty (60) days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. City may extend this contract for two, one-year renewals. Any such extension shall require a written approval by the City.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional. Except in the case a parent or successor re-organization which assumes Professional’s operations, Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

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Professional Services Agreement between
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September 1, 2021

8.6.1 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.2 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.3 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work. Professional’s costs under this subsection shall be limited to $7,850.00.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. 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.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit,

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Professional Services Agreement between
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September 1, 2021

and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Omitted.

11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

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Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.9 Contract Administration. This Agreement shall be administered by Jeanna Del Real ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.10 Notices. Any written notice to Professional shall be sent to:

Jay Harvey, Senior Account Executive
1415 J Street
Modesto, CA 95354
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:

Deputy City Manager
Jeanna Del Real
750 Bellevue Road
Atwater, California 95301

11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________

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Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, including the scope of work attached hereto and the fee schedule attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

11.15 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 the state or federal law in order to enter into the Agreement have been fully complied with.

11.16 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.

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

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

83744.00001\34324528.1
Professional Services Agreement between
City of Atwater and Data Path, Inc.

September 1, 2021

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager David Darmstandler, CEO
Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

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Exhibit A to Professional Services Agreement between September 1, 2021 City of Atwater and Data Path, Inc. Page 1 of 3

EXHIBIT A

SCOPE OF WORK AND FEE SCHEDULE
Deliverables:

Technology Management
- Emergency After Hours Support for Critical Business Systems - Monitoring, Alerting & Maintenance with Active Response - Daily Monitoring of Backups / Daily Resolve of Backup Issues - Escalated Remote Support Provided to Supplement Onsite Support as Needed Support of Infrastructure
- Network and Server Infrastructure Support
§ Including Firewalls, Switches, Routers, Wireless Controllers & Access Points
§ Including Server and Network Application Support
- Priority for Critical and/or Mass Outages
- Server Patching and Critical Service Packs for Servers - 24/7 Network Monitoring, Alerting and Maintenance
- Management of Network Hardware Firmware Updates
- Server Management and Monitoring
- Virtualization Infrastructure Management
- Wireless Controllers and Individual AP Management
Tools
- Advanced Trouble Ticket System
- Client Portal Access Provided to Access Ticket Information, Reports, and Account Details
- Customized Client Dashboard (Analytics & Reports)
- Discovery with Reporting
- IT Documentation of IT Infrastructure
- Remote Control Agent
- Network Management Software (for Alerting Purposes and Configuration Backups)
IT Procurement
- Datapath Procurement Department
§ Leverage of Datapath’s Procurement Department and Vendor Relationships to receive discounts on hardware/software purchases. - Management of Recurring Renewals for Licensing, Security Certificates, and Warranties

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Exhibit A to Professional Services Agreement between September 1, 2021 City of Atwater and Data Path, Inc. Page 2 of 3
- Preferred Vendor Partnerships
- Best Practices on Technology Refreshes
Strategic Planning
- IT Director Role working directly with key decision makers to assist in – Planning, Budgeting, Technology Reviews and Strategic Alliance with Customer Goals
- Attendance at Management and Technology Meetings as Required - Annual Infrastructure Review by Sr. Engineer
- Technology Business Review and alignment with Account Manager - Network, Server, and End User Device Forecasting
Daily Helpdesk Support
- Tickets will be routed through the IT Manager for the customer using Streamline IT – They can then be assigned to either company or be handled by the IT Manager. - End user support for issues that arise from technology. - Ticketing system monitored by supervisors with thresholds for quality of support and response times.
- IT automation team works in the background to try to prevent support related issues using tools, scripting, and remote tools to reduce the number of tickets from end users.

Optional Security Services - $2,500 per month – Price includes a PAN 450 and two PAN 440’s – If customer does not wish to obtain the optional security services will need to sign release of liability form.

Preventative Security Services
- Firewall Management and Security Hardening of Palo Alto ONLY - Endpoint Protection for up to 80 Endpoints
- Security Awareness Training and Simulated Phishing Tests for up to 80 People - Dark Web Monitoring for 1 domain and up to 5 personal email addresses SOC Services
- Firewall Security Log Monitoring
- Firewall Integration with Threat Intelligence Feeds
- Bi-Annual Best Practice Assessments of Firewall
* Security Incident Response Services are not included and are billed at $225/hr per technician Exclusions:
- Datapath is not responsible for mounting of physical equipment such as projectors, ceiling tiles, wireless access points and cameras. Contractor will work with customer, outside contractor or whoever customer deems appropriate to ensure equipment is mounted properly and receives network connectivity.

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Exhibit A to Professional Services Agreement between September 1, 2021 City of Atwater and Data Path, Inc. Page 3 of 3
- Agreement does not include performing any electrical work or the running of network cabling through walls, ceilings, and conduit or over roofs. - Major changes or additions to infrastructure may be subject to additional charges or contract evaluation.
- Remote office travel may require additional fees for room and board.

Terms of Service
By signing this Statement of Work Customer is agreeing to the Datapath Terms Of Service.

Datapath’s Terms of Service may be found at:
www.mydatapath.com/terms-of-service
Fees:
$7,850.00 per month, invoiced on the 1st of each month, and payable within 30 days. Any reimbursements for costs or expenses shall be discussed and approved by City prior to incurring such costs. The total eligible reimbursements under this Agreement shall not exceed $5,000.00.

83744.00001\34324528.1

Recorded at the request of:

CITY CLERK
Return to

CITY OF ATWATER
750 BELLEVUE ROAD
ATWATER, CA 95301

NOTICE OF COMPLETION
(INDIVIDUAL OR CORPORATION)
Notice is Hereby Given That:

1. The work of improvement as a whole was completed upon the hereinafter described real property on: August 22,2022.

2. The name and address of the owner giving and filing this notice:

Name Street and No. City State
CITY OF ATWATER 750 BELLEVUE ROAD ATWATER CALIFORNIA
The interest of said owner was acquired subsequent to the commencement of the work of improvement from:

Name Street and No. City State
N/A
The names and addresses of all other co-owners, if any, who own an estate or interest in said real property, whether as joint tenants or tenants in common, or otherwise, are:

Name Street and No. City State
N/A

3. That the nature of the interest or estate of the owner in and to said real property is in fee: yes_______________

4. That the name of the original contractor for the work of improvement referred to above is: W.M Lyles Co, Fresno, CA.

5. That the street address of said property is: Fruitland Avenue, Manzanita Drive, Bellevue Road, Industry Way, Bridgewater Street , Atwater, CA 95301.

6. That the real property herein referred to is situated in the City of Atwater, County of Merced, State of California, and particularly described as follows:

Verification for CORPORATE owner: _______________________________________

LORI WATERMAN, CITY MANAGER
1,2,3- TCP Remediation Project
City Project No. 20-1

CITY COUNCIL

AGENDA REPORT

MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Jim Vang
SUBJECT: Awarding a Professional Service Agreement for the Bellevue Road Reconstruction/Realignment Project Study ReportProject Development Support (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Awards a Professional Service Agreement, in a form approved by the City Attorney, to Mark Thomas & Company, Inc. of Fresno, California, for the Bellevue Road Reconstruction/Realignment Project Study Report- Project Development Support, in an amount not to exceed $190,091.16; and authorizes and directs the City Manager to execute the Professional Services Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Bellevue Road Reconstruction/Realignment Project is a multi-jurisdictional priority project of the City of Atwater and County of Merced. This project would realign and reconstruct a portion of Bellevue Road between Grove Avenue and Parade Street immediately west of the City of Atwater City limits. Bellevue Road is currently closed to traffic within the developed portion of the Dole Packaged Foods campus, requiring extensive detours on local roadways for motorists.

At their regular meeting on January 10, 2022, the City Council adopted Resolution No.3276-22 approving Budget Amendment No.18 amending Fiscal Year 21-22 Budget to establish a budget within the Measure V Regional Fund for the preparation of the Project Study Report Equivalent (PSR-E) for Bellevue Road Project and approved the Measure V Regional Funding Agreement with Merced County Association of Governments (MCAG) for the preparation of the Bellevue Road Rehabilitation/Realignment PRS-E.

On June 23, 2022, staff released a Request for Proposals (RFP) for the preparation of a Project Study Report-Project Development Support for the Bellevue Road Reconstruction/Realignment Project.

Two (2) proposals were received. On August 02, 2022, a selection review committee

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

evaluated and scored each proposal to determine the rankings. After review and careful consideration of the selection criteria identified in the RFP, the committee identified the top-ranked firm and makes a recommendation to select the proposal submitted by Mark Thomas & Company, Inc. of Fresno, California, in an amount not to exceed $190,091.16.

II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in Measure V Regional Fund, Bellevue Road Realignment, Account No. 0010-1080-V017, for Fiscal year 2022-23 This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item was reviewed by the City Attorney’s office.

IV. EXISTING POLICY:

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).

IX. STEPS FOLLOWING APPROVAL:

Should the City Council award the Professional Service Agreement, the City Manager will execute the Agreement, and staff will hold a project kick off meeting and issue a Notice to Proceed.

Submitted by:

Agenda Report - Page 3

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A - PSA

2. Exhibit B - Scope of Work

3. Exhibit C- Cost Detail

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 1 of 16

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND MARK THOMAS & COMPANY, INC. (PROFESSIONAL) THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Mark Thomas & Company, Inc. (“Professional”) as of August 22, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall remain in effect until cancelled by either Party or amended by the Parties.

Professional shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a professional and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned 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.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $190,091.16, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 2 of 16 between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
 The Professional’s signature; and
 Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 3 of 16

2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed the amount describe therein. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 4 of 16 may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 5 of 16 insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 6 of 16 e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 7 of 16 bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 8 of 16  Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 9 of 16 Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an 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.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 10 of 16

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon 30 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 11 of 16 Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement. 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;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. 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

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 12 of 16 authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 13 of 16

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.9 Contract Administration. This Agreement shall be administered by Lori Waterman, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 14 of 16

11.10 Notices. Any written notice to Professional shall be sent to:

Mark Thomas & Company, Inc.

Attn: Ed Noriega, Division Manager – Fresno
7571 North Remington Avenue, Suite 102
Fresno, CA 93711
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:

City of Atwater
Attn: Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301

11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the fee schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

11.15 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 the state or federal law in order to enter into the Agreement have been fully complied with.

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 15 of 16

11.16 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.

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

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Ed Noriega, Division Manager-Fresno Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between August 22,2022 City of Atwater and Mark Thomas & Company, Inc. Page 1 of 1

EXHIBIT A

SCOPE OF WORK

Exhibit B to Professional Services Agreement between August 22, 2022 City of Atwater and Mark Thomas & Company, Inc. Page 1 of 1

EXHIBIT B

FEE SCHEDULE

Bellevue Road Realignment
Atwater

PSR-PDS SCOPE OF WORK

1.0 PROJECT ADMINISTRATION

1.1 Team Management/Coordination
Mark Thomas will manage the project team, which includes Mark Thomas, Fehr & Peers, GPA and Monument ROW. Mark Thomas’s Project Manager will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task will include managing the team, coordinating with the City of Atwater (City) and Merced County (County), and includes preparing contract paperwork, memos, letters and e-mail, making phone calls and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through submittal of the key final project deliverables, and concludes when the project’s Project Study Report – Project Development Support (PSRPDS) is signed.

1.2 Meeting and Coordination
This Task will include coordinating and scheduling meetings, periodically checking in on subconsultant progress, assisting in communication between team members, City, County, and other entities, and planning ahead for milestones requiring joint project team effort. Mark Thomas will attend a project kickoff meeting with the City and hold 3 PDT meetings and 3 coordination meetings in person or by phone with City staff to keep the project on track. The meetings will be centered on key project milestones.

1.3 Quality Control
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of required plan checks (who, what, when), design checklists, and methods of project documentation. Mark Thomas will use their QA/QC manual as a guide to ensure the highest engineering quality possible.

1.4 Risk Register
A Risk Register will be prepared for the project which will transfer risks to future project phases. Mark Thomas will work with the PDT to jointly identify risks and define probability, severity, impacts, and ownership of each risk. Two iterations of the Risk Register are assumed.

TASK 1 DELIVERABLES:
 Project Schedule with monthly updates
 Monthly invoices and progress reports

Bellevue Road Realignment
Atwater

 Meeting Agendas and Minutes for Kickoff Meeting, 3 PDT Meetings and 3 Coordination Meetings  Draft and Final Risk Register

2.0 PERFORM INITIAL ENGINEERING ANALYSIS
Mark Thomas will perform a PSR-level engineering analysis for the project, with specific tasks outlined below:

2.1 Data Collection
Mark Thomas will gather and review available existing information and reports relevant to the project site, history, and planning context from the City, County, Merced Irrigation District (MID), and Dole Corporation.

These may include as-built plans, utility maps, City planning documents, previous study reports, or local and regional funding plans. This data will be reviewed and incorporated in the PSR-PDS document. This task also includes project site visits to evaluate existing conditions. Up to 3 site visits are included.

2.2 Identify Design Alternatives
Mark Thomas will prepare up to 2 alternatives or design variations for the project. Typical Cross Sections will be prepared for up to 4 locations. Any potential design exceptions will be identified which will be discussed with the City. The non-standard features will be documented in a risk assessment and included in the PSR-PDS.

2.3 Order–of–Magnitude Capital Cost Estimate
Mark Thomas will prepare an order-of-magnitude capital cost estimate for each alternative or design variation to be used for long-range planning purposes only. A range of cost will be developed based on the available information. The cost estimates will be in the PSR-PDS Capital Outlay Project Estimate format provided in the PDPM.

2.4 Order–of–Magnitude Right of Way Cost Estimate
Mark Thomas will identify the number of parcels and areas of potential right of way acquisitions for each alternative or design variation. Utility involvement will be determined. This information will be used to prepare the Conceptual Cost Estimate - Right-of-Way Component intended for long-range planning purposes only.

2.5 Stormwater Documentation
Mark Thomas will prepare the Evaluation Documentation Form to determine if there will be any significant impacts to the project alternatives, right-of-way needs, or project costs due to the need to incorporate treatment BMPs for compliance with stormwater requirements. The Evaluation Documentation Form found in PPDG Appendix E will be used to document the need to incorporate treatment BMPs in a PSR-PDS.

TASK 2 DELIVERABLES:
 Up to 2 Geometric Layouts
 Up to 4 Typical Cross Sections per alternative
 Up to 2 PSR-PDS Capital Outlay Cost Estimates

Bellevue Road Realignment
Atwater

 Up to 2 Conceptual Cost Estimate Right of Way Component  Evaluation Documentation Form

3.0 TRAFFIC ENGINEERING PERFORMANCE ASSESSMENT
(TEPA)
The following is an excerpt from the PSR-E guidelines that form the basis of the TEPA assumptions and approach:

To provide sufficient traffic data to support the development of the project purpose and need and to determine the project benefits and impacts for the future environmental document, the following assumptions are made:

TEPA Analysis Years and Study Periods
• Analysis Years: Existing (2022) conditions, and Design Year (2045-2050) • Study Periods: Weekday AM peak hour (highest one-hour volume between 7-9 AM) & Weekday PM peak hour (highest one-hour volume between 4-6 PM)
Study Area
Based on the location of the project and the potential to impact local traffic operations, the following 6 existing intersections are proposed to be evaluated.
• Westside Boulevard/SR 99 Southbound Ramps
• Westside Boulevard/SR 99 Northbound Ramps
• Westside Boulevard/Olive Avenue
• Westside Boulevard/Vine Avenue
• Westside Boulevard/North Winton Way
• Atwater Boulevard/SR 99 Northbound Ramps
In addition to the 6 intersections listed above, up to 3 additional intersections will be evaluated in coordination with County and City of Atwater staff to establish the purpose and need of the project.

This scope proposes to analyze three alternatives: No Build Alterative and two Build Alternatives.

3.1 TEPA Assumptions and Methodology Memorandum
Fehr & Peers will prepare the District 10 required Traffic Methodology Memorandum that describes the study area, time periods to be evaluated, extent of data collection, and level of documentation anticipated to support the Traffic Engineering Performance Assessment. It is assumed that the approach and methodology would be tailored for an analysis of a project required to be analyzed for a 20-year design life. This memorandum will be submitted to the City and County for review and approval.

Bellevue Road Realignment
Atwater

3.2 Analyze Traffic Operations for Existing Conditions
The sections below describe the data collection methods. It is assumed that available historical data will be used for this effort. If no data available, multimodal peak hour counts will be collected for the study intersections.

Collision Data
Collision data for the Bellevue Road study corridor for the most recent three-year period will be summarized from the Statewide Integrated Traffic Records System (SWITRS) database and the Caltrans Traffic Accident Surveillance and Analysis System (TASAS) database.

Signal Timing Data
Signal timing and phasing data for each of the signalized study intersections will be obtained from the City of Atwater.

Field Reconnaissance
Fehr & Peers will perform field reconnaissance to collect lane configurations, turn pocket lengths, speed limits, and supplemental intersection signal timing/phasing information within the study area. Fehr & Peers will also perform weekday AM and PM observations at each study intersection to identify the extent of existing congestion and queues.

Existing Operations Analysis
A weekday AM and PM peak hour existing conditions Synchro 11 model for up to nine study intersections will be developed. Synchro 11 provides results consistent with the Transportation Research Board’s Highway Capacity Manual (HCM) 6th Edition methodology. A Draft Existing conditions report will be prepared and submitted summarizing the data collection and existing traffic operations analysis results. After submitting the Draft Existing Conditions Report we will respond to one round of written comments and prepare the Final Existing Conditions Report.

3.3 Forecast Travel Demand Volume
Traffic data from the Three-County Regional Transportation Plan / Sustainable Communities Strategy (RTP / SCS) Air Quality Conformity Model that was recently applied for the SR 59 Widening & Black Rascal Creek Bridges PA/ED will be used to develop an annual peak hour and daily volume growth rate. The model currently assumes that Bellevue Road is connected. Therefore, design year traffic forecasts under With Project conditions will be prepared for the intersections listed above based on the annual growth factor. Design Year No Project forecasts will be developed through manual redistribution of With Project forecasts assuming Bellevue Road is disconnected.

Forecast volumes will be delivered to the project team in a tabular format as an initial step for review and discussion. Final forecast volumes for inclusion in the TEPA will be provided in a graphical format.

Bellevue Road Realignment
Atwater

3.4 Alternatives Development, Analysis and Refinement
Fehr & Peers will collaborate with the project team to develop and refine up to two (2) build alternatives. The traffic forecasts and roadway network assumptions developed in the previous task will be used to update the existing conditions Synchro models (AM and PM peak hour) for No Project and With Project conditions for the design year. The No Project and With Project Synchro models will include the same intersections evaluated under Existing Conditions.

3.5 Traffic Engineering Performance Assessment (TEPA)
Fehr & Peers will prepare a Traffic Engineering Performance Assessment (TEPA) summarizing the traffic operational analysis results for the project. At a minimum, as required by the PSR/PDS guidelines, the TEPA will also include a preliminary scope of work for the traffic engineering studies to be completed in the PA&ED phase. The preliminary scope of work will be developed in consultation with Caltrans.

Fehr & Peers will prepare an Administrative Draft Report for review. We will address all written comments and prepare a draft report for submittal to City and County. Fehr & Peers will meet with the project team, as necessary, to discuss the draft report, address all written comments, and prepare the Final TEPA for approval by City and County.

TASK 3 DELIVERABLES
 Draft Approach and Methodology Memo
 Final Approach and Methodology Memo
 Draft Traffic Engineering Performance Assessment Report (TEPA)  Final Traffic Engineering Performance Assessment Report (TEPA)

4.0 MINI-PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT

EQUIVALENT

4.1 Preliminary Investigations and Database Searches
At project initiation, GPA will complete preliminary investigations to support project initiation, including database searches for various biological, cultural and historic, and hazardous materials resources, and a “windshield” survey of the project area to identify areas of potential environmental constraints and opportunities, and confirm the environmental topic areas requiring technical evaluation, and the anticipated level of environmental document and determination. Notifications to Native American Tribes pursuant to AB 52 would also be completed during this time.

It is assumed that the project will not be processed through Caltrans Capital Projects division. GPA will prepare a Preliminary Environmental Analysis that will be an attachment within the PSR-PDS.

Bellevue Road Realignment
Atwater

4.2 Mini-PEAR Equivalent
To support the Project Initiation Document (PID) phase, GPA will prepare a Mini Preliminary Environmental Assessment Report (PEAR), consistent with the Caltrans Standard Environmental Reference (SER). The document will include all of the required sections and attachments for a PEAR, including a project description; existing conditions and special environmental considerations; anticipated environmental permits, approvals, and commitments; the anticipated level of environmental review, including technical studies and the level of environmental documentation to comply with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA); and a PEAR environmental studies checklist, cost estimates, and schedule.

The PEAR technical summaries will be supported by more detailed environmental analyses, through preparation of the below mentioned technical memoranda, which will be prepared with the most current design information available. While the technical analyses will be based on the most currently available design concepts, a thorough analysis, to the extent feasible, will help streamline the project as it moves forward.

GPA will coordinate with the project engineers to collect design information necessary to initiate the environmental process. Once the design information is available, GPA will prepare a project description appropriate for use in the PEAR. GPA will perform research, including windshield surveys, reviews of applicable planning documents, and database searches, to complete the PEAR in accordance with the Caltrans SER. The PEAR will focus on the environmental issues most likely to affect project scope, schedule, and cost. The PEAR GPA will finalize and submitted to the City for approval as part of the PSR-PDS.

TASK 4 DELIVERABLES
 Database Search Results
 Mini-Preliminary Environmental Analysis Report Equivalent  AB 52 Tribal Notifications

5.0 PROJECT STUDY REPORT – PROJECT DEVELOPMENT

SUPPORT (PSR-PDS)
Mark Thomas will prepare the PSR-PDS document using available information, using the PSR-PDS template for State Transportation Improvement Program (STIP) projects and projects-funded-by-others provided in the PDPM, with specific tasks outlined below:

5.1 Define Purpose and Need
Mark Thomas, City, and Caltrans will develop the project Purpose and Need statement. It is assumed that one brainstorming workshop will be held with Mark Thomas, City, and County. Mark Thomas will prepare a Purpose and Need Statement that will be reviewed and approved by the City and County, assuming up to 2 iterations.

Bellevue Road Realignment
Atwater

5.2 Supplemental Documentation
Supplemental checklists and forms will be required for the approval of the PSR-PDS, which includes the Design Scoping Index, Transportation Planning Scoping Information Sheet, Survey Needs Questionnaire, and Division of Engineering Services PSR-PDS Scoping Checklist.

5.2.1 Design Scoping Index
Mark Thomas will prepare a draft Design Scoping Index based on the available information to be part of the project file. Mark Thomas will provide information related to design features.

5.2.2 Transportation Planning Scoping Information Sheet Mark Thomas will prepare a draft Transportation Planning Scoping Information Sheet based on the available information to be attached to the PSR-PDS.

5.2.3 Survey Needs Questionnaire
Mark Thomas will prepare a draft Survey Needs Questionnaire based on the available information to be part of the project file. It is assumed that as-built information and right of way record maps will be available to Mark Thomas in order to establish the project datums.

5.2.4 Division of Engineering Services (DES) Scoping Checklist Mark Thomas will prepare a draft Scoping Checklist based on the available information for submittal to be part of the project file. The intent of the checklist is to gather as much information as possible on the alternatives for the PDT to accurately identify the review effort needed during PA-ED and PS&E phases. A summarized project description paragraph will be provided for each alternative.

5.3 PSR-PDS
Mark Thomas will prepare the PSR-PDS document in accordance with Chapter 9 and Appendix S of the Caltrans PDPM.

TASK 5 DELIVERABLES
 Draft and Final Purpose and Need Statement for Review and Approval by City and County  Draft Design Scoping Index
 Draft Transportation Planning Scoping Information Sheet  Draft Survey Needs Questionnaire
 Draft Division of Engineering Services Scoping Checklist  Admin Draft, Draft, and Final PSR

Bellevue Road Realignment
Atwater

6.0 RIGHT-OF-WAY

6.1 Right of Way Cost Estimate and Data Sheet
Monument will prepare a right-of-way cost estimate and Caltrans ROW Data Sheets to all applicable state standards. Monument will evaluate the potential right-of-way requirements, affected parcels and associated capital costs related to each alignment alternative under consideration project. As such, the following Scope of Work itemizes the tasks and deliverables that will be performed by Monument. • Take an inventory of the affected properties for each selected option. • Using public Assessor’s Roll information, investigate the ownership, lot size, and building size of each affected property.
• Visually inspect each property (exterior street view) and evaluate effects of proposed acquisition. List all businesses on each property and the approximate space they occupy. • Sort each property into product types to determine the universe of real estate data sets to research and create valuation data sets for each product type.
• Prepare an estimate of the probable cost of each full property acquisition or the cost of each partial acquisition (plus damages) using the data sets created and utilizing our various real estate value data bases.
• Prepare an estimate of the probable relocation assistance exposure for each residential or nonresidential occupant located on each property. • Prepare an estimate of the immoveable fixtures and equipment associated with each business property. • Prepare an estimate of the total probable loss of business goodwill attributable to each operating business.
• Prepare an estimate of the inspection and demolition costs associated with delivering each cleared site. • Prepare an estimate of the total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition and relocation agents, title/escrow, and legal services). • Ascertain the estimated cost for potential utility relocations from the design engineer and/or utility coordinator (preparing a cost estimate for utility relocations is excluded from Monument’s scope of work).

The scope of work will be performed and delivered in the form of a report containing a description of the project areas studied, a summary of total probable costs of the study area itemized by major component and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets will contain a parcel-by-parcel breakdown of all probable costs.

If the acquisition program is to be phased or determined to be implemented at a future date, formulized spreadsheets will be created which apply the appropriate cost escalation factors to reflect the projected schedule.

Bellevue Road Realignment
Atwater

The final cost information determined from the accumulation of data will then be transferred into the appropriate format for application to the Right of Way Data Sheets, or other format required by the project.

TASK 6 DELIVERABLES
 Right of Way Cost Estimate
 Right of Way Data Sheet Report

OPTIONAL TASKS

1.1 Aerial Topographic Survey and Mapping
O’Dell Engineering will assist in the Bellevue Road Realignment Project of approximately 1.5 mile-long design of a 4-lane arterial road in the City of Atwater, CA.

Mapping Limits
Mapping Limits will be along Bellevue Road from Grove Avenue to the MID Canal and south along Bellevue Road that captures the area shown in the alignment exhibit within the RFP. MCAG GIS data for the public road right of way will be used to supplement the aerial mapping. a) Establish ground-based aerial target panels at 18 locations. b) Perform field surveys to precisely locate all aerial target panels. c) Obtain nadir photography at an appropriate scale to develop aerial base mapping and orthophotography.
d) Post-process nadir photography to develop a DTM suitable for preparing 1-foot minor contours. e) Prepare planimetric base mapping from aerial photography at 1”=40’ scale. f) Perform ground-based field and office surveys as necessary to confirm accuracy of aerial mapping products.
g) Prepare orthorectified color mosaic background image with nominal 0.25-foot per pixel resolution.

Ground Infill Survey
a) Provide two (2) eight (8) hour days of a 2-person field crew and related office support for ground surveys to supplement aerial topographic mapping. Supplemental surveying will be on the same coordinate system as aerial mapping.

TASK DELIVERABLES:
 Digital copy of the topographic survey in AutoCAD Civil 3D 2020 format.

Bellevue Road Realignment
Atwater

1.2 Preliminary Geotechnical Engineering Services
Coordination and preliminary review
Crawford and Associates, Inc. (Cai) will make a site visit of the project and immediate adjacent areas to observe site features for comparison with geology shown on published maps and to help evaluate the presence of possible geologic hazards at the project site.
 Coordinate with the design team to review the preliminary plans and discuss the project design needs, goals, and schedule.
 Visit the site to determine and mark our boring locations for Underground Service Alert (USA).  Obtain the required boring permit.
 Schedule the drilling subcontractor, private utility locator and field staff.

Document Review and Evaluation
Cai will review the following:
 Caltrans log of test borings and foundation reports for the SR 99 and Westside Blvd Overcrossing structure and the SR 99 and Atwater Blvd Undercrossing structure;  MID Canal at Bellevue Road crossing soil information;  published geologic and fault maps of the site area;
 California Geological Survey publications regarding seismically induced ground accelerations at the site, and earthquake magnitudes for nearby faults;
 FEMA flood maps of the area (if available);
 nearby water well data available in the California Department of Water Resources database;  aerial photographs of the area; and
 United States Department of Agriculture web soil survey.

We will perform a general evaluation of the potential geologic/geotechnical design considerations for proposed roadway improvements using published data and based on our preliminary field explorations.

Subsurface exploration
For this preliminary phase, CAi will complete two to three auger borings to depths ranging from 25 to 35 ft deep between Grove Avenue to Atwater Canal. The auger borings will be used to determine the underlying soil and groundwater conditions for project planning. Additional borings will be required during future phases of the project to provide design level recommendations.

Our Engineer/Geologist will direct the sampling and log the borings. We will deliver the samples to the laboratory for testing. Visual soil classification will be performed on all samples. Auger locations will be backfilled per the environmental health permit requirements.

During our fieldwork we will observe and note the existing pavement surface conditions.

Bellevue Road Realignment
Atwater

Based on review of the alignment, we expect that the borings can be drilled within public right-of-way and traffic control with consist of shoulder closer with signs/cones (without flaggers).

Laboratory testing
Cai will perform laboratory tests on representative soil samples obtained from the exploratory borings which may include:
 Moisture Density;
 Grainsize analysis and plasticity index; and
 R-Value.

Preliminary Geotechnical/Materials Report
The report will include preliminary conclusions and recommendations for the roadway project elements associated with reconstruction/realignment consistent with current Caltrans guidelines/format. The Preliminary Geotechnical/Materials Report for this project phase will include the following.  Project and site description;
 Physical Setting (e.g., climate, topography & drainage);  Regional and local geology, and soil survey mapping;
 Summary of existing geotechnical explorations;
 Summary of subsurface exploration and subsurface conditions;  Existing pavement surface observations;
 Preliminary Infiltration rates based on borings and soil classifications;  Laboratory test results;
 Site Seismicity;
 Geologic/Geotechnical Considerations: Faulting, seismic ground motions, liquefaction, landslides and slope stability, land subsidence, compressible soil, expansive soil, flooding;  Structural pavement section recommendations;
 Preliminary conclusions regarding geological/geotechnical conditions at the project site with respect to proposed improvements;
 Recommended future exploration and laboratory testing;  Risk management and limitations;
 Vicinity and Site Map, Geologic Map, Soil Survey Map and Fault Map.  Site Plan with boring locations; and
 Boring logs with laboratory test results.

TASK DELIVERABLE:
 Preliminary Geotechnical/Materials Report

Engineering Manager
Project ManagerSr. Project EngineerDesign Engineer IIProject CoordinatorFEHR & PEERS GPAMONUMENT $267 $183 $158 $120 $91 Non-DBE DBE DBE

1.0 PROJECT ADMINSTRATION

1.1 Team Management/Coordination 24 24 16 64 $11,656.00 $0.00 $4,870.40 $0.00 $16,526.40

1.2 Meetings and Coordination 12 16 28 $5,732.00 $0.00 $6,721.68 $0.00 $12,453.68

1.3 Quality Management Plan 5 16 16 37 $6,791.00 $0.00 $0.00 $0.00 $6,791.00

1.4 Risk Register 8 16 24 $4,664.00 $0.00 $0.00 $0.00 $4,664.00 Subtotal Phase 1 49 16 72 0 16 153 $28,843.00 $0.00 $11,592.08 $0.00 $40,435.08

2.0 PERFORM INITIAL ENGINEERING ANALYSIS

2.1 Data Collection 24 24 48 $6,672.00 $0.00 $0.00 $0.00 $6,672.00

2.2 Identify Design Alternatives 4 24 80 108 $14,460.00 $0.00 $0.00 $0.00 $14,460.00

2.3 Order-Of-Magnitude Capital Cost Estimate 1 8 24 33 $4,411.00 $0.00 $0.00 $0.00 $4,411.00

2.4 Order-Of-Magnitude Right of Way Cost Estimate 1 8 16 25 $3,451.00 $0.00 $0.00 $0.00 $3,451.00

2.5 Stormwater Documentation 1 16 16 33 $4,715.00 $0.00 $0.00 $0.00 $4,715.00 Subtotal Phase 2 7 0 80 160 0 247 $33,709.00 $0.00 $0.00 $0.00 $33,709.00

3.0 TRAFFIC ENGINEERING PERFORMANCE ASSESSMENT (TEPA)

3.1 TEPA Assumptions and Methodology Memorandum 1 1 2 $425.00 $6,536.00 $0.00 $0.00 $6,961.00

3.2 Analyze Traffic Operations for Existing Conditions 1 1 2 $425.00 $12,135.00 $0.00 $0.00 $12,560.00

3.3 Forecast Travel Demand Volume 1 1 2 $425.00 $5,759.00 $0.00 $0.00 $6,184.00

3.4 Alternatives Development, Analysis and Refinement 1 1 2 $425.00 $5,759.00 $0.00 $0.00 $6,184.00

3.5 Traffic Engineering Performance Assessment (TEPA) 1 1 2 $425.00 $9,776.00 $0.00 $0.00 $10,201.00 Subtotal Phase 3 5 0 5 0 0 10 $2,125.00 $39,965.00 $0.00 $0.00 $42,090.00

4.0 MINI-PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT EQUIVALENT

4.1 Preliminary Investigations and Database Searches 1 1 2 $425.00 $0.00 $0.00 $0.00 $425.00

4.2 Mini-PEAR Equivalent 1 1 2 $425.00 $0.00 $39,148.08 $0.00 $39,573.08 Subtotal Phase 4 2 0 2 0 0 4 $850.00 $0.00 $39,148.08 $0.00 $39,998.08

5.0 PROJECT STUDY REPORT - PROJECT DEVELOPMENT SUPPORT (PSR-PDS)

5.1 Define Purpose and Need 2 4 8 14 $2,126.00 $0.00 $0.00 $0.00 $2,126.00

5.2 Supplemental Documentation 0 $0.00 $0.00 $0.00 $0.00 $0.00

5.2.1 Design Scoping Index 1 4 8 13 $1,859.00 $0.00 $0.00 $0.00 $1,859.00

5.2.2 Transporation Planning Scoping Information Sheet 1 4 8 13 $1,859.00 $0.00 $0.00 $0.00 $1,859.00

5.2.3 Survey Needs Questionnaire 1 4 8 13 $1,859.00 $0.00 $0.00 $0.00 $1,859.00

5.2.4 Division of Engineering Services (DES) Scoping Checklist 1 4 8 13 $1,859.00 $0.00 $0.00 $0.00 $1,859.00

5.3 PSR-PDS 16 40 60 116 $17,792.00 $0.00 $0.00 $0.00 $17,792.00 Subtotal Phase 5 22 0 60 100 0 182 $27,354.00 $0.00 $0.00 $0.00 $27,354.00

6.0 RIGHT-OF-WAY

6.1 Right of Way Cost Estimate and Data Sheet 1 1 2 $425.00 $0.00 $0.00 $5,920.00 $6,345.00 Subtotal Phase 6 20 0 53 84 0 2 $425.00 $0.00 $0.00 $5,920.00 $6,345.00 TOTAL HOURS 86 16 220 260 16 598
OTHER DIRECT COSTS $0.00 $0.00 $0.00 $160.00 $160.00
TOTAL COST $22,962.00 $2,928.00 $34,760.00 $31,200.00 $1,456.00 $93,306.00 $39,965.00 $50,740.16 $6,080.00 $190,091.16 Prime Consultant Certifying
Name: Ed Noriega Title: Division Manager
Signature: Date of Certification: 7/26/2022
Email: [email protected] Phone Number: (530) 848-1222 COST PROPOSAL FOR PROJECT SCOPE: City of Atwater - Bellevue Road Reconstruction/Realignment PSR-PDS TOTAL COST Total
Hours
Total MT
Cost
1