Atwater City Council
October 23, 2023

33 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
NAFG will continue to service all Sourcewell Members through our 24 hour a day, 7 days a week online portal with the exclusion of Non-Profits. Unfortunately, Non-Profits are often not eligible for the same discount’s government entities are qualified for. However, Non-Profits are subject to a different pricing program and will be evaluated on a case to case basis. * 34 Define any specific contract requirements or
restrictions that would apply to our participating
entities in Hawaii and Alaska and in US Territories.

The only possible logistical constraints we may face is the shipping constraints for shipments arriving in Alaska, Hawaii and US Territories. For example, we often provide members in Alaska or Hawaii with vehicles that often have upfits. To circumvent this potential issue, members allow us to add these extra shipping and port costs to their quotes.
*
Table 7: Marketing Plan
Line
Item Question Response *
35 Describe your marketing strategy for promoting
this contract opportunity.  Upload
representative samples of your marketing
materials (if applicable) in the document
upload section of your response.

National Auto Fleet Group encompasses a variety of marketing strategies to promote our products and services to streamline the vehicle purchasing process for government entities.   Below are a few strategies used to serve as the gateway between our business and public agencies.

Website and Inbound Marketing:  The creation of a professional customer-focused website is one of our main features to market our products and services. The NAFG website encourages our members to interact and browse through products offered along with pricing and information about National Auto Fleet Group. Inbound marketing is created when potential members are directed to the company website.  With this method, we are able to not only connect with members but to put the purchasing ability into the hands of each member.

Our inbound marketing strategy attracts members by creating valuable content and experiences tailored to the needs of each individual. Examples include email campaign flyers on our products, informative and how-to videos, social media and engaging members with top-notched customer service to build brand awareness.

Email Marketing: One of the main strategies used to engage current and potential members is Email Marketing. Our emails include different types of flyers that consist of information of the Sourcewell contract, promoting manufacturer brands, holiday themed flyers, discounts offered to first time buyers, important cutoff date reminders and upcoming products and events.

The use of marketing campaigns plays a major role in enhancing the growth of our client database.  Emails are a big part of our daily lives due to government agency employees utilizing emails as their main source of communication.  We use campaigner.com as the emailing platform to reach our target members.  Videos and descriptive images are used on all flyers and are compatible with a desktop or mobile device.  Messages are short and to the point with links leading to the Sourcewell and NAFG homepage.  The Campaigner email system allows the ability to track email activity based on open rate, unsubscribes and link clicks which is beneficial to understanding email effectiveness.

Once potential members are directed to our website, they are welcomed with a wide range of options to explore an array of our products and services. They are able to register to become a member, view pricing, explore available in-stock vehicles, view how-to-videos, build a vehicle online to request an immediate quote or use our live chat assistant or call/email for live support.

Face to Face Marketing Strategies:  This strategy has proven to be successful in generating leads and creating lasting relationships by developing genuine connections with prospective members.  National Auto Fleet Group attends several trades shows per year to engage members and put a face to the company. This in person meeting aids to build the brand by nurturing relationships between members and other vendors associated through the process.   Trade shows attended include GFX, IAPPO, NIGP, ACT, CAPPO, and CASBO throughout the United States.

NAFG has many opportunities to make in person presentations to propose products, services offered and to answer any questions potential members may have.  These PowerPoint Presentations include topics on NAFG/Sourcewell process, how to facilitate the vehicle purchasing without bidding, informational videos, and the brands and services we provide. These meetings have been held at local cities, counties, school districts, water districts and ports.

Relationship Marketing is a vital strategy used in building and maintaining long-term relationships practiced by National Auto Fleet Group on a daily basis.

NAFG strives to create a positive and supportive connection with members by providing personalized and responsive customer service practices.  The sales team has worked tirelessly to focus on providing outstanding customer support to create a powerful rapport with existing and new members.  By going above and beyond, they have enhanced existing relationships and executed customer loyalty with repeat businesses.

They strive to deviate from the “Car Salesperson” mentality which is 100% sales driven to a more product and customer service approach by instilling a sense of confidence in our clients.  The goal is to regularly assist clients and address any needs and concerns even after the purchase has occurred.  The strive to focus on solution selling vs. product selling develops into a mutually beneficial agreement for members and the business.

Below are a few examples on successful relationship marketing from our Fleet Department:

We had a member call in to request financing/lease options for a truck needed through our National Auto Fleet Group/Sourcewell vehicle contract.  I contacted another Sourcewell vendor, Matt Geiselhart from NCL Gov Capital and he was happy to assist with a financing quote.  The member also requested to trade in a current vehicle in their fleet and was directed to Govdeals for assistance in removing the outdated unit through an auction.   The member was able to utilize three Sourcewell contracts to complete his transaction which simplified the entire process.  The member was very satisfied with the amount of care and ease through his experience and became a repeat customer.   By utilizing a cross-selling strategy, National Auto Fleet Group became his one stop shop to fulfill all fleet vehicle purchasing needs. “I had a member call in desperate to obtain a new truck because an employee had gotten into a serious accident and had the truck totaled.    Due to covid restrictions, most manufacturers are currently experiencing microchip shortages which relays to production delays at the factory.  We were able to direct buyer to our instock inventory on the NAFG website and member was ecstatic to locate truck to meet their needs.   Instead of having to wait 30 weeks to receive the new vehicle, member was able to obtain the new truck within 3 weeks.”
*
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

“I once had a member contact us two years after purchasing a vehicle from us.   They had a malfunction with the liftgate on the box truck which caused a logistical nightmare.  I was able to contact one of our body vendors that upfitted the lift gate installation and a service technician was able to go onsite to resolve the liftgate issue at no additional cost.  The member was very impressed with the quality of our customer service even after purchase. “
“I had a member request a ¾ ton truck pricing but was unsure about their budget at the time.   I took the time to go through each option with the client to provide a Sourcewell pricing quote through multiple manufacturers from Ram, Chevrolet and Ford.  This empowered the member to have multiple pricing options for review to align with their budget as well as eliminating the need to shop anywhere else. “ “We work with many body companies to assist customers with the body upfitting process.   One of our members called in a request to expedite a particular vehicle that was held up at one of their local body upfitters.   I contacted the body company representative and put in a request to expedite the upfitting per request of the member.  The body company was able to comply with the request and delivery was made sooner than expected.”
Word-of-Mouth Marketing:  The positive quality of service has led to more sales based on previous customers’ impressions on their experience.  NAFG’s goal is to provide exemplary customer service throughout the entire purchasing process to encourage repeat business and advocate services to other members.  NAFG has been fortunate to experience multiple instances of leads generated based solely on word-of-mouth marketing though our existing customers.

Cross-promotion:  National Auto Fleet Group is currently collaborating with another Sourcewell Vendor, NCL Government Capital to promote each other’s products and services.  NCL Government Capital specializes in providing competitive equipment financing programs for municipalities and public education entities across the United States.  As a team, NCL and NAFG produced a variety of marketing materials such as videos, flyers and info graphs to promote purchasing and leasing opportunities.

Hoglund Bus Company is another cross-promotion vendor NAFG had the opportunity to create a partnership with.   Flyers were created to advertise Chassis from NAFG along with a variety of bus bodies from Hoglund Bus Company.

With cross-promotion, companies exchange knowledge and provide endorsements on websites, social media, and email campaigns.  This strategy creates an influx of new leads, brand awareness, increased sales and recurrence of customers.  National Auto Fleet Group will continue to create new partnerships and facilitate more cross-promotion opportunities in the near future to provide turnkey solutions for a variety of vehicle purchasing needs.

Coming in 2022, National Auto Fleet Group will be launching a NAFG Partner Website to further increase business growth.  The website www.nafgpartner.com is expected to launch next year in 2022.  The site encourages body upfitting companies throughout the United States to partner up with NAFG to become a preferred member.  The benefits of becoming a preferred member include endorsements on website and social media avenues along with word-of-mouth referral for clients with upfitting needs.  Our dedicated public relations representative will conduct phone and in person meetings to discuss the advantages of partnering up with NAFG, therefore generating more cross-promotion opportunities.

Members from government agencies are encouraged to go on the site to search for local body upfitting companies they are interested in working with.   As a prerequisite in becoming a preferred vendor, they are required to advertise NAFG and the Sourcewell contract on their business website and refer their clients to purchase their cab/chassis needs through NAFG.  This establishes a partnership that will generate increased sales all around.  We are still currently building the website and interacting with body companies across the United States that would be interested in partnering up with NAFG.

Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

36 Describe your use of technology and digital
data (e.g., social media, metadata usage) to
enhance marketing effectiveness.

Social media plays a crucial element in the way people communicate and connect with each other.

LinkedIn is the go-to platform used by NAFG as it offers a variety of ways to expand our network by locating and connecting with relevant professionals in the industry. National Auto Fleet Group has utilized LinkedIn to engage current and potential members through personalized messages and posts.  Personalized messages include thanking them for registering on site as well as directing them to on our link to the website, LinkedIn, YouTube, Facebook and Instagram company pages.  The goal is to unite with people already on our database as well as people that would benefit from our products and services.  Current flyers or messages about our company are also posted on the LinkedIn site to generate and attract more business.  Time is also spent on reading posts from connections and observe any needs that National Auto Fleet Group may assist with.

National Auto Fleet Group has begun utilizing video marketing strategies to further promote and market products by engaging on social media channels and email flyers.  Programs such as Vimeo, Video Scribe, Cartoon Animator, Adobe Animate, Illustrate, Captive, Photoshop and Movavi Video Editor Plus are employed to edit and create videos to assist in endorsing our company.  The following videos were recently created by our marketing department along with outside video production companies:

Explainer Video:  The first video created was a 90 second explainer video about National Auto Fleet Group that used animated characters to visualize our products and services along with information on the Sourcewell awarded contract.  The video has been incorporated into all our weekly email flyers and social media platforms as an informative video on our products and how to purchase vehicles off Sourcewell Government Contract.

How To Videos:  National Auto Fleet Group has also created step-by-step How-To videos on the process to purchase both Light Duty and Heavy-Duty vehicles off the contract.

In Stock Vehicles:  This video showcases our in-stock vehicles available and the process of requesting a quote.

ETA Tracking System:  This video was created to not only introduce but to encourage clients to self-track their vehicle status.

Holiday Themed Videos: These amusing videos were created to celebrate the holidays and add humor and lightness to our company and products sold.

Cross Promotion Video:  This video markets our relationship with NCL Government Capital and Sourcewell to endorse EV vehicles.

Videos for social media:  Mini videos were created to advertise new vehicles available, pricing and cutoff date reminders.

NAFG has recently introduced a newly built live chat feature on our website for customer convenience as well as improving customer service.  Visitors have access to chat with a live sales representative 24 hours a day, 7 days a week.  With this feature potential customers are provided with another avenue for assistance in addition to emailing and phone calls.  The benefits of a live chat option include quicker response time to assist buyers in reaching a purchasing decision and answer their questions.

Improving customer service will also lead to increased sales, customer loyalty and engagement.  Many studies have shown a strong correlation between live chat and increase in conversion rates.  Potential clients appreciate having their questions answered in real-time when trying to build a vehicle quote online and allowing the user to multi-task different projects.
*
37 In your view, what is Sourcewell’s role in
promoting contracts arising out of this RFP?
How will you integrate a Sourcewell-awarded
contract into your sales process?
Sourcewell’s mission states: “Our commitment to service and exceeding client expectations.”  This statement integrates with our relationship marketing strategy with our commitment to go above and beyond for all our members.  Sourcewell is a trusted brand that government entities can rely on to access a wide variety of products and services for their everyday needs.  With over 40 years of partnerships and relationship building, they are the glue that connects government, education, and nonprofit agencies to companies of all sizes to offer turnkey solutions to their needs.

Sourcewell is also a reliable resource for vendors by not only connecting with potential prospects but by providing valuable marketing materials readily available for download on their website.  Resources and tools provided include flyers, vendor training videos along with compliance information.

The Sourcewell brand integrates a thorough documentation review of all vendors prior to awarding their cooperative contracts to ensure products and services are from reputable vendors.  The brand provides a sense of legitimacy of our company name and members recognize that products and services are from reliable sources that will meet their needs.

Sourcewell’s aim is to simplify the purchasing and procurement process of government entities by eliminating the costly bidding procedure.  The process of researching the right vendor is not only stressful and timeconsuming but can be expensive as well.  Sourcewell has completed the bidding for government entities which simplifies the overall purchasing process by providing access to competitively bid contracts procured by a government agency.

Sourcewell has provided NAFG with overwhelming opportunities to work with government agencies across the United States.  The Sourcewell name represents a high standard of integrity and ethics which is a dynamic National Auto Fleet Group is proud to be part of.  Sourcewell members have access to a contract that is more flexible than the standard bidding process.  Sourcewell is an organization that aids government entities to stay competitive without the frustrations and issues involved with the traditional bidding process.  This contract can be customized to meet the unique needs of each client.  The sales team has incorporated not only this standard of integrity in their sales practice ensuring clients’ purchasing needs will always be met.

The cost savings and stress-free nature of the cooperative contracts favors that of the traditional bidding process.  It enables vendors to work with qualifying government entities in a more efficient manner.  We vow to maintain these levels of standards across the board throughout all departments within the company. *
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

38 Are your products or services available
through an e-procurement ordering process? If
so, describe your e-procurement system and
how governmental and educational customers
have used it.

Our website provides a hands-on empowering approach to ordering vehicles online.  Clients can search through many vehicles makes and models with the ability to customize a vehicle tailored to their specific needs of their agency.   A personalized quote with pricing can be available in as little as 5 minutes depending on the complexity of the vehicle.   If upfitting is needed, the buyer can list the details of the up-fit while building their vehicle on our website to receive a complete quote or a sales representative can be reached through phone, email or our new live chat feature built on our website.

We have recently created and uploaded a “How-To Videos” section on the homepage of our website which highlights a step-by-step process on how to build an online quote.  This informative video demonstrates how to navigate the website in how to generate a vehicle quote with or without upfitting options.  It begins by explaining how to register on our website as a member and then details on how to select vehicle model and type and the factory options needed.

Once a customized quote is built, clients have the option to finalize the sales transaction by submitting a purchase order to our sales team via email.  This gives complete autonomy to the client to purchase vehicles without the need to speak to a sales rep.  If assistance is needed, they can contact sales through email, live chat or phone.

If assistance is required to build a quote, our sales rep is also available to walk a client through the eprocurement process step by step.  This ensures someone is available to answer any questions if needed and empowering the client to make any future purchases on their own.  Clients may also call or email the needs of the company and receive a customized vehicle quote. *
Table 8: Value-Added Attributes
Line Item Question Response *
39 Describe any product, equipment,
maintenance, or operator training
programs that you offer to Sourcewell
participating entities. Include details, such
as whether training is standard or
optional, who provides training, and any
costs that apply.

National Auto Fleet Group extends any and all product, equipment, maintenance and operating programs provided by the Manufacturer directly to Sourcewell participating entities during the quoting process. The manufacturer will provide quotes to the member based on the vehicles class and size, and geographic location.

NAFG will always pass these quotes onto members and treat them like an upfit to the vehicle. * 40 Describe any technological advances that
your proposed products or services offer.

Technological accomplishments by Manufactures like Ford Motor Company and General Motors serve members by keeping many models available for members to choose from. Additionally, NAFG allows members the ability to choose to electrify their vehicle by opting into the Motive Power Systems we can still help supply this kind of an upfit. For more information, we have attached the product and pricing information within the “Upfits Available” and “All 15 Manufactures” ZIP files under the supporting documents portion of the application. *
41 Describe any “green” initiatives that relate
to your company or to your products or
services, and include a list of the
certifying agency for each.
. National Auto Fleet Group helped create the Climate Mayor Purchasing Collaborative by partnering with over 400 Mayors nationwide. This initiative was created for the benefit of members who wanted to create and sustain an all-electric fleet. We offer 100% purely electric vehicles your members to choose from. Some popular models include the Chevrolet Bolt, Ford Fusion, Ford Mustang Mach-E, as well as Ford’s all electric F-150. We are confident that as more OEM’s continue to manufacture new electric vehicles, we will provide them for members to select from. More information about this initiative can be found at www.Driveevfleet.org *
42 Identify any third-party issued eco-labels,
ratings or certifications that your company
has received for the equipment or
products included in your Proposal related
to energy efficiency or conservation, lifecycle design (cradle-to-cradle), or other green/sustainability factors.

NAFG has the California Air Resource Board (CARB) Certificate as well as the Ford Qualified Vehicle Modifier Certificate on file with some of our partner suppliers and upfitters hold these certifications and these certifications help illustrate how each vehicle conserves energy and remains energy efficient. *
43 Describe any Women or Minority
Business Entity (WMBE), Small Business
Entity (SBE), or veteran owned business
certifications that your company or hub
partners have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.

NAFG holds a current partnership with many suppliers some of which are veteran owed such as Pacific Truck Body located in CA. Our Ford, Chevrolet and Ram,Jeep,Dodge,Chrysler stores are jointly owned and operated by Minorities.
*
44 What unique attributes does your
company, your products, or your services
offer to Sourcewell participating entities?
What makes your proposed solutions
unique in your industry as it applies to
Sourcewell participating entities?
. National Auto Fleet Group was not only built on dedication and hard work, but also through quantifiable metrics that directly measure the results of our efforts to ensure real goals are being measured and met.

Through measuring results, NAFG takes responsibility in ensuring we deliver only the best customer care to your members. NAFG offers members 24 hour website access to customer support to personably walk members through any questions they may have. No matter what the issue may be, we always think outside the box to help members find a solution.
*
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line Item Question Response *
45 Do your warranties cover all products, parts, and labor? Each of the 15 manufactures we represent cover their own products, parts, and labor. All warranty information may be found in our attachments under the ZIP File “All 15 Manufactures”.
*
46 Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
Prior to purchase, members should be aware of each manufacturer’s restrictions. Such as improper use of the vehicle may result in disqualification of coverage under the OEM’s warranty. An example of this may be an F-350 being used for a police related pursuit, which may void certain warranties. Although, we always welcome and encourage members to contact us for their particular warranty coverage.
*
47 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs?
In some cases, manufacturers will tow a member’s vehicle to the nearest warranty repair facility in case of a breakdown and cover expenses, but prior approval is required. * 48 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a
certified technician to perform warranty repairs?  How will Sourcewell participating entities in these regions be provided service for warranty repair?
This may vary from manufacturer to manufacturer. Thus, we encourage members to call in prior to purchase and inquire about their specific region and how their warranty repairs will be covered with their manufacturer. *
49 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original
equipment manufacturer?
All warranties are typically passed on to the original equipment manufacturer and any upfit warranty will be passed on to the upfitter to perform. * 50 What are your proposed exchange and return programs and policies?
If a member changes their mind, NAFG will quickly make every effort to change or cancel the order with the factory. However, once the manufacturer begins producing the vehicle, there are no changes, exchanges, or refunds available. The order is then deemed non-cancellable.

This includes any upfit equipment an upfitter has ordered for the unit. *
51 Describe any service contract options for the items included in your proposal.

NAFG offers any and all manufacturer service contracts for all members. There are several parameters in which a service contract may be customizable. These customized service contracts will be treated as add factory options and following the same discount schedule provided in the pricing file.
*
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
52 Describe any performance standards or guarantees
that apply to your services
The only guarantee we can ever provide is the guarantee that we will treat and help every member that contacts with respect, integrity and professionalism. * 53 Describe any service standards or guarantees that
apply to your services (policies, metrics, KPIs, etc.)
NAFG and staff uphold high standards with how we provide service to the members, not only holding each other accountable but by embracing member feedback of how we can improve. Then we act upon it and implement improvements.
*
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
54 Describe your payment terms and accepted payment
methods?
Standard payment terms are Net 20, with a 10 – day grace period. * 55 Describe any leasing or financing options available for use by educational or governmental entities.
. In order to provide leasing or financing options, NAFG has partnered with National Cooperative Leasing to offer leasing terms for Sourcewell members for all NAFG quotes under the Sourcewell contract. For further review, we have attached a PDF called “NCL Sample Lease” in the “Member Walk Through” Zip file. *
56 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.

National Auto Fleet Group’s transaction process (Purchase Order) is closely tracked, well documented, and neatly organized to monitor each transaction performed through our Sourcewell Contract. This way, NAFG may produce swift and accurate quarterly reporting. *
57 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to
Sourcewell participating entities for using this process? Yes, NAFG accepts up to $2,500 per vehicle. However, any dollar amount higher than $2,500 will require a Pcard/ Credit Card transactional fee that would be passed onto the member * Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

Line
Item Question Response *
58 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.

National Auto Fleet Group is offering Line-Item Discounts Off Manufacture Suggested Retail Price for 15 manufacturers that is detailed in the Price File.

NAFG will also offer any Upfits to be added to any and all vehicles’ that members wish to add. Details are located on the Price Summary Page in the Price File. * 59 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

NAFG has an provided offerings from 15 Brands/OEMS and there respective percentage off vary and are detailed in the "Price File" zip Each Manufacture Range is detailed in the tabs below, here is an overview
Chevrolet from -.077 to 24.45 %
Ford Motor Company from -5.19 to 23.31 %
GMC from 6.14 to 22.45 %
Ram from 4.99 to 14.23 %
Dodge from 3.09 to 9.96 %
Jeep from 1.38 to 4.17 %
Chrysler from 1.65 to 4.55 %
Toyota from .03 to 8.98 %
Honda from 1.34 to 4.9 %
Nissan from -.085 to 14.61 %
Buick from 2.36 to6.08
Kia from .69 to 8.39 %
BMW from 3.8 to 4.77 %
Cadillac from 4.22 to 6.77 %
Volkswagen from 2.17 to 2.46 %
*
60 Describe any quantity or volume discounts or rebate programs that you offer.

If clients are considering an order of 150 or more units, we encourage members to contact us for any additional discounted quotes. *
61 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. “Open Market” products or “Sourced Goods” will be considered and treated as regular upfits. However, they may be quoted up to a 10% mark up, if applicable. * 62 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

All considerations have already been taken into account in its entirely. The Price Summary Page and Price Table contained in the price file includes all considered costs. Although if a member requested a specialized quote for a unique situation that requires special training, direction, or installation, the additional costs would be added as a part of the upfit and then included inside the member’s quote. *
63 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

All manufactures charge a standard “Factory Destination Charge”. However, that is separate from the freight/destination cost that members may incur to ship a vehicle to and from an installer, if applicable. These subsequent locational movements may bare additional freight costs that will be outlined within the members quote for their review prior to purchase.
*
64 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.

Freight, shipping, and delivery terms among these regions sometimes carry additional logistical charges for added ferry, port and driver costs from both to and from the mainland. These added costs will be disclosed on the quote for members to review and approve prior to purchase.
*
65 Describe any unique distribution and/or delivery methods or options offered in your proposal.

National Auto Fleet Group already has a well-established Automobile Franchise Distribution Network that allows for swift and relatively seamless delivery to members and their end users.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 66 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. NAFG Strives to offer the best overall value to the member with
each and every quote.

Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Table 13: Audit and Administrative Fee
Line
Item Question Response *
67 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

Sourcewell participating members are able to obtain proper pricing directly from our website, where they are able to use our user-friendly design to build and price their vehicles. The NAFG is updated daily to reflect updated manufacturer MSRP information. Our system will provide members with an accurate quote 99.99% of the time. In addition, NAFG has a stream line and organized process hat calculates administrative fees and allows NAFG to give a turnaround time of 15 – 30 days for quarterly reports.
*
68 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.

One of the internal metrics NAFG uses to track and measure success with the Sourcewell Contract is maintained through our website. Our website keeps a detailed log of quotes that members are generating. We oversee and keep track of how many quotes are being generated and which quotes are met with a purchase order. Every month we evaluate our sales indicators and closely monitor the volume and frequency of sales.

One example is by evaluating which members are purchasing from our platform – new members or frequent members to ensure we are growing our member base. We use these metrics to measure our projected growth rate and work to exceed our expectations.
*
69 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract.  This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
NAFG will submit $ 300 per vehicle purchased through NAFG and $ 200 per vehicle purchased though our partner dealer Alan Jay Automotive. For the purpose of an admin fee there are no other partner dealer groups considered. *
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
70 Provide a detailed description of the equipment,
products, and services that you are offering in your
proposal.

NAFG has provided a “Model Roll Out” Charts in the “Price File” zip, but of the 15 manufacturers we represent, they have over 100 makes and models for members to choose from that range from Class 1-3 and supporting Class 4 Cab and Chassis trucks. NAFG’s platforms can add any upfit of their choosing, ranging from toolboxes to Line Mechanic Bodies. Any and all upfits can be added to any one of our vehicles through one of our upfit partner suppliers or by an upfit supplier of the members choosing. NAFG and the supplier will work together to supply members with turnkey quotes. *
71 Within this RFP category there may be subcategories
of solutions. List subcategory titles that best describe your products and services.

National Auto Fleet Group lists the makes and models of all 15 manufacturers we represent under the ZIP File “All 15 Manufactures”.  These 15 OEMs make up over 100 combined makes, models, and engine combinations for members to select from along with several subtitle “Upfits” detailed for members in the price file.
*
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Category or Type Offered * Comments
72 Automobiles Yes
No
15 Manufacturers totaling well above 700
makes and models
73 Sport Utility Vehicles Yes
No
15 Manufacturers totaling well above 700
makes and models
74 Vans Yes
No
15 Manufacturers totaling well above 700
makes and models
75 Trucks Yes
No
15 Manufacturers totaling well above 700
makes and models
76 Vehicles described in Lines 72-75 above for Public Safety applications
Yes
No
15 Manufacturers totaling well above 700
makes and models
77 Conventional internal combustion models Yes
No
15 Manufacturers totaling well above 700
makes and models
78 Natural gas or propane autogas, hybrid, or alternative fuel models
Yes
No
15 Manufacturers totaling well above 700
makes and models
79 Electric powered models Yes
No
15 Manufacturers totaling well above 700
makes and models
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 80. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.

Contract Section Term, Condition, or Specification Exception or Proposed Modification

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.”
Pricing - NAFG Price File for Bid 091521.zip - Monday September 13, 2021 19:29:27 Financial Strength and Stability - Market Success and Financial Stability.zip - Monday September 13, 2021 19:30:12 Marketing Plan/Samples - Marketing Plan Compressed.zip - Tuesday September 14, 2021 11:38:30 WMBE/MBE/SBE or Related Certificates - Insurance and Related Documents.zip - Tuesday September 14, 2021 11:40:18 Warranty Information - Warranties RFP 091521.zip - Tuesday September 14, 2021 11:40:36 Standard Transaction Document Samples - Standard Transaction.zip - Monday September 13, 2021 19:54:48 Upload Additional Document - ALL 15 Makes and Upfits.zip - Tuesday September 14, 2021 11:35:54 Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Addenda, Terms and Conditions

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:

1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.

2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.

3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.

5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.

6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.

7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.

8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety.

Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.

11. Proposer its employees, agents, and subcontractors are not:

1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.

By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jesse Cooper, Fleet Manager, 72 Hour LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_6_ Autos_SUVs_Vans_Trucks_RFP_091521
Wed September 8 2021 06:27 PM 1
Addendum_5_ Autos_SUVs_Vans_Trucks_RFP_091521
Tue September 7 2021 07:28 PM 2
Addendum_4_ Autos_SUVs_Vans_Trucks_RFP_091521
Thu August 26 2021 05:55 PM 1
Addendum_3_ Autos_SUVs_Vans_Trucks_RFP_091521
Mon August 23 2021 09:47 AM 1
Addendum_2_ Autos_SUVs_Vans_Trucks_RFP_091521
Sun August 8 2021 09:02 PM 1
Addendum_1_ Autos_SUVs_Vans_Trucks_RFP_091521
Thu August 5 2021 03:58 PM 1
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
-82:1547Ā.7;36893Ā0-)Ā,/"%+!#+Ȁ&+ (Ȁ$'+,Ȁ+'%-Ȁ/!*&*&! $/-*

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 23, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Christina Thurman, Executive Assistant
SUBJECT: Approving On-Call Professional Services Agreements with various consultants for As-Needed Planning Services (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Approves Professional Services On-Call Master Agreements, in a form approved by the City Attorney, with 4LEAF, Inc. of Pleasanton, California, Interwest of Fresno, California, and Precision Civil Engineering, Inc. of Fresno, California, for As-Needed planning services, in an amount not to exceed $200,000 per Task Order; and authorizes and directs the City Manager, or her designee, to execute the Agreements on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

As the City of Atwater continues to grow, and with limited in-house resources for some technical expertise, some services may be provided by a consultant or an outside vendor. The Community Development Department, from time to time, is in need of assistance in the following areas:
• Planning Services
On August 24, 2023, staff released a formal Request for Qualifications (RFQ’s) for AsNeeded Planning Services. The purpose of the request was to seek relationships and contracts for services with companies with the qualifications and requirements identified in the RFQ.

Submittals were due September 28, 2023, and the City received four Statement of Qualification submittals. A selection panel of Public Works Director, Deputy City Manager/Community Development Director and administrative staff reviewed the

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

Statements of Qualifications received under the published request using a qualifications based selection process in determining which consultants to contract with on an "AsNeeded basis". These services will be on-call requests for various projects within the City of Atwater through the On-Call Master Agreements. The contracts will be for a period of three years, with an option of two (2) one-year extensions.

ANALYSIS:

The Master Agreements will allow the City to request the services of the retained Consultants on an individual project basis as the need arises. Prior to any work completed under the Master Agreements, the City will solicit a proposal for a specific scope of service from the retained consultants. Proposals will be evaluated based on scope, understanding and schedule. The successful proposal will be given a Task Specific Professional Services Agreement executed by the Consultant and the City once the cost fee has been negotiated.

The Master Agreements with the selected consultants will not limit the City’s ability to seek other proposals for professional services that, at the City’s sole discretion, are outside the scope, ability or availability of the currently retained consultants. The purpose of the Master Agreement arrangement is for the convenience of the City for the projects that are routine and general in nature. For specialized projects, the City may still seek a project specific RFQ.

Consultants shall provide professional as-needed planning services that would include, but are not limited to, the ability to perform the following:
• As required, be present at City Hall and hold regular office hours as agreed upon by staff and consultants (a minimum of two days per week, e.g. Mondays and Wednesdays)
• Develops and maintains good working relationships with other city departments, other jurisdictions, and the public.
• Analyze projects for compliance with the City’s General Plan, zoning ordinance, Municipal Code, California Environmental Quality Act (CEQA), Subdivision Map Act, Design Guidelines, applicable specific plans and other policies. • Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments. • Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
• Meets with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, pre-applications, development applications, feasibility analysis, conceptual development plans and code interpretation. • Preparation of initial studies, draft environmental impact reports (EIRs), responses to comments/final EIRs, (mitigated) negative declarations, addenda to previous environmental documents, subsequent/supplemental EIRs, mitigation

Agenda Report - Page 3

measures, mitigation monitoring and reporting programs, notices, and exemptions.
• Issue-specific environmental studies (e.g., biological resources, transportation/traffic analysis, cultural and historic resources). • Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, public notices, and give oral presentations. • Attend Commission and City Council meetings, public hearings and community meetings as necessary.
• Conduct site visits, when necessary.
• Analyze projects for CEQA compliance.
• Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects).
• Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget. • Answer public inquiries by telephone, mail or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc.
• Facilitation of special projects.

Consultants shall provide professional services to the City of Atwater on an as-needed basis (on-call). The examples of the types of projects that may require professional services under this On-Call Master Agreement may include but are not limited to: Plan Checks, CEQA compliance, Environmental review and analysis, Environmental Studies, Land Use Permits, Zoning and Variance related inquires/modifications, and Staff Augmentation.

II. FISCAL IMPACTS:

As an on-call contract, funding is subject to appropriation in the current FY 23-24 and future fiscal year budgets in various funds to be determined, as planning needs for projects arise. Task orders to consultants to complete work under these contracts will be issued only when the necessary funds are available and appropriated.

Award of an on-call contract does not guarantee any set level of expenditure until a task order is issued.

III. LEGAL REVIEW:

This item has been reviewed and approved by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's Strategic Plan: to ensure

Agenda Report - Page 4

the City's continued financial stability.

V. ALTERNATIVES:

N/A.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed internally by all department heads.

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 environment, pursuant to Public 21065Resources physical change in the Code section
IX. STEPS FOLLOWING APPROVAL:

Upon approval by City Council, the Professional Services Agreements will be executed and processed per City policies and procedures.

Submitted by:

Greg Thompson, Deputy City Manager/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. 4LEAF, Inc On-Call As-Needed Planning Services PSA

2. Interwest On-Call As-Needed Planning Services PSA

3. Precision Civil Engineering On-Call for As-Needed Planning Services

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 1 of 16

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND 4 LEAF, INC. (PROFESSIONAL)
THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and 4 LEAF, Inc., a California “C” corporation , (“Professional”) as of October 24, 2023 (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, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. 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 Effective Date noted above and shall end on October 24,2026. 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 2 of 16
Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 3 of 16

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. 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. None.

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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 4 of 16
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 TWO MILLION DOLLARS ($2,000,000) 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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 5 of 16
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.

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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, 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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, Inc. Page 7 of 16
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.

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;

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and 4 Leaf, 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.

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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 180 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, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an

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extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this 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

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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, 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.

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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 the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Kevin J. Duggan, President
2126 Rheem Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to:

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, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T Task Order Example

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

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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 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]

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

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Kevin J. Duggan, President
Attest:
____________________________
Kory J. Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between October 24, 2023 City of Atwater and 4LEAF, Inc. Page 1 of 2

EXHIBIT A

SCOPE OF WORK
The as-needed planning services that would be provided include, but are not limited to the ability to perform the following:
• As required, be present at City Hall and hold regular office hours as agreed upon by staff and Consultant (a minimum of two days per week, e.g. Mondays and Wednesdays) • Develops and maintains good working relationships with other city departments, other jurisdictions, and the public.
• Analyze projects for compliance with the City’s General Plan, zoning ordinance, Municipal Code, California Environmental Quality Act (CEQA), Subdivision Map Act, Design Guidelines, applicable specific plans and other policies.
• Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments.
• Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
• Meets with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, preapplications, development applications, feasibility analysis, conceptual development plans and code interpretation.
• Preparation of initial studies, draft environmental impact reports (EIRs), responses to comments/final EIRs, (mitigated) negative declarations, addenda to previous environmental documents, subsequent/supplemental EIRs, mitigation measures, mitigation monitoring and reporting programs, notices, and exemptions.
• Issue-specific environmental studies (e.g., biological resources, transportation/traffic analysis, cultural and historic resources).
• Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, public notices, and give oral presentations. • Attend Commission and City Council meetings, public hearings and community meetings as necessary.
• Conduct site visits, when necessary.
• Analyze projects for CEQA compliance.

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• Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects). • Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget. • Answer public inquiries by telephone, mail or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc. • Facilitation of special projects.

Exhibit B to Professional Services Agreement between October 24, 2023 City of Atwater and 4LEAF, Inc. Page 1 of

EXHIBIT B

FEE SCHEDULE
SECTION 5: FEE SCHEDULE
FY2023-2024 FEE SCHEDULE & BASIS OF

CHARGES
For the City of Atwater
All Rates are Subject to Basis of Charges

SPECIAL PLANNING
Environmental Review (Water, Transportation) ........................................ .....................................$185/hour
Environmental Planning.............................................................................. .....................................$170/hour
Special Projects ........................................................................................... .....................................$195/hour
Environmental Review................................................................................ .....................................$185/hour

STAFF RATES
Housing Policy Director .................................................................................................................... $220/hour
Planning Director .............................................................................................................................. $210/hour
Principal/Planning Manager ............................................................................................................. $175/hour
Senior Planner .................................................................................................................................. $165/hour
Associate Planner ............................................................................................................................. $145/hour
Assistant Planner ............................................................................................................................. $120/hour
Planning Technician ......................................................................................................................... $95/hour
Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel.

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BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work is subject to a 4-hour minimum charge unless stated otherwise.

Services billed in 4-hour increments.
• 4LEAF assumes that these rates reflect the FY2023-2024 contract period. 3% escalation for FY2024-2025, FY2025-2026, FY2026-2027 and is negotiable per market conditions. • Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate. - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate. - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of the services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular time rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
• If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
- If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required.

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ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND INTERWEST (PROFESSIONAL)
THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Interest, Inc., a California corporation, (“Professional”) as of October 24, 2023 (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, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. 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 Effective Date noted above and shall end on October 24,2026. 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.

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Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict 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.

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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. 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. None.

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

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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 TWO MILLION DOLLARS ($2,000,000) 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

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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.

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.

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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

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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.

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;

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▪ 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.

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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.

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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 180 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, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an

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extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this 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

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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, 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.

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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 the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Paul Meschino, President
1171 West Shaw Avenue, Suite 102
Fresno, CA 93839
Any written notice to City shall be sent to:

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, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T Task Order Example

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

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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 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]

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

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Paul Meschino, President
Attest:
____________________________
Kory J. Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between October 24, 2023 City of Atwater and Interwest Page 1 of 2

EXHIBIT A

SCOPE OF WORK
The as-needed planning services that would be provided include, but are not limited to the ability to perform the following:
• As required, be present at City Hall and hold regular office hours as agreed upon by staff and Consultant (a minimum of two days per week, e.g. Mondays and Wednesdays) • Develops and maintains good working relationships with other city departments, other jurisdictions, and the public.
• Analyze projects for compliance with the City’s General Plan, zoning ordinance, Municipal Code, California Environmental Quality Act (CEQA), Subdivision Map Act, Design Guidelines, applicable specific plans and other policies.
• Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments.
• Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
• Meets with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, preapplications, development applications, feasibility analysis, conceptual development plans and code interpretation.
• Preparation of initial studies, draft environmental impact reports (EIRs), responses to comments/final EIRs, (mitigated) negative declarations, addenda to previous environmental documents, subsequent/supplemental EIRs, mitigation measures, mitigation monitoring and reporting programs, notices, and exemptions.
• Issue-specific environmental studies (e.g., biological resources, transportation/traffic analysis, cultural and historic resources).
• Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, public notices, and give oral presentations. • Attend Commission and City Council meetings, public hearings and community meetings as necessary.
• Conduct site visits, when necessary.
• Analyze projects for CEQA compliance.

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• Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects). • Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget. • Answer public inquiries by telephone, mail or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc. • Facilitation of special projects.

Exhibit B to Professional Services Agreement between October 24, 2023 City of Atwater and Interwest Page 1 of 2

EXHIBIT B

FEE SCHEDULE
Hourly Rates
Effective July 17, 2023
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics, or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Rates are inclusive of all direct and indirect costs, fees and overhead.

Hourly Rate
Community Development Director..........................................................................................$215 Planning Manager ...................................................................................................................$190 Principal Planner.......................................................................................................................$175 Senior Planner..........................................................................................................................$160 Associate Planner.....................................................................................................................$130 Assistant Planner......................................................................................................................$105 Planning Technician...................................................................................................................$85

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 1 of 16

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND PRECISION CIVIL ENGINEERING, INC (PROFESSIONAL) THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Precision Civil Engineering, Inc., a California corporation, (“Professional”) as of October 24, 2023 (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, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. 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 Effective Date noted above and shall end on October 24,2026. 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 2 of 16 Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 3 of 16

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. 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. None.

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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 4 of 16 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 TWO MILLION DOLLARS ($2,000,000) 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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 5 of 16 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.

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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 7 of 16 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.

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;

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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 180 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, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 11 of 16 extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this 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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 12 of 16 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, 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.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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 the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 14 of 16

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

Edward Dunkel, President
1234 O Street
Fresno, CA 93721
Any written notice to City shall be sent to:

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, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T Task Order Example

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

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc Page 15 of 16 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 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]

On-Call Master Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, 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 Edward Dunkel, President
Attest:
____________________________
Kory J. Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc. Page 1 of 2

EXHIBIT A

SCOPE OF WORK
The as-needed planning services that would be provided include, but are not limited to the ability to perform the following:
• As required, be present at City Hall and hold regular office hours as agreed upon by staff and Consultant (a minimum of two days per week, e.g. Mondays and Wednesdays) • Develops and maintains good working relationships with other city departments, other jurisdictions, and the public.
• Analyze projects for compliance with the City’s General Plan, zoning ordinance, Municipal Code, California Environmental Quality Act (CEQA), Subdivision Map Act, Design Guidelines, applicable specific plans and other policies.
• Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments.
• Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
• Meets with developers, engineers, property owners, contractors and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, preapplications, development applications, feasibility analysis, conceptual development plans and code interpretation.
• Preparation of initial studies, draft environmental impact reports (EIRs), responses to comments/final EIRs, (mitigated) negative declarations, addenda to previous environmental documents, subsequent/supplemental EIRs, mitigation measures, mitigation monitoring and reporting programs, notices, and exemptions.
• Issue-specific environmental studies (e.g., biological resources, transportation/traffic analysis, cultural and historic resources).
• Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, public notices, and give oral presentations. • Attend Commission and City Council meetings, public hearings and community meetings as necessary.
• Conduct site visits, when necessary.
• Analyze projects for CEQA compliance.

Exhibit A to Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc. Page 2 of 2 • Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects). • Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget. • Answer public inquiries by telephone, mail or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc. • Facilitation of special projects.

Exhibit B to Professional Services Agreement between October 24, 2023 City of Atwater and Precision Civil Engineering, Inc. Page 1 of 2

EXHIBIT B

FEE SCHEDULE
Hourly rates for all positions and classifications of individuals that may be involved are provided below for PCE as identified in this SOQ. Invoices will include sub-consultants' costs as a flat rate scoped in advance, if needed for CEQA analysis. PCE will bill for services rendered at the beginning of each month. For larger projects, PCE will provide the City with a not to exceed amount with a proposed scope prior to initiating a project. For small projects and tasks, PCE will bill the hourly rates noted below.

Position Hourly Rate
Planning Division Manager $ 200
Senior Planner $ 155
Senior Associate Planner $ 135
Assistant Planner/Associate Planner $ 115

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 23, 2023
TO: Mayor and City Council
FROM: Blaine Lopes, Battalion Chief - Fire Marshall

PREPARED
BY:

Blaine Lopes, Battalion Chief - Fire Marshall
SUBJECT: Acknowledging Receipt of 2023 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Lopes)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3432-23 acknowledging receipt of 2023 annual City of Atwater Fire Inspection Compliance Report as mandated by California Senate Bill 1205.

I. BACKGROUND/ANALYSIS:

After the devastating Ghost Ship Fire in Oakland, the California Senate put forth Senate Bill 1205 (Attachment A). This Bill was approved by the Governor on September 27, 2018 and added to §13146.4 of the California Health and Safety Code.

Existing law requires the Fire Chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided. Senate Bill 1205 requires every city or county fire department or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department's or district's compliance with the above described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document.

During 2023, the City’s Fire Department conducted inspections on 15 of the 15 Group E Occupancies (public or private schools), 223 of the 223 Group R Occupancies (hotels, apartments, and certain residential care facilities) and 21 of the 21 Group A Occupancies (assemblies and churches) within the City. A record of the inspections for calendar year 2023 comprise the City of Atwater Fire Inspection Compliance Report that is attached as Exhibit “A” to the resolution. This will bring the City into compliance with SB 1205 for calendar year 2023.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

II. FISCAL IMPACTS:

The City charges a fee for fire inspections in accordance with the current City of Atwater Miscellaneous Fee Schedule. All anticipated revenue generated from annual inspections are captured in the Fiscal Year 2023-24 Budget.

There is no fiscal impact associated with the City Council acknowledging the annual City of Atwater Fire Inspection Compliance Report. 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:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

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:

The annual City of Atwater Fire Inspection Compliance Report will be filed in the City Clerk’s Office and will be made available to the State or the public upon request. In accordance with SB 1205, this will continue to be an annual process.

Submitted by: /s/ Blaine Lopes, CAL FIRE Battalion Chief Approved by:

Lori Waterman, City Manager

Agenda Report - Page 3

Attachments:

1. Resolution 3432-23 SB 1205 Compliance Report

2. Exhibit A - 2023 SB 1205 Compliance Report

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3432-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ACKNOWLEDGING RECEIPT

OF ANNUAL CITY OF ATWATER FIRE

INSPECTION COMPLIANCE REPORT
WHEREAS, California Senate Bill 1205 was passed and signed by the Governor of California in September of 2018 adding California Health and Safety Code Section 13146.4, which outlines the criteria for State Mandated Inspections and reporting; and WHEREAS, the California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with State Mandated Inspections; and WHEREAS, the Fire Department has identified 259 occupancies that are State Mandated for annual reporting; and
WHEREAS, the Fire Department completed 259 of the 259 State Mandated Inspections for 2023; and
WHEREAS, the City Council has discussed and acknowledged receipt of the City of Atwater Fire Inspection Compliance Report in standard with California Health and Safety Code Section 13146.4.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby acknowledge the receipt of the City of Atwater Fire Inspection Compliance Report, attached herein as Exhibit “A”, as outlined in California Health and Safety Code Section 13146.4.

The foregoing resolution is hereby adopted this 23rd day of October 2023.

AYES:

NOES:

ABSENT:

Resolution No. 3432-23 Page 2
APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

EXHIBIT ”A”

ATWATER CITY FIRE
699 BROADWAY AVE.

ATWATER, CA 95301
(209) 209-357-6352
City of Atwater S/B 1205 Fire Inspection Compliance
Report Calendar Year 2023

APARTMENTS
Total Apartments – 221
Completed in 2023 – 221
Percentage – 100%
Compliance – 202

SCHOOLS
Total Schools – 15
Completed in 2023 – 15
Percentage – 100%
Compliance – 14

ASSEMBLIES
Total Assemblies – 21
Completed in 2023 – 21
Percentage – 100%
Compliance – 21
HOTELS
Total Hotels - 2
Completed in 2023 - 2
Percentage – 100%
Compliance – 2

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 23, 2023
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57,
Pertaining to Certain Terms and Conditions of Employment of the Mid-Managers Group, Relating to Safety Members and Adopting Salary Schedule B-24, Effective October 26, 2023, Relating to the Police Lieutenant Classification (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3437-23 Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, Pertaining to Certain Terms and Conditions of Employment of the Mid-Managers Group, Relating to Safety Members, and Authorizing and Directing the City Manager to Execute the Agreement on Behalf of the City, and Adoption of Resolution No. 3438-23 Adopting Salary Schedule B-24, Effective October 26, 2023, Relating to the Police Lieutenant Classification.

I. BACKGROUND/ANALYSIS:

The City of Atwater (“City”) and the American Federation of State, County, and Municipal Employees, Local 2703, Council 57 (“AFSCME”) entered into its most recent Memorandum of Understanding (MOU) with an effective date of July 1, 2022. The term of the current MOU expires on June 30, 2027.

Shortly after the approval of the Atwater Police Officers' Association (APOA) contract in June 2023, AFSCME approached the City to re-open the Mid-Manager's Group contract regarding salary compaction issues in relation to the Police Lieutenant classification.

The City’s negotiating team and AFSCME representatives met and conferred in good faith and reached an agreement. Staff is now seeking ratification by the City Council.

The proposed side letter includes language changes to Article 7, Section 7.2 of the current MOU in relation to general business hours; Article 8, Section 8.4 in relation to holidays; the addition of Article 9, Section 9.11 in relation to educational incentives for

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

safety members; and a language change to Article 23 in relation to the definition of Safety Member. All proposed language changes are in red and underlined in Exhibit A of Resolution 3437-23.

The adopted Fiscal Year 2023-24 Budget funded various personnel changes, including a four percent (4%) Cost of Living Adjustment (COLA) and a nine percent (9%) equity adjustment to all sworn classifications in the police department per an agreement reached with the APOA.

The Police Lieutenant classification is a sworn position in the police department and currently resides in the Mid-Management Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57. The Police Lieutenant classification received a four percent (4%) COLA in July 2023 per the current Memorandum of Understanding (MOU) with AFSCME. Resolution No. 3438-23 facilitates an equity adjustment of nine (9%) to the Police Lieutenant classification to correct compaction issues related to the APOA’s contract approval in June 2023. Per the agreement reached with AFSCME, the Police Lieutenant’s salary shall be retroactive to July 1, 2023, to coincide with the APOA’s total salary adjustment received with the adoption of the new contract effective July 1, 2023.

II. FISCAL IMPACTS:

The amended Salary Schedule increases expenditures in fund 0001-2020-0001 by approximately $45,219, which includes salary and benefits.

This item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Human Resources Director has worked closely with the City Manager’s Office to present this item 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

Agenda Report - Page 3

employment agreements would 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 approval of the side letter agreement, staff will route the agreement for signatures and begin the implementation process.

Submitted by:

Jana Sousa, Human Resources Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3437-23 Approving and Ratifying Side Letter Agreement with AFSCME Relating to Safety Members 10.23.23

2. Resolution No. 3438-23 Adopting Salary Schedule B-24 10.23.23

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3437-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AND

RATIFYING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY

OF ATWATER AND THE AMERICAN

FEDERATION OF STATE, COUNTY, AND

MUNICIPAL EMPLOYEES (AFSCME), LOCAL
2703, COUNCIL 57, PERTAINING TO CERTAIN

TERMS AND CONDITIONS OF EMPLOYMENT OF

THE MID-MANAGERS GROUP, RELATING TO
SAFETY MEMBERS; AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE

THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the American Federation of State, County, and Municipal Employees (“AFSCME”) represents sworn and unsworn employees of the City of Atwater (“City”); and WHEREAS, the terms of the current Memorandum of Understanding (“MOU”) between the City and AFSCME expire on June 30, 2027; and
WHEREAS, City representatives have in good faith met and conferred with representatives of the AFSCME bargaining unit regarding certain terms and conditions of employment and have reached an agreement relating to safety members; and

WHEREAS, on October 13, 2023, the City received notification from AFSCME that the Mid-Management Group is in agreement with ratification of the attached Side Letter Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and ratify the AFSCME Side Letter, EXHIBIT “A,” attached hereto and made a part herein.

Resolution No. 3437-23 Page 2
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions, corrections, or alterations to the text of the Agreement described in “Exhibit A” to correct typographical errors so long as it does not substantively change content.

BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager to sign any documents and to take any necessary measures required to implement the provisions of the AFSCME Side Letter Agreement upon review of the City Attorney.

The foregoing resolution is hereby adopted this 23rd day of October 2023.

AYES:

NOES:

ABSENT:

APPROVED:

_______________________________

MIKE NELSON, MAYOR
ATTEST:
_____________________________
KORY J. BILLINGS, CITY CLERK

EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN THE CITY OF ATWATER (“CITY”) AND

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (“AFSCME”), LOCAL 2703, COUNCIL 57, PERTAINING TO CERTAIN TERMS AND

CONDITIONS OF EMPLOYMENT OF THE MID-MANAGERS GROUP, RELATED TO

SAFETY MEMBERS
The City and AFSCME have reached an agreement concerning certain matters pertaining to terms and conditions of employment relating to Safety Members covered under the Mid-Managers Group Memorandum of Understanding (MOU). Unless otherwise specified in this agreement, these terms and conditions shall be effective October 23, 2023, and integrated into the existing MOU as follows:

Section 7.2: Scheduling
A. Employees in the Group are recognized as an “Exempt Employee” for purposes of the Fair Labor Standards Act of 1938 (“FLSA”) and as such shall work the City’s general business hours. Monday through Friday, 8:00 AM to 5:00 PM. Employee’s in this group shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the cities duties of the positions in this Group, unless otherwise provided in this MOU.

Public Works supervisors generally shall work the same business hours as the Public Works Schedule in the Miscellaneous Unit MOU, Section 7.3, currently:
• Summer Hours (first Monday in May) 6:00 AM to 2:30 PM • Winter Hours (first Monday in October) 6:30 AM to 3:00 PM B. Employee workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be subject to Section 9.1. If an employee requests a change in his/her work schedule, the change must be requested and received from their department head and the City Manager authorizing an alternate work schedule. Approvals shall be on a case-bycase basis.

C. General Business hours do not apply to Safety Members.

Section 8.4: Holidays
A. General Rules

1. Regular Full-Time employees and Reduced Hour Employees who are scheduled to work a minimum of thirty (30) hours per week as set forth on their Personnel Action Form shall be paid for holidays as set forth in this Section.

2. A holiday falling within a vacation period shall not constitute a vacation day.

3. A holiday occurring while an employee is on sick leave shall not count against the employee’s sick leave credits.

4. When a holiday falls on a Saturday, the holiday shall be observed the previous Friday.

5. If December 25th and January 1st fall on a Saturday, they will be observed the previous Friday and December 24th and December 31st will be observed on the previous Thursday, Likewise, if December 25th and January 1st fall on a Sunday, they will be observed the following Monday and December 24th and December 31st will be observed the previous Friday.

6. When a holiday falls on a Sunday, it will be observed on the following Monday.

7. An employee scheduled to work a minimum of five (5) hours on a City observed holiday hall flex/trade the holiday for another workday within the same work week.

8. Employees who are out of work and are: on no-pay status, an approved leave of absence, receiving Short- or Long-Term Disability pursuant to Section 8.7, or are receiving Workers’ Compensation benefits pursuant to Section 9.2 are not entitled to Holiday pay.

9. Safety Members are not subject to any of the provisions related to holidays.

Instead, each pay period these employees earn a pro-rata portion of an annual formulated amount of holiday pay. The annual total is one-hundred twelve (112) hours per year which represents fourteen (14) holidays at eight (8) hours per day. Holiday pay hours shall be paid over twenty-four (24) pay periods. Holiday pay shall be reported to CalPERS (statutory reporting) in the pay period earned.

Section 9.11: Educational Incentive – Safety Members
A. Two and one-half percent (2.5%) added to base salary for employees who possess either:

1. An Associate of Arts Degree or an Associate of Science Degree; or

2. A Peace Officer Standards and Training (POST) Intermediate Certificate.

OR
B. Five percent (5%) added to base salary for employees who possess either:

1. A Bachelor of Arts Degree or a Bachelor of Science Degree; or

2. A POST Advanced Certificate
This educational incentive shall apply on the first day of the first pay period after the Safety Member has completed one (1) full year of employment with the Atwater Police Department and provides the certificate to the Human Resources Department.

ARTICLE 23: DEFINITIONS
The words and terms defined in this Section shall have the following meanings. Any term not defined herein which is defined in the MMBA shall have the meaning set forth therein.

A. “Bargaining Unit” shall mean a unit of Regular status City employees for the purposes of representation in employer-employee relations matters.

B. “Business Agent” shall mean the person designated by the Certified Employee Organization to represent the Certified Employee Organization and the employees in the Mid-Management Unit with respect to wages, hours, terms and conditions of employment.

C. "Certified Employee Organization" shall mean an employee organization which has been recognized for representation purposes pursuant to the procedures set forth in Resolution No. 2581-10.

D. "City" shall mean the City of Atwater, a political subdivision of the State of California, and where appropriate in this MOU, "City" refers to the City Council and/or City Manager.

E. "City Council" shall mean the City Council of the City of Atwater.

F. "City Manager" shall mean the administrative head of the government of the City appointed by the City Council. Powers, rights, and duties of the City Manager established in this MOU may be delegated by the City Manager, in his/her sole discretion to another City employee.

G. "Confidential Employee" shall mean any non-exempt employee who has access to confidential information contributing significantly to the development of management positions.

H. "Consult" shall mean the verbal or written communication for the purpose of presenting and obtaining views or advising of intended actions.

I. “Disability” shall mean any illness, injury (other than an injury falling under workers’ compensation guidelines) or disability which incapacitates the employee or renders the employee incapable of performing the duties of his/her position, even with a reasonable accommodation, as certified to by a licensed physician.

J. "Employee" shall mean any Regular status employee of the City subject to this MOU.

K. "Employee Relations" shall mean the employment relationship between the City and its employees and their certified and/or exclusive employee organization.

L. "Exclusive Representative" shall mean an employee organization selected by the Mid-Management Unit to be the sole representative of all employees in that Unit pursuant to the procedures set forth in Resolution No. 2581-10 (as may be amended from time to time) and Government Code § 3502.5. The Exclusive Representative shall be the sole representative of all employees in the MidManagement Unit and shall represent all employees of the Unit, except that an employee of the Unit shall have the right to represent him/herself in his/her employment relations with the City.

M. "Fact-finding" shall have the definition set forth in the MMBA.

N. “FLSA” shall mean the Fair Labor Standards Act.

O. “Full-Time Employee” shall mean an employee assigned to a position for an indefinite period of time whose schedule requires a normal work week of forty (40) hours of work.

P. "Grievance" shall mean any disagreement concerning the interpretation or application of a written memorandum of understanding or of personnel rules, department rules, and regulations governing personnel practices or working conditions, and the procedure shall be established in the Personnel Rules. An impasse in meeting and conferring upon the terms of a proposed memorandum of understanding is not a grievance.

Q. "Impasse" shall have the definition set forth in the MMBA.

R. "Mediation" shall have the definition set forth in the MMBA.

S. "Meet and Confer" shall have the definition set forth in the MMBA.

T. “MMBA” shall mean the Meyers-Milias-Brown Act (California Government Code § 3500, et seq., as amended).

U. "Payroll Deduction" shall mean an arrangement under which the City deducts from the salary of the employee sums of money for various purposes including dues or service fees.

V. “Probationary Employee” shall mean an individual appointed to a position which requires successful completion of a probationary period, as described in Article 5, and who has not yet successfully completed the probationary period.

W. “Reduced Hour Employee” shall mean an employee assigned to a position for an indefinite period of time whose schedule requires a normal work week of less than forty (40) hours of work.

X. “Regular Employee” shall mean an employee assigned to a position, other than a temporary or seasonal position, for an indefinite period of time and who has successfully completed the initial probationary period described in Article 5.

Y. "Representative" shall mean a person who is authorized and designated by the certified employee organization to represent the Mid-Management Unit in dealing with the City.

Z. “Safety Member” shall mean those employees assigned to the following: position:

Police Lieutenant. Sworn members of the Police Department.

AA. “Seniority” shall mean the employee’s length of continuous service with the City since his/her last date of hire, except as otherwise provided in Article 10.

BB. "Supervisory Employee/Mid Management Employee" shall mean any employee who is not a member of the Mid-Management Unit having authority to exercise independent judgment in the interest of the City to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or having the responsibility to direct them or to adjust grievances or to effectively recommend such action, if, in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature and requires the use of independent judgment.

CC. “Temporary Employee” shall mean an employee assigned to a position which is established for a specified period of time.

DD. “Workers’ Compensation Injury” shall mean an injury suffered by an employee in the course of performing his/her job duties, which is covered by California’s workers’ compensation laws.

The following is related to salary only and will not be incorporated into the MOU. This will be presented to the City Council for consideration and adoption separately in the form of an updated salary schedule, and the request will include retroactive pay to July 1, 2023:

1. The parties agree to a 9% equity adjustment to the Police Lieutenant classification in order to address salary compaction between this position and the Police Sergeant classification.

FOR THE ASSOCIATION: FOR THE CITY:
_________________________________ __________________________________ Mary McWaters, Union Representative Lori Waterman, City Manager AFSCME Local 2703, Council 57 AFL-CIO City of Atwater
__________________________________
Jana R. Sousa, Human Resources Director
City of Atwater

_________________________________
Frank Splendorio, City Attorney
City of Atwater

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3438-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING SALARY
SCHEDULE B-24, EFFECTIVE OCTOBER 26,
2023, RELATING TO THE POLICE LIEUTENANT

CLASSIFICATION
WHEREAS, the City Council adopted Resolution No. 2088-05 adopting the City of Atwater Classification Plan; and
WHEREAS, Salary Schedule A-24, effective June 22, 2023, was adopted by Resolution No. 3401-23 on June 12, 2023; and
WHEREAS, the City Council approves and adopts a 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, after consideration of salary compaction between the Police Sergeant and Police Lieutenant classifications during a meet and confer with the AFSCME MidManagement group, staff is recommending modifying the salary schedule accordingly in relation to the Police Lieutenant classification; and
WHEREAS, the salary of the Police Lieutenant classification is being updated to reflect the agreement reached during recent labor negotiations; and WHEREAS, the Police Lieutenant salary will be paid retroactive to July 1, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby amend the City of Atwater salary schedule in relation to the Police Lieutenant classification as shown in “Exhibit A,” attached hereto and made a part herein, and directs the City Manager to update the salary for the Police Lieutenant Classification as agreed upon during recent labor negotiations.

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

Resolution No. 3438-23 Page 2
A” to correct language changes, modify job descriptions, or to comply with the requirements of the law.

The foregoing resolution is hereby adopted this 23rd day of October 2023.

AYES:

NOES:

ABSENT:

APPROVED:

_______________________________

MIKE NELSON, MAYOR
ATTEST:
_____________________________
KORY J. BILLINGS, CITY CLERK

Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I CU 115 3051.01 3203.56 3363.73 3531.92 3708.52 3893.94 1408.16 1478.56 1552.49 1630.12 1711.62 1797.20
36612.08 38442.68 40364.81 42383.06 44502.21 46727.32

17.6020 18.4821 19.4062 20.3765 21.3953 22.4651
Account Clerk II CU 135 3417.90 3588.79 3768.23 3956.64 4154.48 4362.20 1577.49 1656.37 1739.18 1826.14 1917.45 2013.32
41014.77 43065.51 45218.79 47479.72 49853.71 52346.40

19.7186 20.7046 21.7398 22.8268 23.9681 25.1665
Accountant I CU 255 4481.51 4705.58 4940.86 5187.90 5447.30 5719.66 2068.39 2171.81 2280.40 2394.42 2514.14 2639.84
53778.07 56466.97 59290.32 62254.84 65367.58 68635.96

25.8548 27.1476 28.5050 29.9302 31.4267 32.9981
Accounting Technician CU 235 3977.60 4176.49 4385.31 4604.57 4834.80 5076.54 1835.82 1927.61 2023.99 2125.19 2231.45 2343.02
47731.26 50117.82 52623.71 55254.90 58017.64 60918.52

22.9477 24.0951 25.2999 26.5649 27.8931 29.2878
Administrative Assistant I CU 140a 3028.46 3179.88 3338.88 3505.82 3681.11 3865.17 1397.75 1467.64 1541.02 1618.07 1698.97 1783.92
36341.51 38158.59 40066.52 42069.84 44173.33 46382.00

17.4719 18.3455 19.2627 20.2259 21.2372 22.2990
Administrative Assistant II CU 155a 3460.16 3633.17 3814.83 4005.57 4205.85 4416.14 1597.00 1676.85 1760.69 1848.73 1941.16 2038.22
41521.96 43598.06 45777.96 48066.86 50470.20 52993.71

19.9625 20.9606 22.0086 23.1091 24.2645 25.4777
Assistant City Clerk/ MM 101 4948.38 5195.80 5455.59 5728.37 6014.79 6315.53 Records Coordinator 2283.87 2398.06 2517.97 2643.86 2776.06 2914.86 59380.59 62349.62 65467.10 68740.45 72177.48 75786.35

28.5484 29.9758 31.4746 33.0483 34.7007 36.43575
Building Maintenance Worker I MU 130 2995.29 3145.06 3302.31 3467.43 3640.80 3822.84 1382.44 1451.57 1524.14 1600.35 1680.37 1764.39
35943.52 37740.70 39627.73 41609.12 43689.58 45874.06

17.2805 18.1446 19.0518 20.0044 21.0046 22.0548
Building Maintenance Worker II MU 150a 3199.54 3359.52 3527.49 3703.87 3889.06 4083.51 1476.71 1550.55 1628.07 1709.48 1794.95 1884.70
38394.47 40314.19 42329.90 44446.40 46668.72 49002.15

18.4589 19.3818 20.3509 21.3685 22.4369 23.5587
Building Permit Technician I MU 185 3597.62 3777.50 3966.38 4164.69 4372.93 4591.58 1660.44 1743.46 1830.64 1922.17 2018.28 2119.19
43171.44 45330.01 47596.51 49976.34 52475.16 55098.91

20.7555 21.7933 22.8829 24.0271 25.2284 26.4899
Chief Building Official/Fire Code Official MM 308a 8239.35 8651.32 9083.88 9538.08 10014.98 10515.73 3802.78 3992.91 4192.56 4402.19 4622.30 4853.41
98872.18 103815.78 109006.57 114456.90 120179.75 126188.74

47.5347 49.9114 52.4070 55.0274 57.7787 60.6677
City Engineer MM 117 8528.42 8954.84 9402.58 9872.71 10366.34 10884.66 3936.19 4133.00 4339.65 4556.63 4784.47 5023.69
102340.99 107458.04 112830.94 118472.49 124396.12 130615.92

49.2024 51.6625 54.2456 56.9579 59.8058 62.7961
City Manager EM 340 13673.71 14357.40 15075.27 15829.03 16620.48 17451.51 6310.94 6626.49 6957.82 7305.71 7670.99 8054.54
164084.54 172288.77 180903.21 189948.37 199445.79 209418.08

78.8868 82.8311 86.9727 91.3213 95.8874 100.6818
Civil Engineering Assistant MU 277 5034.76 5286.50 5550.83 5828.37 6119.79 6425.78 2323.74 2439.92 2561.92 2690.02 2824.52 2965.74
60417.18 63438.04 66609.94 69940.44 73437.46 77109.33

29.0467 30.4991 32.0240 33.6252 35.3065 37.0718
Code Enforcement Officer MU 175 3853.63 4046.31 4248.62 4461.05 4684.11 4918.31 1778.60 1867.53 1960.90 2058.95 2161.90 2269.99
46243.52 48555.69 50983.48 53532.65 56209.28 59019.75

22.2325 23.3441 24.5113 25.7369 27.0237 28.3749

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-24 EFFECTIVE OCTOBER 26, 2023

EXHIBIT A
1

Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-24 EFFECTIVE OCTOBER 26, 2023
Code Enforcement Manager MM 299 5998.65 6298.58 6613.51 6944.18 7291.39 7655.96 2768.61 2907.04 3052.39 3205.01 3365.26 3533.52
71983.77 75582.95 79362.10 83330.21 87496.72 91871.55

34.6076 36.3380 38.1549 40.0626 42.0657 44.1690
Community Services Officer PU 160 3621.90 3803.00 3993.15 4192.81 4402.45 4622.57 1671.65 1755.23 1842.99 1935.14 2031.90 2133.49
43462.85 45635.99 47917.79 50313.68 52829.36 55470.83

20.8956 21.9404 23.0374 24.1893 25.3987 26.6687
Deputy City Manager/ EM 339 12365.44 12983.72 13632.90 14314.55 15030.27 15781.79 Community Development Director 5707.13 5992.48 6292.11 6606.71 6937.05 7283.90 148385.33 155804.59 163594.82 171774.57 180363.29 189381.46

71.3391 74.9061 78.6514 82.5839 86.7131 91.0488
Events Coordinator MU 184 3863.72 4056.91 4259.76 4472.74 4696.38 4931.20 1783.26 1872.42 1966.04 2064.34 2167.56 2275.94
46364.70 48682.93 51117.08 53672.93 56356.58 59174.41

22.2907 23.4053 24.5755 25.8043 27.0945 28.4492
Executive Assistant CU 183 3953.19 4150.84 4358.39 4576.31 4805.12 5045.38 1824.55 1915.77 2011.56 2112.14 2217.75 2328.64
47438.23 49810.14 52300.65 54915.68 57661.46 60544.53

22.8068 23.9472 25.1445 26.4018 27.7219 29.1079
Finance Director DD 335a 9791.30 10280.86 10794.91 11334.65 11901.38 12496.45 4519.06 4745.01 4982.26 5231.38 5492.95 5767.59
117495.58 123370.36 129538.88 136015.82 142816.61 149957.44

56.4883 59.3127 62.2783 65.3922 68.6618 72.0949
Finance Operations Manager MM 307 6285.83 6600.12 6930.13 7276.64 7640.47 8022.49 2901.15 3046.21 3198.52 3358.45 3526.37 3702.69
75429.99 79201.49 83161.57 87319.65 91685.63 96269.91

36.2644 38.0776 39.9815 41.9806 44.0796 46.28361
Human Resources Analyst MM 286 5293.14 5557.80 5835.69 6127.47 6433.85 6755.54 2442.99 2565.14 2693.40 2828.06 2969.47 3117.94
63517.71 66693.59 70028.27 73529.69 77206.17 81066.48

30.5374 32.0642 33.6674 35.3508 37.1184 38.9743
Human Resources Director DD 335b 9284.85 9749.09 10236.55 10748.37 11285.79 11850.08 4285.32 4499.58 4724.56 4960.79 5208.83 5469.27
111418.20 116989.10 122838.56 128980.49 135429.51 142200.99

53.5664 56.2448 59.0570 62.0099 65.1103 68.3659
Human Resources Technician I CU 236 4219.85 4430.84 4652.39 4885.01 5129.26 5385.72 1947.62 2045.01 2147.26 2254.62 2367.35 2485.72
50638.22 53170.14 55828.64 58620.07 61551.08 64628.63

24.3453 25.5626 26.8407 28.1827 29.5919 31.0715
Human Resources Technician II CU 237 4479.69 4703.67 4938.85 5185.80 5445.09 5717.34 2067.55 2170.92 2279.47 2393.44 2513.12 2638.77
53756.23 56444.04 59266.24 62229.55 65341.03 68608.08

25.8443 27.1366 28.4934 29.9181 31.4140 32.9847
Mechanic I MU 180a 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01

20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Mechanic II MU 205a 3950.36 4147.87 4355.27 4573.03 4801.68 5041.77 1823.24 1914.40 2010.12 2110.63 2216.16 2326.97
47404.28 49774.50 52263.22 54876.38 57620.20 60501.21

22.7905 23.9300 25.1265 26.3829 27.7020 29.0871
Parks Maintenance Worker I MU 165b 3362.42 3530.55 3707.07 3892.43 4087.05 4291.40 1551.89 1629.48 1710.96 1796.50 1886.33 1980.65
40349.09 42366.54 44484.87 46709.11 49044.57 51496.80

19.3986 20.3685 21.3870 22.4563 23.5791 24.7581
Parks Maintenance Worker II MU 190 3686.68 3871.01 4064.56 4267.79 4481.18 4705.24 1701.54 1786.62 1875.95 1969.75 2068.24 2171.65
44240.10 46452.11 48774.71 51213.45 53774.12 56462.83

21.2693 22.3327 23.4494 24.6219 25.8529 27.1456
2

Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-24 EFFECTIVE OCTOBER 26, 2023
Police Administrative Supervisor MM 301 5303.52 5568.70 5847.13 6139.49 6446.46 6768.79 2447.78 2570.17 2698.68 2833.61 2975.29 3124.06
63642.26 66824.37 70165.59 73673.87 77357.56 81225.44

30.5972 32.1271 33.7335 35.4201 37.1911 39.0507
Police Chief DD 338 12562.53 13190.66 13850.19 14542.70 15269.84 16033.33 5798.09 6088.00 6392.40 6712.02 7047.62 7400.00
150750.41 158287.93 166202.33 174512.45 183238.07 192399.97

72.4762 76.1000 79.9050 83.9002 88.0952 92.5000
Police Clerk I PU 140b 2968.78 3117.22 3273.08 3436.74 3608.58 3789.00 1370.21 1438.72 1510.65 1586.19 1665.50 1748.77
35625.41 37406.68 39277.01 41240.86 43302.91 45468.05

17.1276 17.9840 18.8832 19.8273 20.8187 21.8596
Police Clerk II PU 155b 3264.29 3427.50 3598.88 3778.82 3967.76 4166.15 1506.60 1581.92 1661.02 1744.07 1831.28 1922.84
39171.48 41130.05 43186.55 45345.88 47613.17 49993.83

18.8324 19.7741 20.7628 21.8009 22.8909 24.0355
Police Corporal PU 244 6438.80 6760.74 7098.77 7453.71 7826.40 8217.72 2971.75 3120.34 3276.36 3440.17 3612.18 3792.79
77265.56 81128.84 85185.28 89444.54 93916.77 98612.61

37.1469 39.0042 40.9545 43.0022 45.1523 47.4099
Police Officer PU 230 5678.49 5962.41 6260.53 6573.56 6902.24 7247.35 2620.84 2751.88 2889.48 3033.95 3185.65 3344.93
68141.85 71548.94 75126.39 78882.71 82826.84 86968.18

32.7605 34.3985 36.1185 37.9244 39.8206 41.8116
Police Officer Recruit PU 116 4112.18 4317.79 4533.68 4760.36 4998.38 5248.30 1897.93 1992.83 2092.47 2197.09 2306.94 2422.29
49346.16 51813.47 54404.14 57124.35 59980.57 62979.59

23.7241 24.9103 26.1558 27.4636 28.8368 30.2787
Police Lieutenant MM 315 9295.29 9760.06 10248.06 10760.46 11298.48 11863.41 4290.13 4504.64 4729.87 4966.37 5214.69 5475.42
111543.49 117120.67 122976.70 129125.54 135581.81 142360.90

53.6267 56.3080 59.1234 62.0796 65.1836 68.4427
Police Sergeant PU 295 7470.07 7843.57 8235.75 8647.54 9079.91 9533.91 3447.72 3620.11 3801.12 3991.17 4190.73 4400.27
89640.82 94122.86 98829.00 103770.46 108958.98 114406.93

43.0965 45.2514 47.5139 49.8896 52.3841 55.0033
Project Accountant/ CU 240b 4370.84 4589.38 4818.85 5059.79 5312.78 5578.42 Successor Agency Assistant 2017.31 2118.18 2224.08 2335.29 2452.05 2574.66 52450.07 55072.57 57826.20 60717.51 63753.39 66941.06

25.2164 26.4772 27.8011 29.1911 30.6507 32.1832
Public Safety Dispatcher PU 170 3972.44 4171.06 4379.61 4598.59 4828.52 5069.95 1833.43 1925.11 2021.36 2122.43 2228.55 2339.98
47669.27 50052.73 52555.37 55183.14 57942.30 60839.41

22.9179 24.0638 25.2670 26.5304 27.8569 29.2497
Public Works Director DD 325 10755.85 11293.64 11858.32 12451.24 13073.80 13727.49 4964.24 5212.45 5473.07 5746.72 6034.06 6335.76
129070.16 135523.66 142299.85 149414.84 156885.58 164729.86

62.0530 65.1556 68.4134 71.8341 75.4258 79.1970
Public Works Superintendent MM 308b 7291.45 7656.02 8038.82 8440.77 8862.80 9305.94 3365.28 3533.55 3710.23 3895.74 4090.52 4295.05
87497.40 91872.28 96465.89 101289.18 106353.64 111671.32

42.0661 44.1694 46.3778 48.6967 51.1316 53.6881
Recreation Coordinator MU 186 3863.72 4056.91 4259.76 4472.74 4696.38 4931.20 1783.26 1872.42 1966.04 2064.34 2167.56 2275.94
46364.70 48682.93 51117.08 53672.93 56356.58 59174.41

22.2907 23.4053 24.5755 25.8043 27.0945 28.4492
Recreation Supervisor MM 301a 5303.52 5568.70 5847.13 6139.49 6446.46 6768.79 2447.78 2570.17 2698.68 2833.61 2975.29 3124.06
63642.26 66824.37 70165.59 73673.87 77357.56 81225.44

30.5972 32.1271 33.7335 35.4201 37.1911 39.0507
3

Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-24 EFFECTIVE OCTOBER 26, 2023
Senior Planner MM 303 6135.92 6442.71 6764.85 7103.09 7458.25 7831.16 2831.96 2973.56 3122.24 3278.35 3442.27 3614.38
73631.00 77312.55 81178.18 85237.09 89498.94 93973.89

35.3995 37.1695 39.0280 40.9794 43.0283 45.1798
Sewer Division Supervisor MM 260c 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32

32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Sewer Maintenance Worker I MU 180b 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01

20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Sewer Maintenance Worker II MU 205b 3872.91 4066.55 4269.88 4483.38 4707.54 4942.92 1787.50 1876.87 1970.71 2069.25 2172.71 2281.35
46474.90 48798.64 51238.57 53800.50 56490.53 59315.05

22.3437 23.4609 24.6339 25.8656 27.1589 28.5169
Streets and Parks Division Supervisor MM 260d 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32

32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Streets Maintenance Worker I MU 165e 3352.02 3519.63 3695.61 3880.39 4074.41 4278.13 1547.09 1624.44 1705.66 1790.95 1880.50 1974.52
40224.29 42235.50 44347.28 46564.64 48892.87 51337.52

19.3386 20.3055 21.3208 22.3868 23.5062 24.6815
Streets Maintenance Worker II MU 190c 3686.68 3871.01 4064.56 4267.79 4481.18 4705.24 1701.54 1786.62 1875.95 1969.75 2068.24 2171.65
44240.10 46452.11 48774.71 51213.45 53774.12 56462.83

21.2693 22.3327 23.4494 24.6219 25.8529 27.1456
Systems Technician MU 232 4657.15 4890.01 5134.51 5391.23 5660.80 5943.84 2149.45 2256.93 2369.77 2488.26 2612.68 2743.31
55885.81 58680.11 61614.11 64694.82 67929.56 71326.03

26.8682 28.2116 29.6222 31.1033 32.6584 34.2914
Water Division Supervisor MM 260e 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32

32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Water Systems Operator I MU 180c 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01

20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Water Systems Operator II MU 205c 3872.91 4066.55 4269.88 4483.38 4707.54 4942.92 1787.50 1876.87 1970.71 2069.25 2172.71 2281.35
46474.90 48798.64 51238.57 53800.50 56490.53 59315.05

22.3437 23.4609 24.6339 25.8656 27.1589 28.5169
Water Systems Pump Operator MU 229 4830.16 5071.66 5325.25 5591.51 5871.08 6164.64 2229.30 2340.77 2457.81 2580.70 2709.73 2845.22
57961.86 60859.96 63902.95 67098.10 70453.01 73975.66

27.87 29.26 30.72 32.26 33.87 35.57
4

Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE B-24 EFFECTIVE OCTOBER 26, 2023
Seasonal/Temporary Employees: HOURLY RATES
Community Facilities Aide SE 060 15.50 15.75 16.00
Community Facilities Attendant SE 100 15.50 15.75 16.00 Recreation Leader I SE 052 15.50 15.75 16.00
Recreation Leader II SE 058 16.00 16.25 16.50
Recreation Instructor I SE 096 15.50
Recreation Instructor II SE 098 17.00
Reserve Police Officer TL 053 22.00
Reserve Firefighter TL 051 15.50
Reserve Firefighter (OES Specl Assig) TL 099
Seasonal Park/Recreation Aide SE 050 15.50 15.75 16.00
Senior Recreation Leader SE 064 16.25 16.50 16.75
Assistant Pool Manager SE 070 15.75 16.00 16.25
Crossing Guard SE 056
Lifeguard SE 054 15.50 15.75 16.00
Lifeguard/Swim Instructor SE 059 15.50 15.75 16.00
Minutes Clerk TL 094 18.00 19.00 20.00
Pool Manager SE 090 16.25 16.50 16.75
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on this EM - Executive Management schedule is not guaranteed the hourly rate listed. The City Manager, at his/her DD - Department Director sole discretion, may appoint at a lower hourly rate so long as the hour rate is MM - Mid Management 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. 3438-23 TL - Temporary/Limited Service Dated October 23, 2023
Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov.

Hourly rate set annually through agreement with AESD
5

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 23, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Approving Plans and Specifications and Authorizing Advertising and Calling for Bids for the EV Charging Stations at 750 Bellevue Road (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves the plans and specifications and authorizing and calling for bids for the EV Charging Stations at 750 Bellevue Rd Project, Project No. 19-8, Bid Call Number 723-

23. I. BACKGROUND/ANALYSIS:

To support the need of the current fleet of Plug In EV trucks and hybrids, staff identified a need for 6 charging stations to be installed in the secure parking lot of the Police Department. The Police Department and Public Works teamed up and conducted extensive research into the feasibility of installing six EV Charging Stations at PD headquarters.

As part of the process, the City engaged PG&E. After talks with PG&E, the City was identified as being eligible for their Fleet Electrication Program. This program incentivizes the installation of the stations and supports site development and infrastructure upgrades at no cost to the City. The maximum amount of incentives available to the City in the program is $114,000. The City had to commit, as part of this program, to purchase 6 medium to heavy duty vehicles over the next three years. The City has already met this requirement from its purchases of Ford Lightnings.

On May 5, 2023, the city entered into a task order with Provost and Pritchard to design the EV Charging Stations at 750 Bellevue Rd. The scope included survey, site and grading plan, and electrical improvements. As well as meetings with PG&E to incorporate their plans and specifications into the plans that Provost and Pritchard were creating.

The specifications and scope of work include the installation of six (6) Level 2 chargers in the parking lot of the Police Department.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

II. FISCAL IMPACTS:

Sufficient funding for this bid call is available in the 2023-24 Fiscal Year Budget ARPA Fund, Police Department Remodel/Rehab; Account No. 1010.1080.U008.

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 consists of goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class 1(a): Interior and exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and Section 15301, Class 1(b) Existing facilities of both investor and publicly-owned utilities used to provide electrical power, natural gas, sewerage, or other public utility services.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City's website, and with one or more regional Builders Exchanges.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. 2023-1002 EV CHARGING STATIONS - SIGNED (1)

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V V V V V V V V V V LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO:

POLICE STATION EV CHARGING STATIONS

CITY OF ATWATER
750 BELLEVUE AVE.

IMPROVEMENT PLANS
DEMOLITION PLAN AD93821 AD JD 08/04/2023 278623001 2786-23-001 001 C2 2 4 9/5/2023 1:51 PM G:\Atwater_City of-2786\278623001-EV Charging Stations\300 CAD\340 Sheet Sets\02_Plans_Maps\C2 DEMOLITION PLAN.dwg -Andrew D'Olier 0 10 20 40 SCALE IN FEET

FOR CONSTRUCTION
OCTOBER 2, 2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ DEMOLITION NOTES 1 EXISTING TO REMAIN 2 EXISTING TO BE REMOVED
3 PROTECT EXISTING UTILITIES CONCRETE GUTTER
3 ELECTRICAL
3 FUEL
3 STORM
1 FENCE & GATE
3 GAS
3 ELECTRICAL
3 ELECTRICAL BOLLARDS, TYP. OF 9
1 CONCRETE
1 PV PANELS & APPURTENANCES
3 3 ELECTRICAL
3 GAS
3 STORM LIMITS OF ASPHALT PAVEMENT REMOVAL BEGIN CURB
2 END CURB
2 1 BOLLARDS, TYP. OF 3
2 BUILDING 1STRIPING TYP. OF 7
2 DEMOLITION NOTES 1. THE "LIMIT OF DEMOLITION" SHOWN IS APPROXIMATE AND IS GENERALLY CONSIDERED TO BE THE MINIMUM REMOVAL REQUIREMENTS. 2. CONTRACTOR SHALL LEGALLY DISPOSE OF ALL DEMOLISHED MATERIALS OFF-SITE. 3. REMOVE EXISTING IMPROVEMENTS AS NECESSARY TO CONSTRUCT NEW IMPROVEMENTS SHOWN ON THESE PLANS. 4. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITY FEATURES NOT SPECIFICALLY DESIGNATED FOR REMOVAL. ANY EXISTING UTILITIES AND/OR IMPROVEMENTS THAT BECOME DAMAGED DURING CONSTRUCTION SHALL BE COMPLETELY RESTORED TO THE SATISFACTION OF THE CITY OF ATWATER, AT THE CONTRACTOR'S SOLE EXPENSE. 5. THE UNDERGROUND UTILITIES SHOWN ON THIS SHEET ARE AT AN APPROXIMATE LOCATION. THE EXTENT, LOCATIONS AND SIZES ARE UNKNOWN. THE CONTRACTOR SHALL POTHOLE TO LOCATE AND VERIFY THE UNDERGROUND UTILITY LINES PRIOR TO REMOVAL OF PAVEMENT. 6. CONTRACTOR SHALL CONTACT AND COORDINATE WITH ALL UTILITY AGENCIES PRIOR TO THE START OF ANY DEMOLITION OR CONSTRUCTION. 7. CONTRACTOR TO PROTECT AND PRESERVE IN PLACE ANY FOUND SURVEY MONUMENTS. ANY MONUMENTS DISTURBED SHALL BE RESET BY A LICENSED SURVEYOR AND FILED WITH THE CITY OF ATWATER 8. FOR CONCRETE REMOVAL, REMOVE TO THE NEXT NEAREST TOOLED JOINT OR EXPANSION JOINT OF IMPROVEMENTS DESIGNATED TO REMAIN. 9. FOR ASPHALT PAVEMENT REMOVAL, SAWCUT TO A STRAIGHT, CLEAN EDGE AT LOCATIONS INDICATED ON THE PLANS. 10. EXISTING PAVEMENT MARKINGS AND STRIPINGS THAT EXTEND BEYOND THE LIMITS OF PAVEMENT REMOVAL THAT ARE IN CONFLICT WITH THE NEW MARKINGS SHALL BE REMOVED BY SANDBLASTING, OR OTHER METHOD AS APPROVED BY CITY OF ATWATER INSPECTOR V V
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10/02/2023 Page 238 of 325
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159
158 FG 158.17 MATCH (E) FG 157.99 MATCH (E) FG 158.12 MATCH (E) FG 158.55 MATCH (E) FG 159.16 MATCH (E) FL 159.14 MATCH (E) FG 158.13 MATCH (E) FG 158.34 MATCH (E) LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO:

POLICE STATION EV CHARGING STATIONS

CITY OF ATWATER
750 BELLEVUE AVE.

IMPROVEMENT PLANS
SITE GRADING PLAN AD93821 AD JD 08/04/2023 278623001 2786-23-001 001 C3 3 4 9/5/2023 1:52 PM G:\Atwater_City of-2786\278623001-EV Charging Stations\300 CAD\340 Sheet Sets\02_Plans_Maps\C3 SITE GRADING PLAN.dwg -Andrew D'Olier 0 10 20 40 SCALE IN FEET

FOR CONSTRUCTION
OCTOBER 2, 2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
V V LIMITS OF ASPHALT PAVEMENT REMOVAL REPLACE FULL EXISTING ASPHALT PAVEMENT SECTION. SECTION SHALL BE 2.5" A.C. OVER 4" A.B., OR SHALL MATCH EXISTING SECTION, WHICHEVER IS GREATER. KEYNOTES DESCRIPTION DETAIL 1 MAIN SWITCHBOARD AND EQUIPMENT PAD, REF. ELECTRICAL PLANS 2 BOLLARD, TYP. OF 6, REF. ELECTRICAL PLANS 3 CONCRETE WHEELSTOP4 4" WHITE TRAFFIC PAINT PER CITY OF ATWATER STANDARDS 5 "EV CHARGING ONLY" PAVEMENT MARKING, PAINTED WHITE
6 TYPE A1-6 CONCRETE CURB PER CITY OF ATWATER STANDARD PLANS SCG-1 7 EV CHARGER PEDESTAL AND FOUNDATION, REF. ELECTRICAL PLANS XXX 1 2
3 C41
9' 2.5' C42
4 5 TYP. OF 6 TYP. TYP.
6 7 TYP. OF 6 TYP. C43 18'
10/02/2023 Page 239 of 325
9"
24"
MIN 3' - 0" TOP SIDE END #5 REBAR, MIN. 24" INTO PAVEMENT (FROM THE TOP OF PAVEMENT) #5 REBAR CONCRETE WHEEL STOPP.C. CONC. CL 520-C-4000 FINISHED SURFACE/ TOP OF PAVEMENT FINISHED SURFACE #5 REBAR EV CHARGING ONLY EV CHARGING ONLY 12''
TYP.
4''
TYP. ALIGN TEXT WITH BOTTOM OF PARKING STALL CENTER TEXT WITH CENTERLINE OF PARKING STALL LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO:

POLICE STATION EV CHARGING STATIONS

CITY OF ATWATER
750 BELLEVUE AVE.

IMPROVEMENT PLANS
CIVIL DETAILS AD93821 AD JD 08/04/2023 278623001 2786-23-001 001 C4 4 4 9/5/2023 1:52 PM G:\Atwater_City of-2786\278623001-EV Charging Stations\300 CAD\340 Sheet Sets\02_Plans_Maps\C4 CIVIL DETAILS.dwg -Andrew D'Olier 1C4
2C4
3C4
10/02/2023

FOR CONSTRUCTION
OCTOBER 2, 2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEER
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expres reserves its common law copyright and other applicable prope rights in these plans. These plans are not to be reproduced, ch or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written perm and consent of Provost & Pritchard Engineering Group, Inc. In event of unauthorized reuse of these plans by a third party, th party shall hold the firm of Provost & Pritchard Engineering Gro Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending enforcing these rights.
455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/ Page 240 of 325
E0.0 LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K.
1 6 CD223-0031 09-27-2023 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT
NOTES AND SPECIFICATIONS REFIK ELECTRICAL ENGINEERS PROVIDES THE ATTACHED DRAWINGS WITH THE FOLLOWING CONDITIONS AND UNDERSTANDINGS. THIS DISCLAIMER IS APPLICABLE TO ALL SHEETS BEARING THE REFIK ELECTRICAL ENGINEERS SEAL. ALL INFORMATION IS ISSUED ON THE EXPRESS UNDERSTANDING THAT THE RECIPIENT ACCEPTS THESE LIMITATIONS AND DISCLAIMERS: 1. THE INFORMATION MUST SOLELY AND ONLY BE USED FOR THE COORDINATION AND/OR CONSTRUCTION OF THE CURRENT PROJECT. 2. THE INFORMATION ISSUED MAY BE CONFIDENTIAL AND MUST NOT BE USED OTHER THAN BY THE INTENDED RECIPIENT. 3. REFIK ELECTRICAL ENGINEERS ACCEPT NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS OR DAMAGE SUFFERED BY THE RECIPIENT ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR MISUSE OF THE INFORMATION ISSUED. 4. THE COPYRIGHT OF THE ORIGINAL DOCUMENTS BELONGS TO REFIK ELECTRICAL ENGINEERS. THE INFORMATION IS ONLY FOR USE IN PREPARATION OF DOCUMENTS FOR THIS PROJECT. 5. DO NOT SCALE OFF DRAWINGS. ANY MEASUREMENTS TAKEN FROM INFORMATION WHICH IS NOT DIMENSIONED ON THE ELECTRONIC COPY ARE AT THE RISK OF THE RECIPIENT. 6. THE RECIPIENT IS RESPONSIBLE FOR VERIFYING THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION ISSUED. THIS SHOULD BE DONE BY CONSULTING ALL RELEVANT DOCUMENTS SUPPLIED DURING THE COURSE OF THE PROJECT AND BY CONFIRMING DIMENSIONS ON SITE. 7. IF ALTERED OR ADDED TO IN ANY WAY, ALL REFERENCES TO REFIK ELECTRICAL ENGINEERS MUST BE REMOVED AND THOSE MAKING THE CHANGES ASSUME TOTAL RESPONSIBILITY FOR THE INFORMATION THEREON. 8. ELECTRICAL DESIGN IS THE SOLE OWNERSHIP OF REFIK ELECTRICAL ENGINEERS. 1. ALL ELECTRICAL POWER IN CLOSE PROXIMITY TO THE INSTALLATION OF THE ELECTRICAL EQUIPMENT MUST BE POWERED OFF PRIOR TO THE START OF CONSTRUCTION, TO PREVENT ANY ELECTRICAL INJURIES. 2. THE METHODS CONTAINED IN CEC ARTICLE 250 SHALL BE FOLLOWED TO COMPLY WITH GROUNDING AND BONDING OF ELECTRICAL SYSTEMS AND NON-CURRENT CARRYING CONDUCTIVE MATERIALS, ENCLOSURES, OR ITEMS FORMING PART OF ANY SUCH EQUIPMENT THAT ENCLOSES OR CARRIES ELECTRICAL CONDUCTOR OR EQUIPMENT THAT IS LIKELY TO BECOME ENERGIZED. SEE CEC 250.4(A)(1) THROUGH (5) FOR FURTHER DESCRIPTION. 3. ALL WORK SHALL COMPLY WITH THE 2022 CALIFORNIA ELECTRIC CODE AND 2022 CALIFORNIA ENERGY CODE. 4. PER CEC 110.26 "ACCESS AND WORKING SPACE SHALL BE PROVIDED AND MAINTAINED ABOUT ALL ELECTRICAL EQUIPMENT TO PERMIT READY AND SAFE OPERATION AND MAINTENANCE OF SUCH EQUIPMENT." 5. ALL ELECTRICAL EQUIPMENT SHALL BE LABELED, LISTED, OR CERTIFIED BY A NATIONALLY RECOGNIZED TESTING LABORATORY ACCREDITED BY THE UNITED STATES OCCUPATIONAL SAFETY HEALTH ADMINISTRATION. 6. PER CEC 210.19 (A) INFORMATIONAL NOTE #4, "CONDUCTORS FOR BRANCH CIRCUITS AS DEFINED IN ARTICLE 100, SIZED TO PREVENT A VOLTAGE DROP EXCEEDING 3 PERCENT AT THE FARTHEST OUTLET OF POWER, HEATING, AND LIGHTING LOADS, OR COMBINATION OF SUCH LOADS, AND WHERE THE MAXIMUM TOTAL VOLTAGE DROP ON BOTH FEEDERS AND BRANCH CIRCUITS TO THE FARTHEST OUTLET DOES NOT EXCEED 5%." 7. CONDUIT RUNS SHOWN ON THIS PLAN ARE DIAGRAMMATIC ONLY. CONTRACTOR SHALL DETERMINE BEST ROUTING TO THE EQUIPMENT. 8. CONTRACTOR TO PROVIDE STRUCTURAL SUPPORT AND ALL REQUIRED APPURTENANCE FOR ALL EQUIPMENT/DEVICES INCLUDING, BUT NOT LIMITED TO SURFACE RACEWAY, JUNCTION BOXES, ETC. 9. ALL ELEVATIONS LISTED ON SHEET SHALL BE TAKEN ON CENTER. 10. ALL INDIVIDUAL MULTIWIRE BRANCH CIRCUITS SHARING A NEUTRAL CONDUCTOR SHALL BE HANDLE TIED AS DESCRIBED IN CEC 240.15(B)(1). 11. USE #10 CONDUCTOR FOR 20 AMP, 120V BRANCH CIRCUIT HOME RUNS LONGER THAN 60'. 12. USE #8 CONDUCTOR FOR 20 AMP, 120V BRANCH CIRCUIT HOME RUNS LONGER THAN 95'. 13. ALL SERVICE EQUIPMENT, INCLUDING METER & CURRENT TRANSFORMER CABINET TERMINATION BOXES, DISCONNECT SWITCHES, AND MAIN CIRCUIT BREAKERS SHALL BE RATED FOR THE MAXIMUM AVAILABLE SHORT CIRCUIT CURRENT AS DETERMINED BY THE SERVING UTILITY COMPANY. 14. FLASH PROTECTION: CEC 110.16 FURNISH AND INSTALL ARC FLASH HAZARD WARNING LABELS ON THE FRONT OF SWITCHBOARDS, PANELS, MOTOR CONTROL CENTERS ON OTHER THAN DWELLING OCCUPANCIES AND LIKELY TO REQUIRE EXAMINATION,SERVICING, OR MAINTENANCE WHILE ENERGIZED TO WARN QUALIFIED PERSONS OF THE POTENTIAL ELECTRIC ARC FLASH HAZARDS. THIS LABEL SHALL BE LOCATED SO AS TO BE CLEARLY VISIBLE TO QUALIFIED PERSONS BEFORE ANY EXAMINATION,SERVICING OR MAINTENANCE OF THIS EQUIPMENT. 15. FIELD MARK SERVICE EQUIPMENT WITH MAXIMUM AVAILABLE FAULT CURRENT PER CEC 110.24 (A). 16. PANEL HOUSING SHALL ACCOMMODATE FUTURE BRANCH CIRCUIT CTS FOR FUTURE BRANCH MONITORING AS REQUIRED BY CEC 130.5(B) NOTES: DISCLAIMER ELECTRICAL SPECIFICATIONS: 1. ALL ELECTRICAL WORK SHOWN HEREIN SHALL COMPLY WITH THE LATEST EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE CURRENT REGULATIONS OF THE CALIFORNIA STATE FIRE MARSHAL, TITLES 8 AND 19 THROUGH 24 OF THE CALIFORNIA BUILDING CODE, THE CURRENT SERVING UTILITY RULES AND ALL OTHER APPLICABLE STATE AND LOCAL CODES, SAFETY ORDERS, LAWS AND ORDINANCES. NOTHING IN THESE PLANS OR SPECIFICATIONS SHALL BE INTERPRETED AS TO PERMIT ANY WORK NOT IN CONFORMANCE WITH THESE REGULATIONS, CODES AND RULES. WHERE WORK IS DETAILED AND/OR SPECIFIED TO A MORE RESTRICTIVE STANDARD OR HIGHER REQUIREMENT, THAT STANDARD OR REQUIREMENT SHALL GOVERN SUCH WORK. 2. ALL ELECTRICAL MATERIAL SHALL BE NEW AND LISTED WITH THE UNDERWRITERS LABORATORIES INC., SHALL MEET THEIR REQUIREMENTS, AND SHALL BEAR THEIR LABEL WHEREVER STANDARDS HAVE BEEN ESTABLISHED AND LABEL SERVICE IS REGULARLY FURNISHED BY THAT AGENCY. ALL MATERIAL FOR SIMILAR USES SHALL BE OF THE SAME TYPE, MATERIAL AND MANUFACTURER FOR EASE OF FUTURE MAINTENANCE. 3. CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, TOOLS, EQUIPMENT AND TRANSPORTATION, AND PERFORM ALL OPERATIONS NECESSARY TO OR INCIDENTAL TO PROPER EXECUTION AND COMPLETION OF ALL "ELECTRICAL WORK" CALLED FOR BY NOTES, SCHEDULES OR OTHERWISE INDICATED ON THESE DRAWINGS, WHETHER OR NOT SPECIFICALLY MENTIONED. MATERIALS AND EQUIPMENT PROVIDED BY OWNER WILL BE AS SPECIFICALLY NOTED. 4. CONTRACTOR SHALL PROVIDE COMPLETE AND OPERABLE SYSTEMS OF ELECTRICAL POWER, LIGHTINGS, AND SIGNAL AND COMMUNICATION, AND CONNECTIONS TO ALL MECHANICAL EQUIPMENT AND CONTROLS AS INDICATED OR REQUIRED. CONTRACTOR SHALL FURNISH LABOR AND MATERIALS TO ACHIEVE INDICATED RESULTS EVEN THOUGH ALL DETAILS ARE NOT SHOWN. 5. ELECTRICAL DRAWINGS ARE ESSENTIALLY DIAGRAMMATIC IN THAT ALL PROVISIONS NECESSARY TO CONFORM TO ARCHITECTURAL, STRUCTURAL, MECHANICAL, AND PLUMBING SYSTEMS CANNOT BE SHOWN. WHILE THE SIZE AND LOCATION OF EQUIPMENT ARE SHOWN TO SCALE WHEREVER POSSIBLE, ALL DIMENSIONS AND CONDUIT / CONDUCTOR DATA SHALL BE VERIFIED IN THE FIELD. ALL INSTALLATIONS SHALL BE ADJUSTED AS NECESSARY TO CONFORM TO OR AVOID OBSTRUCTIONS, WITHOUT ADDITIONAL COST TO THE OWNER. 6. ELECTRICAL CONTRACTOR SHALL PERFORM ALL CUTTING AND DRILLING OF WALLS, CEILINGS, FLOORS OR OTHER STRUCTURES NECESSARY TO FACILITATE INSTALLATION OF EQUIPMENT SPECIFIED IN THESE DRAWINGS. WHERE PATCHING OF WORK IS REQUIRED, CONTRACTOR SHALL MATCH SURROUNDING MATERIAL, FINISH AND WORKMANSHIP. 7. CONTRACTOR SHOULD VISIT THE SITE AND BECOME ACQUAINTED WITH CONDITIONS TO BE ENCOUNTERED, FUTURE FUNDS WILL NOT BE ALLOWED DUE TO FAILURE OF CONTRACTOR TO EXAMINE SITE AND TO INCLUDE EXISTING CONDITIONS IN BID. 8. ALL EQUIPMENT SHALL BE GROUNDED IN ACCORDANCE WITH CEC ARTICLES 250. ALL CONDUIT SHALL HAVE AN EQUIPMENT GROUNDING CONDUCTOR. THE GROUNDING CONDUCTOR SHALL BE BONDED TO THE METAL FRAMES OF THE FIXED ELECTRICAL EQUIPMENT. 9. CONDUIT ROUTING SUGGESTED ONLY. ALL INTERIOR BUILDING CONDUIT SHALL BE A MINIMUM 3/4" EMT CONFORMING TO ANSI STANDARD C80.3, UNLESS OTHERWISE NOTED. FLEXIBLE CONDUIT MAY BE USED ONLY FOR MAKING FINAL CONNECTIONS TO LIGHT FIXTURES AND EQUIPMENT. ALL EMPTY CONDUITS SHALL BE CAPPED, LABELED AND EQUIPPED WITH A 3/16" POLYPROPYLENE PULL LINE. 10. CONDUCTOR SHALL BE STRANDED COPPER TYPE THHN OR THWN, MINIMUM #12 AWG, UNLESS OTHERWISE NOTED. 11. DEVICE PLATES ARE REQUIRED FOR ALL WIRING DEVICES, SWITCHES, OUTLETS, AND SIMILAR APPLICATIONS. SWITCHES SHALL BE IVORY IN COLOR, RATED AT 20 AMPS AND MOUNTED AT 48" ABOVE FINISHED FLOOR UNLESS OTHERWISE NOTED. MOUNT ALL RECEPTACLES MIN. 18" ABOVE FINISHED FLOOR UNLESS OTHERWISE NOTED. 12. ALL RECEPTACLES SHALL BE GROUNDED DUPLEX TYPE. RECEPTACLES IN CODE REQUIRED AREAS SHALL ADDITIONALLY BE GFCI TYPE. 13. GENERAL CONTRACTOR SHALL PAY ALL FEES FOR AND SECURE ALL NECESSARY PERMITS. 14. CONTRACTOR SHALL DELIVER TO THE OWNER A WRITTEN GUARANTEE ON ALL WORKMANSHIP, MATERIALS AND EQUIPMENT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ACCEPTANCE BY THE OWNER. ANY WORK FOUND TO BE FAULTY DURING THAT PERIOD OF TIME SHALL BE CORRECTED AT ONCE, UPON WRITTEN NOTIFICATION, AT THE EXPENSE OF THE CONTRACTOR. THIS SHALL INCLUDE REPAIR OR REPLACEMENT OF THE PREMISES THAT MAY BE DAMAGED AS A RESULT OF FAULTY WORK AND MATERIALS FURNISHED. 15. CONTRACTOR SHALL TURN OVER TO OWNER ALL SHOP DRAWINGS, BROCHURES, CATALOGS, OPERATING MANUALS, TEST DATA AND CERTIFICATES OF COMPLETION AT JOB COMPLETION. 16. EACH CONDUCTOR OF EVERY SYSTEM SHALL BE PERMANENTLY TAGGED IN EACH PANELBOARD, PULLBOX, J-BOX, IN COMPLIANCE WITH THE DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (OSHA). 17. ALL LIGHTING FIXTURES SHALL BE INSTALLED COMPLETE WITH ALL FITTINGS, LENSES, ACCESSORIES AND LAMPS, SEE NOTES AND DETAILS ON LIGHTING SHEETS AND FIXTURE SCHEDULES. REQUESTS FOR ENGINEER'S APPROVAL OF SUBSTITUTIONS SHALL INCLUDE CATALOG CUTS OF SPECIFIED ITEMS AND SUBSTITUTIONS FOR COMPARISON. 18. NEMA 3R ENCLOSURES SHALL BE USED ON ALL EQUIPMENT INSTALLED OUTDOORS. 19. ALL MATERIALS, FIXTURES AND EQUIPMENT SHALL BE COVERED OR SEALED UPON INSTALLATION AS TO PROVIDE FOR SAFETY AND TO ENSURE THAT OPERATION AND APPEARANCE WILL BE MAINTAINED AFTER SUBSEQUENT CONSTRUCTION OPERATIONS. UPON COMPLETION OF WORK AND PRIOR TO FINAL INSPECTION, CONTRACTOR SHALL THOROUGHLY CLEAN ALL EXPOSED FIXTURES, TRIM AND EQUIPMENT, AND SHALL LEAVE THE ENTIRE INSTALLATION IN NEAT, CLEAN AND USEABLE CONDITION. CONTRACTOR SHALL REMOVE ALL CEMENT, PAINT, GREASE, OIL AND OTHER FOREIGN MATERIAL. 20. CONTRACTOR SHALL TEST ALL WIRING FOR SHORTS, OPENS OR OTHER DEFECTS AND CORRECT ANY DEFECTS FOUND. CONTRACTOR SHALL DEMONSTRATE CONTINUOUS SATISFACTORY OPERATION OF ALL ELECTRICAL EQUIPMENT. THE OWNER RESERVES THE RIGHT TO OPERATE ANY SYSTEM OR EQUIPMENT PRIOR TO FINAL COMPLETION AND ACCEPTANCE OF THE WORK. SUCH PRELIMINARY OPERATION SHALL NOT BE CONSTRUED AS AN ACCEPTANCE OF ANY WORK. EACH PIECE OF EQUIPMENT AND ALL OF THE SYSTEMS SHALL BE ADJUSTED TO INSURE PROPER FUNCTIONING AND SHALL BE LEFT IN FIRE CLASS OPERATING CONDITION. 1

UE

UE UE UE
UE
UE
UE
UE

UE UE UE UE
G
G

SD SD SD SD
(E) BUILDING 1
8 4
1 9

EV EV EV EV EV EV
7 3
6 5
9' (TYP) 25'-3" 18' (TYP) (TYP)
2 (TYP) (TYP) (TYP) (TYP) 10'
0 10' 20' 1"=10' EXISTING UTILITY TRANSFORMER. PROPOSED UNDERGROUND CONDUIT PER UTILITY COMPANY. CONTRACTOR TO EXTEND PROPOSED SECONDARY CONDUITS 5' PAST 'MSB-EV' FOUNDATION FOR FUTURE UTILITY INTERCONNECTION. CONDUIT AND SWEEPS TO BE INSPECTED BY UTILITY CO. PRIOR TO BACKFILL. CONTRACTOR TO COORDINATE WITH UTILITY CO. FOR ALL INSPECTIONS AND INCOMING CONDUITS. PROPOSED SITE BOLLARD PER DETAIL [6/E2.0]. BOLLARD NOT TO INTERFERE WITH OPENING OF EQUIPMENT OR WORKING CLEARANCES. PROPOSED 400A BUS, 400A MAIN, 208/120V, 3ɸ, 4W, NEMA 3R MAIN SWITCHBOARD 'MSB-EV'. PROPOSED PEDESTAL MOUNTED FORD PRO CHARGER 80A, 208/120V, 1ɸ, 16.6KW VEHICLE CHARGER INSTALLED PER MANUFACTURER SPECIFICATIONS. FIELD TO COORDINATE CONDUIT STUB UP LOCATION WITH MANUFACTURER BASE PRIOR TO INSTALLATION. SEE DETAIL [2/E2.0]. PROPOSED WHEELSTOP. SEE CIVIL SHEETS FOR ADDITIONAL INFORMATION. PROPOSED 'EV CHARGING ONLY' MARKINGS. SEE CIVIL SHEETS FOR ADDITIONAL INFORMATION. PROPOSED WHITE STRIPING. SEE CIVIL SHEETS FOR ADDITIONAL INFORMATION. PROPOSED CURB. SEE CIVIL SHEETS FOR ADDITIONAL INFORMATION. BELOW GRADE ELECTRICAL CONDUIT; SIZE AND COUNT AS NOTED IN CONDUIT SCHEDULE ON SHEET E3.0 UTILITY CONDUIT AND CONDUCTORS, PER UTILITY CO. 123456789 KEYNOTES: LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K. E1.0
2 6 CD223-0031 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT
ELECTRICAL SITE PLAN ELECTRICAL SITE PLAN 09-27-2023 GENERAL NOTES: 1. PLEASE SEE SHEET C2, DEMOLITION PLAN, FOR THE REMOVAL OF EXISTING IMPROVEMENTS. 1 1

NO SCALE
6 NO SCALE
7 NO SCALE
8 TYPICAL TRENCH DETAIL TRENCH RESURFACING IN CONCRETE AREA TRENCH RESURFACING IN ASPHALT AREA SAWCUT AND MATCH ADJACENT CONCRETE 6" (MIN) CALTRANS CLASS 3 CONCRETEEXISTING CONCRETE 7" OF 3/4" MEDIUM, TYPE B ASPHALT CONCRETE SAWCUT AND MATCH ADJACENT ASPHALT CONCRETE EXISTING ASPHALT CONCRETE PAVEMENT 95% MINIMUM RELATIVE COMPACTED NATIVE MATERIAL IN TOP 2' OF TRENCH *24" (MAX) DEPTH, AT LEAST 12" ABOVE CONDUIT EXISTING ELECTRICAL CONDUIT WHERE APPLICABLE EXISTING ELECTRICAL CONDUIT CROSSING WHERE APPLICABLE METALLIC WARNING TAPE 95% MINIMUM RELATIVE COMPACTED NATIVE BACKFILL UNDER CONCRETE AND ASPHALT AREAS, PER ASTM D1557. 90% MINIMUM RELATIVE COMPACTED NATIVE BACKFILL UNDER LANDSCAPE AREAS, PER ASTM D1557 MINIMUM CONDUIT BURIAL DEPTH PER NEC/CEC TABLE 300.5 12"
(MIN)
6"
(MIN) VARIES (SEE PLAN) ELECTRICAL CONDUIT, SEE ELECTRICAL PLANS FOR SIZE AND COUNT 1-1/2" (TYP) 1/2" RADIUS WIDTH VARIES (SEE PLANS) EQUIPMENT CONCRETE PAD MINIMUM CONCRETE COMPRESSIVE STRENGTH OF 2,500 PSI REQUIRED #4 @ 12" O.C. BOTH WAYS 1/2" RADIUS3" (TYP) 6" COMPACT 12" OF NATIVE SOIL MATERIAL TO MINIMUM 95% RELATIVE COMPACTION PER ASTM D1557 6" 3" CLR 6" IN PLANTER AREAS = 3" FINISHED SURFACEEQUIPMENT PAD CONCRETE CURB, WHEN APPLICABLE, SEE PLANS SERVICE EQUIPMENT LABELS APPROPRIATE PPE REQUIRED ARC FLASH AND SHOCK HAZARD DO NOT OPERATE CONTROLS OR OPEN COVERS WITHOUT APPROPRIATE PERSONAL PROTECTION EQUIPMENT. FAILURE TO COMPLY MAY RESULT IN INJURY OR DEATH! ELECTRIC VEHICLE CHARGING STATIONS MAIN SHUT OFF SWITCH 400 AMP MAIN BREAKER ARC FLASH PPE CATEGORY 2. 5FT AFB - PER NFPA 70E. TABLE 130.7 (C) (15) (A) (B) PANEL LABEL DETAIL750 BELLEVUE RD ATWATER, CA 95301 E.V. 8" 3" 1. LABEL CAN BE APPLIED WITH A THIN ADHESIVE FOR POSITIONING, THEN SECURED WITH (2) #6 SELF-TAPPING SCREWS. NOTE 24" 24" STUB UP CONTAIN CONDUIT / WIRE 24"x24"x24" PEDESTAL PAD #4 @ 12" O.C. BOTH WAYS TOP & BOTTOM 3" (TYP) STUB UP CONTAIN CONDUIT / WIRE 24" 24" EXISTING GRADE EXISTING GRADE 5" 5"
8' NO SCALE
1 EV CHARGER PEDESTAL AND FOUNDATION NO SCALE
4 NO SCALE
5 CONCRETE BOLLARD DETAIL CONCRETE 1. PAINT BOLLARD WITH ONE PRIME COAT AND TWO FINISH COATS. PRIME COAT TO BE EPOXY ENAMEL (CARBOLINE "890" OR EQUAL). THE FIRST FINISH COAT SHALL BE EPOXY ENAMEL. THE SECOND FINISH COAT SHALL BE ALIPHATIC POLYURETHANE (AMERON "AMERSHEILD" OR EQUAL). PRIOR TO APPLYING PAINT, THE PIPE SURFACE SHALL BE PREPARED IN ACCORDANCE WITH COATING MANUFACTURE'S INSTRUCTIONS. 2. THIS BOLLARD IS USED FOR WARNING SIGN ONLY. IT IS NOT DESIGNED FOR VEHICULAR BARRIER PURPOSE. FILL WITH CONCRETE 4'-0" 3" NOTE 4" GALVANIZED SCHEDULE 40 STEEL PIPE4'-0" MIN. 2" WIDE YELLOW REFLECTIVE VISIBILITY STRIPS (3) 1' - 6" SLOPED TO DRAIN EXISTING GRADE SURFACE NO SCALE 3 LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K. E2.0
3 6 CD223-0031 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT

DETAILS NO SCALE
2 PLAN VIEW
A
A
4' MIN. 31-1/8" 6" SECTION A - A

7.5' 18" (TYP)
SEE SITE PLAN FOR SPACING MAIN BREAKER SITE BOLLARD PER DETAIL 6/E2.0 (TYP) PROVIDE 3/8" DIAMETER STAINLESS STEEL HILTI KWIK-BOLT TZ2, 4" EMBEDMENT, INSTALL ANCHORS PER ESR-4266 MAIN SERVICE PANEL BB 7' 6" 6' 6" SECTION B - B CT METER SOCKET AND TEST SWITCH EQUIPMENT PAD PER DETAIL 3/E2.0 7'-7" NOT USED 09-27-2023

M PROPOSED MAIN SERVICE 'MSB-EV' 400A BUS, 400A MAIN, 208/120V, 3Ø, 4W, 65KAIC, NEMA 3R EXISTING TRANSFORMER 'T23' 150KVA, 208/120V UTILITY GROUND CONDUIT SCHEDULE NO FROM TO CONFIGURATION VOLTAGE DROP COMMENTS MSB EVSE 1"C WITH (2) #3 CU AND (1) #8 CU GND 1.6% AT 85' B1 TYP. FOR EVSE-1 THROUGH EVSE-6 1 E3.0 SINGLE LINE DIAGRAM NO SCALE NOTES 1. ALL EVSE UNITS TO BE TAGGED (EVSE - #, L1/L2/GND) 2. ALL ELECTRICAL EQUIPMENT SHALL BE LABELED, LISTED, OR CERTIFIED BY A NATIONALLY RECOGNIZED TESTING LABORATORY ACCREDITED BY THE UNITED STATES OCCUPATIONAL SAFETY HEALTH ADMINISTRATION. 3. PER NEC 210.19 (A) INFORMATIONAL NOTE #4, "CONDUCTORS FOR BRANCH CIRCUITS AS DEFINED IN ARTICLE 100, SIZED TO PREVENT A VOLTAGE DROP EXCEEDING 3 PERCENT AT THE FARTHEST OUTLET OF POWER, HEATING, AND LIGHTING LOADS, OR COMBINATION OF SUCH LOADS, AND WHERE THE MAXIMUM TOTAL VOLTAGE DROP ON BOTH FEEDERS AND BRANCH CIRCUITS TO THE FARTHEST OUTLET DOES NOT EXCEED 5%." 4. THE METHODS CONTAINED IN CEC/NEC ARTICLE 250 SHALL BE FOLLOWED TO COMPLY WITH GROUNDING AND BONDING OF ELECTRICAL SYSTEMS AND NON-CURRENT CARRYING CONDUCTIVE MATERIALS, ENCLOSURES, OR ITEMS FORMING PART OF ANY SUCH EQUIPMENT THAT ENCLOSES OR CARRIES ELECTRICAL CONDUCTOR OR EQUIPMENT THAT IS LIKELY TO BECOME ENERGIZED. SEE CEC/NEC 250.4(A)(1) THROUGH (5) FOR FURTHER DESCRIPTION. 5. WHERE TWO OR MORE GROUND RODS ARE TO BE INSTALLED, THE MINIMUM SEPARATION SHALL BE 6' PER CEC/NEC 250.53(A)(2), AND (3) RESISTANCE OF ELECTRODES. 6. ALL ELECTRICAL EQUIPMENT SHALL BE LISTED FOR TERMINATION OF ELECTRICAL CONDUCTORS RATED 75°C OR HIGHER. 7. ELECTRICAL DISTRIBUTION EQUIPMENT, SUCH AS SWITCHBOARDS, SWITCHGEAR, PANELBOARDS, AND TRANSFER SWITCHES, SHALL BE MARKED TO WARN QUALIFIED PERSONS OF POTENTIAL ELECTRIC ARC FLASH HAZARDS PER CEC 110.16 8. SERVICE EQUIPMENT SHALL BE LEGIBLY MARKED IN THE FIELD WITH THE MAXIMUM AVAILABLE FAULT CURRENT PER CEC 110.24. FIELD MARKING SHALL INCLUDE THE DATE THE FAULT-CURRENT CALCULATION WAS PERFORMED. FAULT CURRENT CALCULATION LETTER SHALL BE PROVIDED AT TIME OF INSPECTION. 9. ALL BREAKERS FOR EVSE UNITS SHALL BE INSTALLED WITH LOCKABLE PROVISIONS. B1 (N) 400A 3P (N) 100A 2P EVSE-1 EVSE-2 EVSE-3 EVSE-4 EVSE-5 EVSE-6 LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K. E3.0 4 6 CD223-0031 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT
SINGLE LINE DIAGRAM & SCHEDULES (N) 100A 2P (N) 100A 2P (N) 100A 2P (N) 100A 2P (N) 100A 2P 2 E3.0 PANEL 'MSB-EV' SCHEDULE NO SCALE NG #6 BARE CU PER NEC/CEC 250.66(A) (TYP) (2) 5/8" X 8' CU CLAD GROUND RODS 09-27-2023

LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K. E4.0 5 6 CD223-0031 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT
TITLE 24 09-27-2023

1 E5.0 SINGLE PORT CHARGER SPECIFICATIONS (SHOWN FOR REFERENCE ONLY) NO SCALE 2 E5.0 CHARGER PEDESTAL MOUNT SPECIFICATIONS (SHOWN FOR REFERENCE ONLY) NO SCALE LICENSE NO: DESIGN ENGINEER: SHEETDATE: JOB NO: DRAFTED BY: CHECKED BY: OF ORIGINAL SCALE SHOWN IS ONE INCH. ADJUST SCALE FOR REDUCED OR ENLARGED PLANS. 0 1" PHASE: PROJECT NO: REFIK ELECTRICAL ENGINEERS 1500 SHAW AVENUE CLOVIS, CA 93611 559.484.2049

AHJ SUBMITTAL
07-25-2023
DATE No. REVISION BY
COPYRIGHT 2021 by PROVOST & PRITCHARD ENGINEERING
GROUP, INC. ALL RIGHTS RESERVED
The firm of Provost & Pritchard Engineering Group, Inc. expressly reserves its common law copyright and other applicable property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Engineering Group, Inc. In the event of unauthorized reuse of these plans by a third party, the third party shall hold the firm of Provost & Pritchard Engineering Group, Inc. harmless, and shall bear the cost of Provost & Pritchard Engineering Group, Inc.'s legal fees associated with defending and enforcing these rights. Know what's below. Call before you dig. 455 W FIR AVENUE
CLOVIS, CALIFORNIA 93611
559/449-2700 FAX 559/449-2715
https://provostandpritchard.com/
09-27-2023 1 AHJ COMMENTS S.K. E5.0
6 6 CD223-0031 X.A.E. S.KIFER E23239 S. KIFER

ATWATER PD CHARGERS
750 BELLEVUE RD, ATWATER, CA 95301

CITY OF ATWATER POLICE DEPARTMENT
REFERENCES 09-27-2023
1