In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
March 11, 2024
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:
Invocation by Police Chaplain McClellan
PLEDGE OF ALLEGIANCE TO THE FLAG:
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
City Council Agenda for Meeting of March 11, 2024 Page 2 MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CONSENT CALENDAR:
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS:
1. March 11, 2024
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (Audit and Finance Committee)
2. October 23, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (City Council)
3. February 26, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
AGREEMENTS:
4. Approving Amendment to Professional Services Agreement with Mark Thomas and Company for the Preparation of Environmental Documentation for the Bellevue Road Rehabilitation and Realignment Project (Interim City Manager Thompson)
Staff's Recommendation: Approves Amendment No. 1 to the Professional Services Agreement in a form approved by the City Attorney, with Mark Thomas and Company of Fresno, California for the preparation of the environmental documentation for the Bellevue Road Rehabilitation and Realignment Project for an amount not to exceed $150,958.00; and authorizes the Interim City Manager, or designee, to execute the agreement on behalf of the City.
City Council Agenda for Meeting of March 11, 2024 Page 3 OTHER ACTIONABLE ITEMS:
5. Approving Specifications and Authorizing Advertising and Calling for Bids for Fifty (50) Portable Radios for the Police Department (Police Chief Michael Salvador)
Staff's Recommendation: Approval of specifications and authorizes advertising and calling for bids for fifty (50) portable radios for the Police Department, Bid Call No. 727-24.
***END OF CONSENT CALENDAR***
PUBLIC HEARINGS:
6. Waiving the First Reading and Introducing an ordinance, by title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson)
Staff's Recommendation: Open the public hearing and receive any testimony;
Close the public hearing; and
Make a finding that the project is categorically exempt under California Environmental Quality Act (CEQA) guideline section 15332, Class 32, “Infill Development Projects;” and
Motion to waive the first reading and introduce Ordinance No. CS 1067, by title only, approving Zone Change No. 23-22-0300 for a parcel located on the north side of Bellevue Road approximately 0.15 miles west of Redwood Avenue (APN: 150-190-036); or
Motion to approve staff's recommendation as presented.
REPORTS AND PRESENTATIONS FROM STAFF:
7. Water and Sewer Rate Study and Financial Plan Overview presented by Raftelis (Public Works Director Vinson)
CITY MANAGER REPORTS/UPDATES:
8. Updates from the Office of the Interim City Manager
COMMENTS FROM THE PUBLIC:
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
City Council Agenda for Meeting of March 11, 2024 Page 4 CITY COUNCIL REPORTS/UPDATES:
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
ADJOURNMENT:
CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk during normal business hours at 1160 Fifth Street, Atwater, California.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road, Atwater, California.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
4 18
11 25
3 10
24 17
31 MARCH 2024
S U N M O N T U E W E D T H U F R I S A T
5 19
26 12
27 6
20 13
1 8
22 15
2 9
23 16
7 21
14 28 29 30
Citizens’
Oversight Committee
Meeting - 5:30 PM
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Audit & Finance
Meeting - 4:30 PM
City Council
Meeting - 6:00 PM
City Council
Meeting - 6:00 PM
Daylight Saving
Time Begins
City of Atwater
Spring Clean up
7:00 AM - Noon
General Plan
Workshop #3 @
6:00PM - Mitchell
Sr. Elem - Gym,
1753 Fifth Street
General Plan
Workshop #4 @
6:00PM - Juniper
Elementary, 661 E.
Juniper Avenue
Easter Egg Hunt
10 AM
Veterans Park
APRIL 2024
S U N M O N T U E W E D T H U F R I S A T
2 16
23 9
24 3
17 10
5 19
12 6
20 13
4 18
11 25 26 27
30 7
21 14
1 15
8 22
28 29
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
City Council
Meeting - 6:00 PM
Audit & Finance
Meeting - 4:30 PM
City Council
Meeting - 6:00 PM
Planning
Commission
Meeting - 6:00
PM
WARRANT SUMMARY FOR MARCH 11, 2024
PREPARED BY: JOSEPH MURILLO
ACCOUNTS PAYABLE WARRANT $ 1,383,826.67
PREWRITTENS (CHECKS PROCESSED BETWEEN WARRANTS) $ 12,597.45
ADDITIONAL WARRANTS
DATE DESCRIPTION AMOUNT
2/23/2024 AFLAC $ 542.37
2/23/2024 AFSCME District Council 57 $ 1,010.53
2/23/2024 APOA Union Dues $ 2,894.20
2/23/2024 EPARS Employee 457 Plan (PNC Bank) $ 4,808.00 2/23/2024 PERS Retirement 2/1/24 - 2/14/24 $ 62,150.68
2/28/2024 Retiree Medical Reimbursement - March 2024 $ 40,834.31 2/23/2024 State Disbursement - Child Support $ 115.38
TOTAL ADDITIONAL WARRANTS $ 112,355.47
PAYROLL
DATE DESCRIPTION AMOUNT
2/22/2024 Net Payroll $ 239,498.78
2/23/2024 Federal Taxes $ 75,431.42
2/23/2024 State Taxes $ 13,343.14
TOTAL PAYROLL $ 328,273.34
GRAND TOTAL $ 1,837,052.93
Mark Borba City Treasurer_._
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
3/6/2024- 1:19 PM
City Of
twate r
(. mrnwrzl 'J.ar u.fr t..:xfv t
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 02/23/2024 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,010.53 02/23/2024 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 2,894.20 02/23/2024 General Fund Deferred Compensation PNC BANK 700.00 02/23/2024 General Fund Deferred Compensation PNC BANK 4,108.00 02/23/2024 General Fund Aflac Premiums AFLAC PLANS 271.19 02/23/2024 General Fund Aflac Premiums AFLAC PLANS 271.18 02/23/2024 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 23,470.16 02/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,907.53 02/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 72.30 02/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 20,983.89 02/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 16.91 02/23/2024 General Fund Flea/Medicare-Employer PAYROLL TAXES-FEDERAL 72.30 02/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 4,907.53 02/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 16.91 02/23/2024 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 13,343.14 02/23/2024 General Fund Flea/Medicare-Employer PAYROLL TAXES-FEDERAL 20,983.89 02/23/2024 General Fund PERS Add. Service Credit PERS-RETIREMENT 467.94 02/23/2024 General Fund Pers Deduction PERS-RETIREMENT 7,788.11 02/23/2024 General Fund Pers Deduction PERS-RETIREMENT 2,959.75 02/23/2024 General Fund Pers Deduction PERS-RETIREMENT 997.56 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 9,868.31 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 3,523.09 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 8,051.71 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 9,958.31 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 16,614.39 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 786.58 02/23/2024 General Fund Pers Benefits PERS-RETIREMENT 1,134.93 02/23/2024 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 Check Total: 160,295.72
AP-Checks for Approval (3/6/2024 - 1:19 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 160,295.72
AP-Checks for Approval (3/6/2024 - 1:19 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
3/6/2024 - 12:25 PM
PREWRITTENS
C fry
C. rt €' tv J' ads' Ci'y Wide
7SG Dellevue Road, 1buaber CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24613 02/23/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 24613 02/23/2024 Employee Benefits Fund Health Reimbursements I NUM LIFE INSURANCE 33.59 Check Total: 67.18
24614 02/23/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 319.59 24614 02/23/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 319.59 Check Total: 639.18
24615 02/27/2024 Internal Service Fund Utilities COMCAST 9,008.10 Check Total: 9,008.10
24616 02/27/2024 Internal Service Fund Communications COMCAST 152.35 Check Total: 152.35
24617 02/28/2024 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 573.49 Check Total: 573.49
24618 02/28/2024 Employee Benefits Fund Health Insurance, Retirees MANUEL DURAN 85.37 Check Total: 85.37
24619 02/28/2024 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 410.10 Check Total: 410.10
24620 02/28/2024 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 643.16 Check Total: 643.16
24621 02/28/2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 867.97 Check Total: 867.97
24622 02/28/2024 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 150.55 AP-Checks for Approval (3/6/2024 - 12:25 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 150.55
24623 02/28/2024 Sewer Enterprise Fund Accounts Payable MICHAEL E. SCHILLING 274.89 24623 02/28/2024 General Fund Accounts Payable MICHAEL E. SCHILLING 2.00 24623 02/28/2024 Water Enterprise Fund Accounts Payable MICHAEL E. SCHILLING 43.60 Check Total: 320.49
Check number 24623 is a reissue of check number 24565. Will not include in Warrant Summary. Report Total: 12,597.45 - J. Murillo Report Total: 12,917.94
AP-Checks for Approval (3/6/2024 - 12:25 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
3/7/2024- 8:52 AM
Cdr vif
water
760 Bdlvuo Rood, 1 ater CA 9S Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/11/2024 General Fund Office Supplies QUADIENT FINANCE USA INC 1,000.00 0 03/11/2024 General Fund Office Supplies QUADIENT FINANCE USA INC 152.90 0 03/11/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 187,090.63 0 03/11/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,830.73 0 03/11/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 88,750.00 0 03/11/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 57,500.00 Check Total: 372,324.26
24624 03/11/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 45.49 24624 03/11/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 45.50 24624 03/11/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 45.50 24624 03/11/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 935.92 24624 03/11/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 935.92 24624 03/11/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 935.93 24624 03/11/2024 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,700.00 24624 03/11/2024 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,700.00 24624 03/11/2024 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,700.00 Check Total: 8,044.26
24625 03/11/2024 General Fund Community Center Deposits AHS BAND BOOSTERS 350.00 24625 03/11/2024 General Fund Community Center Deposits AHS BAND BOOSTERS 210.00 24625 03/11/2024 General Fund Community Center Deposits AHS BAND BOOSTERS 210.00 Check Total: 770.00
24626 03/11/2024 General Fund Special Departmental Expense AIRGAS USA, LLC 104.45 Check Total: 104.45
24627 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment ALLSTAR FIRE EQUIPMENT INC 2,507.24 Check Total: 2,507.24
24628 03/11/2024 General Fund Professional Services ALLWAYS TOWING LLC 280.00 -
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 280.00
24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.20 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 173.99 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 34.86 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.63 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 930.48 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 64.77 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 107.37 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 405.46 24629 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 163.61 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.71 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 46.67 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 60.68 24629 03/11/2024 General Fund Machinery & Equipment AMAZON CAPITAL SERVICES 1,415.88 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,360.10 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 98.52 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 717.74 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 326.24 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 28.34 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 47.84 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 47.82 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 103.71 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.09 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 41.00 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 36.96 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 15.04 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.99 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 15.04 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.18 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 114.87 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 404.60 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 37.94 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.49 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 195.74 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.78 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.56 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.38 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.02 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.93 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 114.01 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.02 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 171.82 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.90 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.00 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 35.54 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.09 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.05 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.00 24629 03/11/2024 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 166.34 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 15.03 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 482.72 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 20.47 24629 03/11/2024 Public Safety Trans & Use Tax Machinery & Equipment AMAZON CAPITAL SERVICES 144.28 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 897.34 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 195.35 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 43.49 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 71.33 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 357.98 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 400.20 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 266.38 24629 03/11/2024 Police Grants Fund Machinery & Equipment AMAZON CAPITAL SERVICES 400.20 24629 03/11/2024 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 25.87 24629 03/11/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 180.72 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 640.54 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.37 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.56 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 114.15 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 271.86 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.96 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.57 24629 03/11/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.69 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 58.89 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.39 24629 03/11/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 118.78 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 65.24 24629 03/11/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES -984.88 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -71.76 24629 03/11/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -71.76 Check Total: 12,156.96
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24630 03/11/2024 General Fund Travel/Conferences/Meetings DANNY AMBRIZ 191.93 Check Total: 191.93
24631 03/11/2024 Internal Service Fund Utilities AMERIGAS - MODESTO 1,740.03 Check Total: 1,740.03
24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 20,248.38 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 6,768.86 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 106,396.67 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 41,621.67 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 56,148.53 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 56,148.53 24632 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 56,148.53 Check Total: 343,481.17
24633 03/11/2024 Water Enterprise Fund Special Departmental Expense AQUEOUS VETS 12,706.35 Check Total: 12,706.35
24634 03/11/2024 General Fund Travel/Conferences/Meetings KAREN ARDEN-WALLER 338.75 Check Total: 338.75
24635 03/11/2024 Internal Service Fund Operations & Maintenance ASSOCIATES LOCK & SAFE SERVICE 454.85 Check Total: 454.85
24636 03/11/2024 Water Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 130.00 Check Total: 130.00
24637 03/11/2024 General Fund Special Departmental Expense ATWATER TINT 130.00 Check Total: 130.00
24638 03/11/2024 General Fund Field Deposits ATWATER YOUTH BASEBALL & SOFTBALL 210.00 24638 03/11/2024 General Fund Field Rentals ATWATER YOUTH BASEBALL & SOFTBALL 700.00 Check Total: 910.00
24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,691.82 24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,893.59 24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 446.60 24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,186.66 24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,723.74 24639 03/11/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,721.49 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 4
-
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 14,663.90
24640 03/11/2024 Internal Service Fund Operations & Maintenance DON BENNER 350.00 Check Total: 350.00
24641 03/11/2024 General Fund Professional Services BEST BEST & KRIEGER 24,759.72 24641 03/11/2024 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 1,120.00 24641 03/11/2024 Risk Management Fund Professional Services BEST BEST & KRIEGER 3,231.52 Check Total: 29,111.24
24642 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 38.44 24642 03/11/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 175.37 24642 03/11/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 56.15 24642 03/11/2024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 87.16 24642 03/11/2024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 16.48 24642 03/11/2024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 38.77 24642 03/11/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 12.52 Check Total: 424.89
24643 03/11/2024 General Fund Professional Services BILL'S TOWING 260.00 Check Total: 260.00
24644 03/11/2024 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 200.00
24645 03/11/2024 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 1,982.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 237.00 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24645 03/11/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24645 03/11/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 24645 03/11/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 96.75 Check Total: 5,019.25
24646 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 188.56 24646 03/11/2024 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 10.76 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 199.32
24647 03/11/2024 Water Enterprise Fund Special Departmental Expense CALIFORNIA INDUSTRIAL 119.08 Check Total: 119.08
24648 03/11/2024 General Fund Training CALIFORNIA PEACE OFFICER'S ASSOCIATION 550.00 24648 03/11/2024 General Fund Training CALIFORNIA PEACE OFFICER'S ASSOCIATION 226.00 Check Total: 776.00
24649 03/11/2024 Sewer Enterprise Fund Professional Services CASCADE INTEGRATION AND DEVELOPMEN 6,747.18 Check Total: 6,747.18
24650 03/11/2024 Gas Tax/Street Improvement Professional Services CENTRAL VALLEY TREES AND LANDSCAPE 2,150.00 Check Total: 2,150.00
24651 03/11/2024 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 108.00 24651 03/11/2024 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 108.00 Check Total: 216.00
24652 03/11/2024 Water Enterprise Fund Professional Services CHARTER CAPITAL 1,097.20 Check Total: 1,097.20
24653 03/11/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 24653 03/11/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 24653 03/11/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 24653 03/11/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 40.76 24653 03/11/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.37 24653 03/11/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 84.03 24653 03/11/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 69.40 24653 03/11/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 24653 03/11/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 66.63 24653 03/11/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.37 24653 03/11/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 24653 03/11/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 24653 03/11/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 40.76 24653 03/11/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 83.19 Check Total: 586.15
24654 03/11/2024 Internal Service Fund Communications COMCAST 1,654.94 Check Total: 1,654.94 —
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24655 03/11/2024 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 388.22 24655 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 630.02 24655 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR1 20.44 24655 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR' 196.41 Check Total: 1,235.09
24656 03/11/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 24656 03/11/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 730.00 24656 03/11/2024 Information Technology Fund Professional Services DATA PATH 7,850.00 24656 03/11/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 830.00 24656 03/11/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,583.00 24656 03/11/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,617.50 Check Total: 15,699.50
24657 03/11/2024 General Plan Update Fund Professional Services DE NOVO PLANNING GROUP 37,960.00 24657 03/11/2024 General Plan Update Fund Professional Services DE NOVO PLANNING GROUP 49,780.73 Check Total: 87,740.73
24658 03/11/2024 Internal Service Fund Professional Services DELRAY TIRE 193.45 24658 03/11/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 16.30 24658 03/11/2024 Internal Service Fund Professional Services DELRAY TIRE 308.45 24658 03/11/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 16.30 24658 03/11/2024 Internal Service Fund Professional Services DELRAY TIRE 185.45 24658 03/11/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,098.89 24658 03/11/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 806.42 Check Total: 2,625.26
24659 03/11/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -49.68 24659 03/11/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 55.20 Check Total: 5.52
24660 03/11/2024 Internal Service Fund Operations & Maintenance DONS MOBILE GLASS 275.00 24660 03/11/2024 Internal Service Fund Operations & Maintenance DON'S MOBILE GLASS 339.00 Check Total: 614.00
24661 03/11/2024 General Fund Uniform & Clothing Expense STEFANI DURBIN 77.08 Check Total: 77.08
24662 03/11/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 168.86 Check Total: 168.86
24663 03/11/2024 General Fund Special Departmental Expense ETCH THIS AND THAT 68.68 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 7
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 68.68
24664 03/11/2024 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 373.19 Check Total: 373.19
24665 03/11/2024 General Fund Memberships & Subscriptions FBI-LEEDA 50.00 Check Total: 50.00
24666 03/11/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 341.20 Check Total: 341.20
24667 03/11/2024 Internal Service Fund Operations & Maintenance FORD PRO 546.00 Check Total: 546.00
24668 03/11/2024 General Fund Training FRESNO CITY COLLEGE 61.00 Check Total: 61.00
24669 03/11/2024 Water Enterprise Fund Special Departmental Expense GRAINGER 860.44 Check Total: 860.44
24670 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense GRANITE CONSTRUCTION COMPANY 2,894.31 24670 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense GRANITE CONSTRUCTION COMPANY 2,769.57 Check Total: 5,663.88
24671 03/11/2024 General Fund Special Departmental Expense HENRY SCHEIN, INC. 1,836.26 Check Total: 1,836.26
24672 03/11/2024 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 24672 03/11/2024 Internal Service Fund Utilities HOFFMAN SECURITY 170.85 24672 03/11/2024 Internal Service Fund Utilities HOFFMAN SECURITY 1,070.90 Check Total: 1,296.75
24673 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense HORIZON 39.34 24673 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense HORIZON 206.24 Check Total: 245.58
24674 03/11/2024 Information Technology Fund Special Departmental Expense IDVILLE 3,071.51 Check Total: 3,071.51
24675 03/11/2024 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 11,693.00 -
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+
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 11,693.00
24676 03/11/2024 Internal Service Fund Professional Services JORGENSEN COMPANY 367.58 24676 03/11/2024 Internal Service Fund Professional Services JORGENSEN COMPANY -174.00 Check Total: 193.58
24677 03/11/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 363.71 24677 03/11/2024 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 16.22 Check Total: 379.93
24678 03/11/2024 RSTP-Regional Surf Transp Prog Ace Train Platform KRAZAN-VEIR 6,185.00 Check Total: 6,185.00
24679 03/11/2024 General Fund Office Supplies KEN LEE 12.28 Check Total: 12.28
24680 03/11/2024 Public Safety Trans & Use Tax Special Departmental Expense LN CURTIS & SONS 103.53 Check Total: 103.53
24681 03/11/2024 General Fund Miscellaneous LOOMIS 691.92 Check Total: 691.92
24682 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense MARTIN MARIETTA MATERIALS 172.51 24682 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense MARTIN MARIETTA MATERIALS 367.00 Check Total: 539.51
24683 03/11/2024 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 590.79 Check Total: 590.79
24684 03/11/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 110.80 24684 03/11/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 120.10 24684 03/11/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 133.12 24684 03/11/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 140.56 Check Total: 504.58
24685 03/11/2024 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 580.00 24685 03/11/2024 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 580.00 Check Total: 1,160.00
24686 03/11/2024 General Fund Professional Services MERCED COUNTY ANIMAL CONTROL 3,220.00 -
-
-
-
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,220.00
24687 03/11/2024 Water Enterprise Fund Professional Services MERCED IRRIGATION DISTRICT - UGSA 1,868.12 Check Total: 1,868.12
24688 03/11/2024 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 525.00 Check Total: 525.00
24689 03/11/2024 Water Enterprise Fund Special Departmental Expense MODESTO BATTERY 121.07 Check Total: 121.07
24690 03/11/2024 Internal Service Fund Special Departmental Expense MODESTO OVERHEAD DOOR 723.84 24690 03/11/2024 Internal Service Fund Professional Services MODESTO OVERHEAD DOOR 850.00 Check Total: 1,573.84
24691 03/11/2024 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 160.72 24691 03/11/2024 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 185.82 Check Total: 346.54
24692 03/11/2024 Internal Service Fund Professional Services NVB EQUIPMENT INC 585.00 24692 03/11/2024 Internal Service Fund Operations & Maintenance NVB EQUIPMENT INC 70.55 Check Total: 655.55
24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 35.88 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 10.42 24693 03/11/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 8.13 24693 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 50.55 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -2.61 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 171.35 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 372.71 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 145.67 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 52.96 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 1,381.23 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 123.12 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 31.59 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 219.89 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 11.07 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 372.57 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 151.25 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -74.11 24693 03/11/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 460.92 -
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AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,522.59
24694 03/11/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 536.29 24694 03/11/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 147.67 24694 03/11/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 1,859.00 24694 03/11/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 30.16 24694 03/11/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 14.80 24694 03/11/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 121.63 24694 03/11/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 1,114.08 24694 03/11/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 23.82 Check Total: 3,847.45
24695 03/11/2024 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 21,467.50 24695 03/11/2024 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 11,603.75 24695 03/11/2024 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 6,825.00 Check Total: 39,896.25
24696 03/11/2024 Water Fund Capital Replacement Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 2,007.50 24696 03/11/2024 Sewer Enterprise Fund Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 2,007.50 Check Total: 4,015.00
24697 03/11/2024 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 1,450.00 Check Total: 1,450.00
24698 03/11/2024 General Fund Special Departmental Expense QUADIENT, INC. 114.15 24698 03/11/2024 General Fund Rents & Leases QUADIENT, INC. 36.00 Check Total: 150.15
24699 03/11/2024 Internal Service Fund Professional Services RAZZARI DODGE CHRYSLER JEEP RAM 682.50 24699 03/11/2024 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 3,431.53 Check Total: 4,114.03
24700 03/11/2024 Internal Service Fund Professional Services RECOVERY ROOM UPHOLSTERY 180.00 Check Total: 180.00
24701 03/11/2024 General Fund Training ALEJANDRO SALAZAR 137.15 Check Total: 137.15
24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 286.93 24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 269.89 24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 267.22 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 11
.
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 639.32 24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 330.03 24702 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 348.68 Check Total: 2,142.07
24703 03/11/2024 Local Transportation Fund Project Retention ST FRANCIS ELECTRIC -624.24 24703 03/11/2024 Local Transportation Fund Atwater Blvd & First St Signal ST FRANCIS ELECTRIC 12,484.80 Check Total: 11,860.56
24704 03/11/2024 General Fund Special Departmental Expense TLC POSTAL CENTER 43.50 Check Total: 43.50
24705 03/11/2024 Information Technology Fund Communications TPX COMMUNICATIONS 8,308.83 Check Total: 8,308.83
24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 25.39 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 347.97 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 174.98 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 394.27 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 327.57 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 25.38 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 34.07 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 345.43 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 31.98 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 46.13 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 523.10 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 174.61 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 35.11 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 27.55 24706 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 279.56 24706 03/11/2024 Water Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 24706 03/11/2024 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 Check Total: 3,044.44
24707 03/11/2024 General Fund Rents & Leases UBEO WEST LLC 139.77 Check Total: 139.77
24708 03/11/2024 Internal Service Fund Operations & Maintenance VAN DE POL 12,074.68 24708 03/11/2024 Internal Service Fund Operations & Maintenance VAN DE POL 12,918.08 Check Total: 24,992.76
24709 03/11/2024 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 183,175.28 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 183,175.28
24710 03/11/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,177.86 24710 03/11/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 8.79 Check Total: 1,186.65
24711 03/11/2024 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 3,120.16 24711 03/11/2024 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 404.25 24711 03/11/2024 ARPA-American Rescue Plan Act Cedar and First Parking Lot VVH CONSULTING SERVICES 8,978.75 Check Total: 12,503.16
24712 03/11/2024 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 79.64 24712 03/11/2024 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 7.84 Check Total: 87.48
24713 03/11/2024 General Fund Special Departmental Expense WINTON HARDWARE 53.85 24713 03/11/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 58.16 24713 03/11/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 7.23 24713 03/11/2024 Sewer Enterprise Fund Uniform & Clothing Expense WINTON HARDWARE 66.00 24713 03/11/2024 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 32.31 Check Total: 217.55
24714 03/11/2024 General Fund Special Departmental Expense WORK WELLNESS 300.00 Check Total: 300.00
24715 03/11/2024 General Fund Community Center Deposits WANDA WRIGHT 210.00 Check Total: 210.00
24716 03/11/2024 Water Enterprise Fund Accounts Payable DONALD RAY 25.65 24716 03/11/2024 Sewer Enterprise Fund Accounts Payable DONALD RAY 61.11 Check Total: 86.76
24717 03/11/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,691.63 24717 03/11/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 6,671.67 24717 03/11/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 18,830.29 24717 03/11/2024 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 2,323.09 24717 03/11/2024 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 390.27 24717 03/11/2024 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 42.34 24717 03/11/2024 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 17.94 24717 03/11/2024 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 60.05 24717 03/11/2024 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 19.78 24717 03/11/2024 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 1,335.36 AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 13
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24717 03/11/2024 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 242.46 24717 03/11/2024 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 2,140.61 24717 03/11/2024 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 32.30 24717 03/11/2024 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 28.71 24717 03/11/2024 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 75.75 24717 03/11/2024 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 2,015.31 24717 03/11/2024 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 243.80 24717 03/11/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 53,305.03 24717 03/11/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 6,998.31 24717 03/11/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 7,960.37 Check Total: 105,425.07
Report Total: 1,383,826.67
AP-Checks for Approval (3/7/2024 - 8:52 AM) Page 14
CITY OF ATWATER
REGULAR MEETING
AUDIT AND FINANCE COMMITTEE
ACTION MINUTES
October 23, 2023
The City of Atwater Audit and Finance Committee met in Regular Session this date at 4:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Chair Ambriz presiding.
PLEDGE OF ALLEGIANCE OF THE FLAG: Deferred to Regular Council Meeting.
ROLL CALL:
Present: Committee Chair Ambriz, Committee Vice Chair Nelson, City Manager Waterman, Committee Member Borba
Absent: None
Staff Present: Finance Director Nicholas, Administrative Assistant Peralta APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Committee Vice Chair Nelson moved to approve the agenda as posted.
The motion was seconded by Committee Member Borba and the vote was: Ayes:
Nelson, Borba, Ambriz; Noes: None. The motion passed.
SUBSEQUENT NEED ITEMS:
None to report.
MINUTES:
September 25, 2023 — Regular meeting
MOTION: Committee Vice Chair Nelson moved to approve the minutes as listed.
The motion was seconded by Committee Member Borba and the vote was:
Ayes: Nelson, Borba, Ambriz; Noes: None. The motion passed.
Audit and Finance Committee Minutes for October 23, 2023 Page 2 FUNDING AND BUDGET MATTERS:
Treasurer's Report for the month ending September 30, 2023. (City Treasurer Borba) Committee Vice Chair Nelson asked for clarification on the fund balances, the red numbers on the reports, general fund capital budget, and the community facility districts.
Finance Director Nicholas provided clarification.
Committee Vice Chair Nelson asked about the health of the treasury and about the reserves.
City Manager Waterman provided clarification.
MOTION: Committee Chair Ambriz moved to approve the September 30, 2023 Treasurer's Report as listed. The motion was seconded by Committee Vice Chair Nelson and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Verbal presentation regarding 2nd Quarter 2023 Report on Sales Tax and Business Activity for the City of Atwater. (Finance Director Nicholas) Finance Director Nicholas updated Committee on the 2" Quarter 2023 Report on Sales Tax and Business Activity for the City of Atwater.
No action requested. Informational item only. -
COMMENTS FROM THE PUBLIC:
No one came forward to speak.
COMMITTEE MEMBER COMMENTS:
Committee Member Borba gave an update on his family and reported that his wife is doing well after having heart surgery.
Committee Vice Chair Nelson had nothing to report
Committee Chair Ambriz welcomed back Committee Member Borba and thanked him for his update and thanked staff for everything.
Audit and Finance Committee Minutes for October 23, 2023 Page 3 ADJOURNMENT:
Committee Chair Ambriz adjourned the meeting at 4:43 PM.
DANNY AMBRI
COMMITTEE CHAIR
By: Gisela Peralta
Recording Secretary
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
February 26, 2024
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:15 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Button
Staff Present: Interim City Manager Thompson, City Attorney Splendorio, Assistant City Clerk Martin
CLOSED SESSION: (Conference Room A)
Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (2) Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:17 PM. Closed Session was called to order at 5:20 PM.
Council Member Button joined Closed Session in Conference Room A.
Closed Session adjourned at 5:54 PM.
City Council Meeting Action Minutes for February 26, 2024 Page 2 REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Michael Giordano.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Council Member Danny Ambriz.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: None
Staff Present: Interim City Manager Thompson, City Attorney Splendorio, Police Chief Salvador, Finance Director Nicholas, Battalion Chief Ayuso, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council convened in Closed Session discussed one case, there are two cases listed but only was case was discussed received information, provided direction, and there was no reportable action.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Council Member Button moved to approve the agenda as posted. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
CEREMONIAL MATTERS:
Presentation of certificate of appreciation to Peggy Heller Elementary School for "Pennies for Presents"
City Council Meeting Action Minutes for February 26, 2024 Page 3 City Council Member Button and Police Chief Salvador made a presentation to Peggy Heller Elementary School for their contribution with “Pennies for Presents” to the City of Atwater Fire and Police Christmas Toy Drive.
PRESENTATIONS:
Presentation by Merced Sunrise Rotary regarding The Wall that Heals Aggie Freeman and Glenn Galman provided background information on this item.
Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
• Merced County met with Air Attack CAL Fire Chief regarding potential location of aviation firefighting base at Castle.
• Had negotiations with Deputy Sheriff details provided. • Was in Washington D.C. highlighting issues that are pertinent to Merced County, specific to National Parks.
• Spoke regarding Department of Finance and possible loss of awarded grant funding (claw backs).
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
Lesa Rasmussen spoke regarding the Atwater Bombers fall baseball club Use Agreement.
Jim Price spoke regarding warrants and funding matters.
Mayor Nelson closed the public comment.
MOTION: City Council Member Cale moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None.
The motion passed.
TREASURER’S REPORT:
1. January 31, 2024
ACTION: Acceptance of report as listed.
WARRANTS:
2. February 26, 2024
City Council Meeting Action Minutes for February 26, 2024 Page 4 ACTION: Approval of warrants as listed.
MINUTES: (Planning Commission)
3. December 20, 2023 – Regular meeting
ACTION: Acceptance of minutes as listed.
MINUTES: (City Council)
4. February 12, 2024 – Regular meeting
ACTION: Approval of minutes as listed.
AGREEMENTS:
5. Approving Use Agreement with Atwater Bombers Baseball regarding the Use of City Fields for Organized Baseball (Public Works Director Vinson) ACTION: Approval of a Use Agreement, in a form approved by the City Attorney, with Atwater Bombers Baseball for the use of Raymond Field, Darren Hershcler Field, Frank Reponte Field, and Miyake Field at Osborn Park for organized baseball; and authorizes and directs the City Manager, or his designer, to execute the Use Agreement on behalf of the City
6. Approving Use Agreement with Atwater Youth Soccer regarding the Use of City fields for Organized Soccer Activities (Public Works Director Vinson) ACTION: Approval of a Use Agreement, in a form approved by the City Attorney, with Atwater Youth Soccer for the use of Veterans Park Football/Soccer Field and Joan Faul Soccer Fields for organized soccer; and authorizes and directs the Interim City Manager, or designee to execute the Use Agreement on behalf of the City.
PUBLIC HEARINGS:
Public Hearing to receive the 2023 Military Equipment Use Report for the Police Department (Police Chief Salvador)
Mayor Nelson opened the public hearing.
Police Chief Salvador provided background information on this item.
No one came forward to speak.
Mayor Nelson closed the public hearing.
City Council Meeting Action Minutes for February 26, 2024 Page 5 MOTION: Mayor Pro Tem Raymond moved to Accept the Military Equipment Use Report from the Atwater Police Department pursuant to AB481. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Approving Resolution No. 3445-24 which Adopts the Mid-Year Budget Revenue and Expenditure Adjustments for Fiscal Year 2023-24 (Finance Director Nicholas) Finance Director Nicholas provided a PowerPoint presentation and background information on this item.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Jim Price spoke regarding funding matters and electric vehicles.
Linda Dash spoke regarding budget and public works.
No one else came forward to speak.
MOTION: City Council Member Button moved to adopt Resolution No. 3445-24 approving Budget Amendment No. 9 amending the Fiscal Year 2023- 2024 Budget regarding revenue and expenditure adjustments based upon mid-year analysis.
The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes:
Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
Approving Amendment to Employment Agreement and Amending City of Atwater Classification Plan relating to City Manager (City Attorney Splendorio) City Attorney Splendorio Thompson provided background information on this item.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Mary McWaters spoke regarding the job classification.
Jim Price spoke regarding job classification and Municipal Code.
Gabe Santos spoke regarding job classifications.
City Attorney Splendorio and Human Resources Director Sousa spoke regarding various public comments and questions.
MOTION: City Council Member Button moved to approve Employment Agreement Amendment with Greg Thompson and authorize and direct the Mayor to execute the Agreement on behalf of the City; and adopt Resolution No. 3446-24 amending
City Council Meeting Action Minutes for February 26, 2024 Page 6 the City of Atwater Classification Plan relating to City Manager. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Button, Nelson; Noes: Ambriz, Raymond; Absent: None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
Interim City Manager Updates
Interim City Manager Thompson reported the following:
• Interim City Manager Thompson spoke regarding HCD funds. • Reported regarding an encampment resolution funding opportunity with the County of Merced.
• Police Chief Salvador spoke regarding a program to help prevent vehicle theft.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened public comment.
Linda Dash spoke regarding staff working together.
Christan Santos, Field Representative for Congressman John Duarte, provided an update regarding Congressman Duarte’s office.
Ron Daugherty spoke regarding traffic lights.
Jim Price spoke regarding the Citizens Oversight Committee.
Gloria Avalos spoke regarding traffic on Olive Avenue.
Gabe Santos spoke regarding a recent vehicle accident.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Button welcomed Atwater Bombers and spoke regarding traffic at 5 corners.
City Council Meeting Action Minutes for February 26, 2024 Page 7 Mayor Pro Tem Raymond had nothing to report.
City Council Member Ambriz had nothing to report.
City Council Member Cale congratulated Peggy Heller for raising funds for the Toy Drive and thanked the Finance department for a great update.
Mayor Nelson spoke regarding the General Plan Update Workshops and locations.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 7:46 PM.
________________________________
JANELL MARTIN
ASSISTANT CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 11, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager
PREPARED
BY:
John Seymour, City Engineer
SUBJECT: Approving Amendment to Professional Services Agreement with Mark Thomas and Company for the Preparation of Environmental Documentation for the Bellevue Road Rehabilitation and
Realignment Project (Interim City Manager Thompson)
RECOMMENDED COUNCIL ACTION
Approves Amendment No. 1 to the Professional Services Agreement in a form approved by the City Attorney, with Mark Thomas and Company of Fresno, California for the preparation of the environmental documentation for the Bellevue Road Rehabilitation and Realignment Project for an amount not to exceed $150,958.00; and authorizes the Interim City Manager, or designee, to execute the agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
Measure V is a county-wide, half-cent Transportation Sales Tax Measure approved by Merced County voters in November 2016, under which MCAG is authorized to administer the proceeds. The voter-approved Transportation Expenditure Plan programs 44% of funds for Regional Projects, 50% of funds for Local Projects (at least 20% of which must be set aside for Alternative Modes Projects), 5% of funds for Transit, and 1% of funds for administration. Voters authorized the Measure V Transportation Sales Tax for 30 years, terminating on March 31, 2047. Funding is provided from the State Board of Equalization (BOE) to MCAG, which in turn distributes the allocated funds.
The 44% of funds allocated for Regional Projects is further divided into an Eastside share of 27% and a Westside share of 17%, with the dividing line between the two being the San Joaquin River. Two committees were established to recommend Regional Projects. The Eastside Regional Projects Committee and the Westside Regional Projects Committee each consist of one councilmember from each city within the jurisdiction and each County Supervisor whose district includes area east or west of the river. The Regional Projects Committees make recommendations to the MCAG Governing Board, which has authority to oversee funds.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Approving Amendment to Professional Services Agreement with Mark Thomas and Company for the Preparation of Environmental Documentation for the Bellevue Road Rehabilitation and Realignment Project (Interim City Manager Thompson) Page 2
After adopting new Regional Projects Policies on April 15, 2021, MCAG issued the Measure V Call for Projects for the 2021 Implementation Plan on April 30, 2021 with an application deadline of August 31, 2021. The East Side Regional Projects Committee met twice in October 2021 to discuss Regional Project Candidate Evaluation Forms, projects programming, and projected revenues and cash flows, then approved project funding recommendations to be made to the MCAG Governing Board at their regular meeting of November 18, 2021. The project was included in the funding recommendations made by the East Side Regional Projects Committee and approved unanimously by the MCAG Board.
Following approval of the Regional Projects Committees’ recommendations, a Draft Measure V 2021 Implementation Plan was presented by staff to the MCAG Board at public hearing on December 16, 2021. The MCAG Governing Board unanimously adopted the Measure V 2021 Implementation Plan with no changes to the draft plan.
The adopted Measure V 2021 Implementation Plan includes programmed expenditure for the Bellevue Road Rehabilitation and Realignment Project, described as follows:
"$200,000 for a project study report. This is a multi-jurisdiction project of the City of Atwater and the County of Merced. It would realign and reconstruct a portion of Bellevue Road between Grove Avenue and Parade Street immediately west of the City of Atwater. This project was programmed in the 2021 update."
MCAG staff developed a Draft Master Measure V Regional Project Funding Agreement and refined it with input from member agencies. The City of Atwater approved the Master Measure V Regional project Funding Agreement at its regular meeting of the City Council on December 10, 2018. The Measure V Regional Project Funding Agreement (project specific) includes an estimated project completion date, requires the initiation of consultant contracts and/or start of construction within six (6) months from the execution date of the agreement, and requires MCAG to receive and process invoices for member agency reimbursement within thirty (30) days.
On January 10, 2022, City Council adopted Resolution No. 3276-22 approving budget amendment No. 18 and amending the Fiscal Year 2021-22 Budget to establish a budget within the Measure V regional Fund for the preparation of the PSR-E for the Bellevue Road project.
The City entered into an professional services agreement with Mark Thomas and Company on August 22, 2022 to perform a project study report/project development support for the Bellevue Road Realignment project. The Final PSR-PDS was approved by Atwater City Council on October 9, 2023. On November 13, 2023 the City of Atwater entered into an agreement with De Novo Planning Group to provide environmental services for the Bellevue Road Re-alignment project. An amendment to Mark Thomas and Company Scope is necessary to provide supporting documents including but not
Agenda Report - Approving Amendment to Professional Services Agreement with Mark Thomas and Company for the Preparation of Environmental Documentation for the Bellevue Road Rehabilitation and Realignment Project (Interim City Manager Thompson) Page 3
limited to cost estimates, traffic modeling, and right of way estimates for the environmental study.
II. FISCAL IMPACTS:
Sufficient funding for this service is available in the Fiscal Year 2023-24 Budget General Fund. General Plan Update, Professional Services expense, account number 1041- 4010-3030.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with the Major Regional Transportation Improvement Projects identified on page 3-11 of the Circulation Element in the 2000 General Plan.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been routed to all internal departments.
VII. PUBLIC PARTICIPATION:
The project was presented at City Council on 8/23/2021, 1/10/2022, and 8/22/2022 and at a multi-agency town hall 5/30/2023. Stakeholders meeting was hosted by the City of Atwater on 02/03/2022 with invited representatives from Dole International and the County of Merced.
VIII. ENVIRONMENTAL REVIEW:
This item will support the environmental study currently underway by De Novo Planning Group.
IX. STEPS FOLLOWING APPROVAL:
Following the City Council's approval of this item, the Interim City Manager will execute the Contract Amendment with Mark Thomas and begin work on the scope as outlined in the consultants' proposal.
Submitted and Approved by:
Greg Thompson, Interim City Manager
Agenda Report - Approving Amendment to Professional Services Agreement with Mark Thomas and Company for the Preparation of Environmental Documentation for the Bellevue Road Rehabilitation and Realignment Project (Interim City Manager Thompson) Page 4
Attachments:
1. Mark Thomas & Company, Inc. 8-22-22 Professional Services Agreement
2. Mark Thomas Contract Amendment No. 1 Bellevue Realignment_Reconstruction Project
3. Schedule - Atwater Bellevue Road PA-ED_2024-02-28
PROFESSIONAL SERVICES AGREEMENT BETW EEN
THE CITY OF ATWATER AND MARK THOMAS & COMPANY, INC. (PROFESSIONAL) THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation ("City") and Mark Thomas & Company, Inc. ("Professional") as of August 22, 2022 (the "Effective Date"). City and Professional shall be referred to herein separately as a "Party" and collectively as "Parties".
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit 8,, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall remain in effect until cancelled by either Party or amended by the Parties.
Professional shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in· the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a professional and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving written notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City's request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $190,091.16, notwithstanding any contrary indications that may be contained in Professional's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
between this Agreement and Professional's fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, ·Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
• The Professional's signature; and
• Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
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 8.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit 8, and shall not exceed the amount describe therein. Expenses not listed in Exhibit 8 are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2. 7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.
City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional's insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker's Compensation and Employer's Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured's general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
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:
4.4 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.
All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense).
4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
• 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 5.2
5.3 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.
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.
Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional's duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
Section 6.
6.1 6.2
Section 7.
STATUS OF PROFESSIONAL.
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.
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.
LEGAL REQUIREMENTS.
7.1 7.2
7.3 Governing Law. The laws of the State of California shall govern this Agreement.
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.
Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon 30 days' prior written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
Page10of16
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the services required by this Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City ("Confidential Information") or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.
Section 10. KEEPING AND STATUS OF RECORDS.
10.1 Records Created as Part of Professional's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
10.2 Professional's Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.
10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 11. MISCELLANEOUS PROVISIONS.
11.1 Attorneys' Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11. 7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
11.9 Contract Administration. This Agreement shall be administered by Lori Waterman, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
11.10 Notices. Any written notice to Professional shall be sent to:
Mark Thomas & Company, Inc.
Attn: Ed Noriega, Division Manager - Fresno
7571 North Remington Avenue, Suite 102
Fresno, CA 93711
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:
City of Atwater
Attn: Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the fee schedule attached hereto and incorporated herein as Exhibit ~. represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W9 to the City before execution of this Agreement. The City's Finance Director shall have authority to waive this requirement.
[signatures on the following page]
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY PROFESSIONAL
Lori Waterman, City Manager
Attest:
Approved as to Form:
<~·~
~i-la, City Attorney
Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
EXHIBIT A
SCOPE OF WORK
1.0 PROJECT ADMINISTRATION
1.1 Team Management/Coordination
Mark Thomas will manage the project team, which includes Mark Thomas, Fehr & Peers, GPA and Monument ROW. Mark Thomas's Project Manager will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task will include managing the team, coordinating with the City of Atwater (City) and Merced County (County), and includes preparing contract paperwork, memos, letters and e-mail, making phone calls and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through submittal of the key final project deliverables, and concludes when the project's Project Study Report - Project Development Support (PSR- PDS) is signed.
1.2 Meeting and Coordination
This Task will include coordinating and scheduling meetings, periodically checking in on subconsultant progress, assisting in communication between team members, City, County, and other entities, and planning ahead for milestones requiring joint project team effort. Mark Thomas will attend a project kickoff meeting with the City and hold 3 PDT meetings and 3 coordination meetings in person or by phone with City staff to keep the project on track. The meetings will be centered on key project milestones.
1.3 Quality Control
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of required plan checks (who, what, when), design checklists, and methods of project documentation. Mark Thomas will use their QA/QC manual as a guide to ensure the highest engineering quality possible.
1.4 Risk Register
A Risk Register will be prepared for the project which will transfer risks to future project phases. Mark Thomas will work with the PDT to jointly identify risks and define probability, severity, impacts, and ownership of each risk. Two iterations of the Risk Register are assumed.
TASK 1 DELIVERABLES:
• Project Schedule with monthly updates
• Monthly invoices and progress reports
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
• Meeting Agendas and Minutes for Kickoff Meeting, 3 PDT Meetings and 3 Coordination Meetings • Draft and Final Risk Register
2.0 PERFORM INITIAL ENGINEERING ANALYSIS
Mark Thomas will perform a PSR-level engineering analysis for the project, with specific tasks outlined below:
2.1 Data Collection
Mark Thomas will gather and review available existing information and reports relevant to the project site, history, and planning context from the City, County, Merced Irrigation District (MID), and Dole Corporation. These may include as-built plans, utility maps, City planning documents, previous study reports, or local and regional funding plans. This data will be reviewed and incorporated in the PSR-PDS document. This task also includes project site visits to evaluate existing conditions. Up to 3 site visits are included.
2.2 Identify Design Alternatives
Mark Thomas will prepare up to 2 alternatives or design variations for the project. Typical Cross Sections will be prepared for up to 4 locations. Any potential design exceptions will be identified which will be discussed with the City. The non-standard features will be documented in a risk assessment and included in the PSR-PDS.
2.3 Order-of-Magnitude Capital Cost Estimate
Mark Thomas will prepare an order-of-magnitude capital cost estimate for each alternative or design variation to be used for long-range planning purposes only. A range of cost will be developed based on the available information. The cost estimates will be in the PSR-PDS Capital Outlay Project Estimate format provided in the PDPM.
2.4 Order-of-Magnitude Right of Way Cost Estimate
Mark Thomas will identify the number of parcels and areas of potential right of way acquisitions for each alternative or design variation. Utility involvement will be determined. This information will be used to prepare the Conceptual Cost Estimate - Right-of-Way Component intended for long-range planning purposes only.
2.5 Stormwater Documentation
Mark Thomas will prepare the Evaluation Documentation Form to determine if there will be any significant impacts to the project alternatives, right-of-way needs, or project costs due to the need to incorporate treatment BMPs for compliance with stormwater requirements. The Evaluation Documentation Form found in PPDG Appendix E will be used to document the need to incorporate treatment BMPs in a PSRPDS.
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
TASK 2 DELIVERABLES:
• Up to 2 Geometric Layouts
• Up to 4 Typical Cross Sections per alternative
• Up to 2 PSR-PDS Capital Outlay Cost Estimates
• Up to 2 Conceptual Cost Estimate Right of Way Component • Evaluation Documentation Form
3.0 TRAFFIC ENGINEERING PERFORMANCE ASSESSMENT (TEPA)
The following is an excerpt from the PSR-E guidelines that form the basis of the TEPA assumptions and approach:
To provide sufficient traffic data to support the development of the project purpose and need and to determine the project benefits and impacts for the future environmental document, the following assumptions are made:
TEPA Analysis Years and Study Periods
• Analysis Years: Existing (2022) conditions, and Design Year (2045-2050) • Study Periods: Weekday AM peak hour (highest one-hour volume between 7-9 AM) & Weekday PM peak hour (highest one-hour volume between 4-6 PM)
Study Area
Based on the location of the project and the potential to impact local traffic operations, the following 6 existing intersections are proposed to be evaluated.
• Westside Boulevard/SR 99 Southbound Ramps
• Westside Boulevard/SR 99 Northbound Ramps
• Westside Boulevard/Olive Avenue
• Westside Boulevard/Vine Avenue
• Westside Boulevard/North Winton Way
• Atwater Boulevard/SR 99 Northbound Ramps
In addition to the 6 intersections listed above, up to 3 additional intersections will be evaluated in coordination with County and City of Atwater staff to establish the purpose and need of the project.
This scope proposes to analyze three alternatives: No Build Alterative and two Build Alternatives.
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
3.1 TEPA Assumptions and Methodology Memorandum
Fehr & Peers will prepare the District 10 required Traffic Methodology Memorandum that describes the study area, time periods to be evaluated, extent of data collection, and level of documentation anticipated to support the Traffic Engineering Performance Assessment. It is assumed that the approach and methodology would be tailored for an analysis of a project required to be analyzed for a 20-year design life. This memorandum will be submitted to the City and County for review and approval.
3.2 Analyze Traffic Operations for Existing Conditions
The sections below describe the data collection methods. It is assumed that available historical data will be used for this effort. If no data available, multi modal peak hour counts will be collected for the study intersections.
Collision Data
Collision data for the Bellevue Road study corridor for the most recent three-year period will be summarized from the Statewide Integrated Traffic Records System (SWITRS) database and the Caltrans Traffic Accident Surveillance and Analysis System (TASAS) database.
Signal Timing Data
Signal timing and phasing data for each of the signalized study intersections will be obtained from the City of Atwater.
Field Reconnaissance
Fehr & Peers will perform field reconnaissance to collect lane configurations, turn pocket lengths, speed limits, and supplemental intersection signal timing/phasing information within the study area. Fehr & Peers will also perform weekday AM and PM observations at each study intersection to identify the extent of existing congestion and queues.
Existing Operations Analysis
A weekday AM and PM peak hour existing conditions Synchro 11 model for up to nine study intersections will be developed. Synchro 11 provides results consistent with the Transportation Research Board's Highway Capacity Manual (HCM) 6th Edition methodology. A Draft Existing conditions report will be prepared and submitted summarizing the data collection and existing traffic operations analysis results. After submitting the Draft Existing Conditions Report we will respond to one round of written comments and prepare the Final Existing Conditions Report.
3.3 Forecast Travel Demand Volume
Traffic data from the Three-County Regional Transportation Plan / Sustainable Communities Strategy (RTP / SCS) Air Quality Conformity Model that was recently applied for the SR 59 Widening & Black Rascal Creek Bridges PA/ED will be used to develop an annual peak hour and daily volume growth rate. The model currently assumes that Bellevue Road is connected. Therefore, design year traffic Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
forecasts under With Project conditions will be prepared for the intersections listed above based on the annual growth factor. Design Year No Project forecasts will be developed through manual redistribution of With Project forecasts assuming Bellevue Road is disconnected.
Forecast volumes will be delivered to the project team in a tabular format as an initial step for review and discussion. Final forecast volumes for inclusion in the TEPA will be provided in a graphical format.
3.4 Alternatives Development, Analysis and Refinement
Fehr & Peers will collaborate with the project team to develop and refine up to two (2) build alternatives.
The traffic forecasts and roadway network assumptions developed in the previous task will be used to update the existing conditions Synchro models (AM and PM peak hour) for No Project and With Project conditions for the design year. The No Project and With Project Synchro models will include the same intersections evaluated under Existing Conditions.
3.5 Traffic Engineering Performance Assessment (TEPA)
Fehr & Peers will prepare a Traffic Engineering Performance Assessment (TEPA) summarizing the traffic operational analysis results for the project. At a minimum, as required by the PSR/PDS guidelines, the TEPA will also include a preliminary scope of work for the traffic engineering studies to be completed in the PA&ED phase. The preliminary scope of work will be developed in consultation with Caltrans.
Fehr & Peers will prepare an Administrative Draft Report for review. We will address all written comments and prepare a draft report for submittal to City and County. Fehr & Peers will meet with the project team, as necessary, to discuss the draft report, address all written comments, and prepare the Final TEPA for approval by City and County.
TASK 3 DELIVERABLES
• Draft Approach and Methodology Memo
• Final Approach and Methodology Memo
• Draft Traffic Engineering Performance Assessment Report (TEPA) • Final Traffic Engineering Performance Assessment Report (TEPA)
4.0 MINI-PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT EQUIVALENT
4.1 Preliminary Investigations and Database Searches
At project initiation, GPA will complete preliminary investigations to support project initiation, including database searches for various biological, cultural and historic, and hazardous materials resources, and a "windshield" survey of the project area to identify areas of potential environmental constraints and opportunities, and confirm the environmental topic areas requiring technical evaluation, and the Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
anticipated level of environmental document and determination. Notifications to Native American Tribes pursuant to AB 52 would also be completed during this time.
It is assumed that the project will not be processed through Caltrans Capital Projects division. GPA will prepare a Preliminary Environmental Analysis that will be an attachment within the PSR-PDS.
4.2 Mini-PEAR Equivalent
To support the Project Initiation Document (PIO) phase, GPA will prepare a Mini Preliminary Environmental Assessment Report (PEAR), consistent with the Caltrans Standard Environmental Reference (SER). The document will include all of the required sections and attachments for a PEAR, including a project description; existing conditions and special environmental considerations; anticipated environmental permits, approvals, and commitments; the anticipated level of environmental review, including technical studies and the level of environmental documentation to comply with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA); and a PEAR environmental studies checklist, cost estimates, and schedule.
The PEAR technical summaries will be supported by more detailed environmental analyses, through preparation of the below mentioned technical memoranda, which will be prepared with the most current design information available. While the technical analyses will be based on the most currently available design concepts, a thorough analysis, to the extent feasible, will help streamline the project as it moves forward.
GPA will coordinate with the project engineers to collect design information necessary to initiate the environmental process. Once the design information is available, GPA will prepare a project description appropriate for use in the PEAR. GPA will perform research, including windshield surveys, reviews of applicable planning documents, and database searches, to complete the PEAR in accordance with the Caltrans SER. The PEAR will focus on the environmental issues most likely to affect project scope, schedule, and cost. The PEAR GPA will finalize and submitted to the City for approval as part of the PSR-PDS.
TASK 4 DELIVERABLES
• Database Search Results
• Mini-Preliminary Environmental Analysis Report Equivalent • AB 52 Tribal Notifications
5.0 PROJECT STUDY REPORT - PROJECT DEVELOPMENT SUPPORT (PSR-PDS) Mark Thomas will prepare the PSR-PDS document using available information, using the PSR-PDS template for State Transportation Improvement Program (STIP) projects and projects-funded-by-others provided in the PDPM, with specific tasks outlined below:
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
5.1 Define Purpose and Need
Mark Thomas, City, and Caltrans will develop the project Purpose and Need statement. It is assumed that one brainstorming workshop will be held with Mark Thomas, City, and County. Mark Thomas will prepare a Purpose and Need Statement that will be reviewed and approved by the City and County, assuming up to 2 iterations.
5.2 Supplemental Documentation
Supplemental checklists and forms will be required for the approval of the PSR-PDS, which includes the Design Scoping Index, Transportation Planning Scoping Information Sheet, Survey Needs Questionnaire, and Division of Engineering Services PSR-PDS Scoping Checklist.
5.2.1 Design Scoping Index
Mark Thomas will prepare a draft Design Scoping Index based on the available information to be part of the project file. Mark Thomas will provide information related to design features.
5.2.2 Transportation Planning Scoping Information Sheet Mark Thomas will prepare a draft Transportation Planning Scoping Information Sheet based on the available information to be attached to the PSR-PDS.
5. 2. 3 Survey Needs Questionnaire
Mark Thomas will prepare a draft Survey Needs Questionnaire based on the available information to be part of the project file. It is assumed that as-built information and right of way record maps will be available to Mark Thomas in order to establish the project datums.
5.2.4 Division of Engineering Services (DES) Scoping Checklist Mark Thomas will prepare a draft Scoping Checklist based on the available information for submittal to be part of the project file. The intent of the checklist is to gather as much information as possible on the alternatives for the PDT to accurately identify the review effort needed during PA-ED and PS&E phases. A summarized project description paragraph will be provided for each alternative.
5.3 PSR-PDS
Mark Thomas will prepare the PSR-PDS document in accordance with Chapter 9 and Appendix S of the Caltrans PDPM.
TASK 5 DELIVERABLES
• Draft and Final Purpose and Need Statement for Review and Approval by City and County • Draft Design Scoping Index
• Draft Transportation Planning Scoping Information Sheet • Draft Survey Needs Questionnaire
• Draft Division of Engineering Services Scoping Checklist Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
• Admin Draft, Draft, and Final PSR
6.0 RIGHT-OF-WAY
6.1 Right of Way Cost Estimate and Data Sheet
Monument will prepare a right-of-way cost estimate and Caltrans ROW Data Sheets to all applicable state standards. Monument will evaluate the potential right-of-way requirements, affected parcels and associated capital costs related to each alignment alternative under consideration project. As such, the following Scope of Work itemizes the tasks and deliverables that will be performed by Monument. • Take an inventory of the affected properties for each selected option. • Using public Assessor's Roll information, investigate the ownership, lot size, and building size of each affected property.
• Visually inspect each property (exterior street view) and evaluate effects of proposed acquisition.
List all
businesses on each property and the approximate space they occupy. • Sort each property into product types to determine the universe of real estate data sets to research and create valuation data sets for each product type. • Prepare an estimate of the probable cost of each full property acquisition or the cost of each partial
acquisition (plus damages) using the data sets created and utilizing our various real estate value data bases.
• Prepare an estimate of the probable relocation assistance exposure for each residential or nonresidential occupant located on each property. • Prepare an estimate of the immoveable fixtures and equipment associated with each business property.
• Prepare an estimate of the total probable loss of business goodwill attributable to each operating business.
• Prepare an estimate of the inspection and demolition costs associated with delivering each cleared site.
• Prepare an estimate of the total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition and relocation agents, title/escrow, and legal services).
• Ascertain the estimated cost for potential utility relocations from the design engineer and/or utility coordinator (preparing a cost estimate for utility relocations is excluded from Monument's scope of work).
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
The scope of work will be performed and delivered in the form of a report containing a description of the project areas studied, a summary of total probable costs of the study area itemized by major component and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets will contain a parcel-by-parcel breakdown of all probable costs.
If the acquisition program is to be phased or determined to be implemented at a future date, formulized spreadsheets will be created which apply the appropriate cost escalation factors to reflect the projected schedule.
The final cost information determined from the accumulation of data will then be transferred into the appropriate format for application to the Right of Way Data Sheets, or other format required by the project.
TASK 6 DELIVERABLES
• Right of Way Cost Estimate
• Right of Way Data Sheet Report
OPTIONAL TASKS
1.1 Aerial Topographic Survey and Mapping
O'Dell Engineering will assist in the Bellevue Road Realignment Project of approximately 1.5 mile-long design of a 4-lane arterial road in the City of Atwater, CA.
Mapping Limits
Mapping Limits will be along Bellevue Road from Grove Avenue to the MID Canal and south along Bellevue Road that captures the area shown in the alignment exhibit within the RFP. MCAG GIS data for the public road right of way will be used to supplement the aerial mapping. a) Establish ground-based aerial target panels at 18 locations. b) Perform field surveys to precisely locate all aerial target panels. c) Obtain nadir photography at an appropriate scale to develop aerial base mapping and orthophotography.
d) Post-process nadir photography to develop a DTM suitable for preparing 1-foot minor contours. e) Prepare planimetric base mapping from aerial photography at 1"=40' scale. f) Perform ground-based field and office surveys as necessary to confirm accuracy of aerial mapping products.
g) Prepare orthorectified color mosaic background image with nominal 0.25-foot per pixel resolution.
Ground Infill Survey
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
a) Provide two (2) eight (8) hour days of a 2-person field crew and related office support for ground surveys to supplement aerial topographic mapping. Supplemental surveying will be on the same coordinate system as aerial mapping.
TASK DELIVERABLES:
• Digital copy of the topographic survey in AutoCAD Civil 3D 2020 format.
1.2 Preliminary Geotechnical Engineering Services
Coordination and preliminary review
Crawford and Associates, Inc. (Cai) will make a site visit of the project and immediate adjacent areas to observe site features for comparison with geology shown on published maps and to help evaluate the presence of possible geologic hazards at the project site. • Coordinate with the design team to review the preliminary plans and discuss the project design needs, goals, and schedule.
• Visit the site to determine and mark our boring locations for Underground Service Alert (USA). • Obtain the required boring permit.
• Schedule the drilling subcontractor, private utility locator and field staff.
Document Review and Evaluation
Cai will review the following:
• Caltrans log of test borings and foundation reports for the SR 99 and Westside Blvd Overcrossing structure and the SR 99 and Atwater Blvd Undercrossing structure; • MID Canal at Bellevue Road crossing soil information; • published geologic and fault maps of the site area;
• California Geological Survey publications regarding seismically induced ground accelerations at the site, and earthquake magnitudes for nearby faults;
• FEMA flood maps of the area (if available);
• nearby water well data available in the California Department of Water Resources database; • aerial photographs of the area; and
• United States Department of Agriculture web soil survey.
We will perform a general evaluation of the potential geologic/geotechnical design considerations for proposed roadway improvements using published data and based on our preliminary field explorations.
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
Subsurface exploration
For this preliminary phase, CAi will complete two to three auger borings to depths ranging from 25 to 35 ft deep between Grove Avenue to Atwater Canal. The auger borings will be used to determine the underlying soil and groundwater conditions for project planning. Additional borings will be required during future phases of the project to provide design level recommendations.
Our Engineer/Geologist will direct the sampling and log the borings. We will deliver the samples to the laboratory for testing. Visual soil classification will be performed on all samples. Auger locations will be backfilled per the environmental health permit requirements.
During our fieldwork we will observe and note the existing pavement surface conditions.
Based on review of the alignment, we expect that the borings can be drilled within public right-of-way and traffic control with consist of shoulder closer with signs/cones (without flaggers).
Laboratory testing
Cai will perform laboratory tests on representative soil samples obtained from the exploratory borings which may include:
• Moisture Density;
• Grainsize analysis and plasticity index; and
• R-Value.
Preliminary Geotechnical/Materials Report
The report will include preliminary conclusions and recommendations for the roadway project elements associated with reconstruction/realignment consistent with current Caltrans guidelines/format. The Preliminary Geotechnical/Materials Report for this project phase will include the following. • Project and site description;
• Physical Setting (e.g., climate, topography & drainage); • Regional and local geology, and soil survey mapping;
• Summary of existing geotechnical explorations;
• Summary of subsurface exploration and subsurface conditions; • Existing pavement surface observations;
• Preliminary Infiltration rates based on borings and soil classifications; • Laboratory test results;
• Site Seismicity;
• Geologic/Geotechnical Considerations: Faulting, seismic ground motions, liquefaction, landslides and slope stability, land subsidence, compressible soil, expansive soil, flooding; • Structural pavement section recommendations;
• Preliminary conclusions regarding geological/geotechnical conditions at the project site with Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
respect to proposed improvements;
• Recommended future exploration and laboratory testing; • Risk management and limitations;
• Vicinity and Site Map, Geologic Map, Soil Survey Map and Fault Map. • Site Plan with boring locations; and
• Boring logs with laboratory test results.
TASK DELIVERABLE:
• Preliminary Geotechnical/Materials Report
Exhibit A to Professional Service Agreement between
City of Atwater and Mark Thomas & Company, Inc
August 22,2022
EXHIBIT B
FEE SCHEDULE
....... MARK t ~ = ~
i i :t ~ ~ . '6 ::! TOTAL COST
THOMAS ~ i i,
~
Total Total MT ttl ~ • i 2: i ,5 Haun Cost
.. 2:
~ i "[ C i o!I :, .. 0: z
! "! ... '! :,: "' 0 .:i . .. 0 I:! "' 2:
$267 $183 $158 $120 $91 Non-DBE DBE DBE
LO PROJECT ADMINSTRA TION
1.1 T earn Manaaement/Coordination 24 24 16 64 $11656.00 $0.00 $4,870.40 $0.00 $16 526.40
1.2 Meetinas and Coordination 12 16 28 $5 732.00 $0.00 $6 721.68 $0.00 $12 453.68
1.3 Qualitv Management Plan 5 16 16 37 $6 791.00 $0.00 $0.00 $0.00 $6 791.00
1.4 Risk Rezister 8 16 24 $4.664.00 $0.00 $0.00 $0.00 $4664.00 Subtotal Phase 1 49 16 72 0 16 153 $28 843.00 $0.00 $11592.08 $0.00 $40 435.08
2.0 PERFORM IMTIAL ENGIMEERING ANALYSIS
2.1 Data Collection 24 24 48 $6672.00 $0.00 $0.00 $0.00 $6 672.00
2.2 ldentifv Design Alternatives 4 24 80 108 $14460.00 $0.00 $0.00 $0.00 $14460.00
2.3 Order-Of-Magnitude Caoital Cost Estimate 1 8 24 33 $4 411.00 $0.00 $0.00 $0.00 $4 411.00
2.4 Order-Of-Maonitude Rioht of Wav Cost Estimate 1 8 16 25 $3 451.00 $0.00 $0.00 $0.00 $3 451.00
2.5 Stormwater Documentation 1 16 16 33 $4 715.00 $0.00 $0.00 $0.00 $4 715.00 Subtotal Phase 2 7 0 80 160 0 247 $33 709.00 $0.00 $0.00 $0.00 $33 709.00
3.0 TRAFRC ENGIMEERING PERFORMANCE ASSESSMENT fTEPA
3.1 TEPA Assumotions and Methodoloav Memorandum 1 1 2 $425.00 $6 536.00 $0.00 $0.00 $6 961.00
3.2 Analvze Traffic Operations for ExistinR Conditions 1 1 2 $425.00 $12135.00 $0.00 $0.00 $12 560.00
3.3 Forecast Travel Demand Volume 1 1 2 $425.00 $5 759.00 $0.00 $0.00 $6184.00
3.4 Alternatives Development Analysis and Refinement 1 1 2 $425.00 $5 759.00 $0.00 $0.00 $6184.00
3.5 Traffic Engineering Performance Assessment {TEPA) 1 1 2 $425.00 $9 776.00 $0.00 $0.00 $10 201.00 Subtotal Phase 3 5 0 5 0 0 10 $2125.00 $39 965.00 $0.00 $0.00 $42 090.00
4.0 MINI.PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT EQUIVALENT
4.1 Preliminary Investigations and Database Searches 1 1 2 $425.00 $0.00 $0.00 $0.00 $425.00
4.2 Mini-PEAR Eauivalent 1 1 2 $425.00 $0.00 $39,148.08 $0.00 $39 573.08 Subtotal Phase 4 2 0 2 0 0 4 $850.00 $0.00 $39148.08 $0.00 $39 998.08 s.o PROJECT STUDY REPORT • PROJECT DEVELOPMENT SUPPORT !PSR-PDS
5.1 Define Purpose and Need 2 4 8 14 $2126.00 $0.00 $0.00 $0.00 $2126.00
5.2 Supolemental Documentation 0 $0.00 $0.00 $0.00 $0.00 $0.00
5.2.1 Design Scoping ndex 1 4 8 13 $1,859.00 $0.00 $0.00 $0.00 $1859.00
5.2.2 Transooration Plannina scooina Information Sheet 1 4 8 13 $1859.00 $0.00 $0.00 $0.00 $1859.00
5.2.3 Survey Needs Questionnaire 1 4 8 13 $1859.00 $0.00 $0.00 $0.00 $1859.00
5.2 . .ll Division of Enaineerina Services CDESl Sconina Checklist 1 4 8 13 $1859.00 $0.00 $0.00 $0.00 $1859.00
5.3 PSR-PDS 16 40 60 116 $17 792.00 $0.00 $0.00 $0.00 $17792.00 Subtotal Phase 5 22 0 60 100 0 182 $27 354.00 $0.00 $0.00 $0.00 $27 354.00
6.0 I RIGHT-OF-WAY
6.1 I Right of Way Cost Estimate and Data Sheet 1 1 2 $425.00 $0.00 $0.00 $5,920.00 $6 345.00 Subtotal Phase 6 20 0 53 84 0 2 $425.00 $0.00 $0.00 $5 920.00 $6 345.00 TOTAL HOURS 86 16 220 260 16 598
OTHER DIRECT COSTS $0.00 $0.00 $0.00 $160.00 $160.00
TOTAL COST $22,962.00 $2,928.00 $34,760.00 $31,200.00 $1,456.00 $93,306.00 $39,965.00 $50,740.16 $6,080.00 $190,091.16 Exhibit B to Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2023
Engineering Surveying
Design Engineer I $88 - $145 Surveyor $109- $155
Design Engineer II $109 - $177 Sr. Surveyor $123 - $187 Project Engineer $147 - $184 Project Surveyor $144 - $219 Sr. Project Engineer $158 - $216 Sr. Project Surveyor $167 - $226 Sr. Technical Engineer $158 - $216 • Single Chief $153 - $203 Technical Lead $182 - $248 • Single lnstrurnentrnan $144 - $181 Sr. Technical Lead $217 - $316 • Single Chainrnan $135 - $177 Engineering/Design Manager $282 - $361 ' Apprentice $81 - $139 Sr. Engineering Manager $311 - $452 • 1 Person Field Crew $153 - $203 • 2 Person Field Crew $288 - $407
Construction Management • 3 Person Field Crew $369 - $584 Office Engineer $109 - $207
• Asst. Resident Engineer $155 - $284 Technicians
• Inspector - CM $150 - $284 Intern $47 - $103
RE/Structural Representative $205 - $345 Technician/Office/Survey Technician $62 - $129 Area Manager - CM $308 - $452 Sr. Technician/Survey Technician $91 - $177 Lead Technician/Survey Technician $123 - $200
Planning
Planner I $82 - $106 Project Management & Oversight
Planner II $106 - $132 Project/Survey Manager $182 - $258 Sr. Planner $120 - $165 Sr. Project/Survey Manager $217 - $345 Division Manager $244 - $381
Landscape Architecture/Urban Design Principal $390 - $461 Landscape Designer I $76 - $113
Landscape Designer II $94 - $142 Project Support
Landscape Architect $109 - $190 Technical/Sr. Technical Writer $59 - $171 Sr. Landscape Architect $117 - $213 Project/Sr. Project Assistant $70 - $132 Project/Sr. Project Coordinator $94 - $168
Grant Writing Graphic/Sr. Graphic Designer $100-$187
Funding Specialist $109 - $210 Project/Sr. Project Accountant $103 - $177 Sr. Funding Specialist $147 - $226 Sr. Graphic Manager $141 - $207 Funding Manager $249 - $326 Project Accountant Manager $155 - $216 District Management Special Services
• Inspector - Apprentice $59 - $106 Expert Witness $470 • Inspector/Sr Inspector $97 - $158 Strategic Consulting $470 Assistant/Associate Sanitary Engineer $138 - $207
Sanitary/Sr. Sanitary Project Engineer $161 - $281
Operations/Deputy District Manager $223 - $339
District Manager-Engineer $305 - $368
Reimbursables including, but not lirnited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5%. Mileage will be billed per current IRS Rate.
Additional promotional steps exist within various rate categories.
Ttu: rate schedule expires June 30, 2023; rates are subject to escalation with new hourly rare schedule os of July 7, 2023. • These charge rates ore subject lo Prevailing Woge lows and Union contract.
Exhibit B to Professional Services Agreement between
City of Atwater and Mark Thomas & Company, Inc.
August 22, 2022
Amendment No. 1 to Professional Services Agreement between March 12, 2024 City of Atwater and Mark Thomas & Company, Inc.. Page 1 of 3 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ATWATER AND MARK THOMAS & COMPANY, INC This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”) by and between the City of Atwater (“City”) and Mark Thomas & Company, Inc.. (“Professional”) is entered into on March 12, 2024. City and Professional are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated August 22, 2022 (“Original Agreement”) for the purpose of completing the Project Study Report- Project Development Support (PSR-PDS) for the Bellevue Realignment/Reconstruction Project (the “Project”); and WHEREAS, the Parties desire to amend the Original Agreement for the purpose of adding additional services of the Original Agreement under Section 1, “Services”; and
WHEREAS, Professional’s August 2022 contract did not account for the need to provide supporting documents including but not limited to costs estimates, traffic modeling, right of way estimates, and the preparation of environmental documentation for the Bellevue Road Realignment/Reconstruction PSR-PDS Project in the original scope of work; and
WHEREAS, the Parties desire to amend the Original Agreement for the purpose of modifying the compensation amount on the contract under Section 2., “Compensation”, as set forth below; and
NOW, THEREFORE, as of the Effective Date of this Amendment No. 1 the Original Agreement is hereby amended as follows:
1. The Parties hereby agree to amend Section 1, “Services” of the Original Agreement, “Term of Services,” by modifying the scope of work, as follows 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-2: PAED- Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A,, this Agreement shall prevail.
2. The Parties hereby agree to amend Section 2 of the Original Agreement, “Compensation,” by modifying the compensation amount from a sum not to exceed $190,091.16 to a sum not to exceed $341,049.16, as follows:
Amendment No. 1 to Professional Services Agreement between March 12, 2024 City of Atwater and Mark Thomas & Company, Inc.. Page 2 of 3 Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $341,049.16, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B-2: Cost Detail, 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.
3. Exhibit A-2 and Exhibit B-2 attached hereto, are hereby also incorporated into this Amendment No. 1, as attached hereto, and supplement “ Exhibit A” and “Exhibit B” to the Original Agreement.
.
4. Unless otherwise changed by this Amendment No. 1, the Original Agreement shall remain in full force and effect.
5. This Amendment No. 1 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 1. [SIGNATURES ON THE FOLLOWING PAGE]
Amendment No. 1 to Professional Services Agreement between March 12, 2024 City of Atwater and Mark Thomas & Company, Inc.. Page 3 of 3 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the day and year first above written.
CITY OF ATWATER CONSULTANT
____________________________ ________________________________ Greg Thompson Ed Noriega
Interim City Manager Division Manager-Fresno
Mark Thomas & Company, Inc.
Attest:
____________________________
Kory Billings
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney
Bellevue Road Realignment
Atwater
ENGINEERING SERVICES FOR PA-ED
This scope of services for Mark Thomas includes technical support services to assist the City deliver in the PA-ED phase of the Bellevue Road Realignment Project. Mark Thomas will work closely with the City's environmental consultant to complete preliminary engineering services for the project’s environmental document.
1. PROJECT MANAGEMENT/COORDINATION
1.1. Meetings
The Project will involve meetings to keep the project “on-track”. This work includes preparation of meeting agenda in consultation with the City’s Project Manager, distribution of approved meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting minutes, including recap of actions to be taken prior to the next meeting. This scope assumes the following meetings:
1.1.1. Project Development Team (PDT) Meeting
Up to a total of 5 meetings (1 project kick-off meeting and 4 PDT).
1.1.2. Five (5) Focus Meetings
If deemed appropriate by the City’s Project Manager, informal focused meetings with key stakeholders will be held, to gather appropriate information. These meetings will be with the City, Dole, and other stakeholders.
1.2. Mark Thomas Team Management/Coordination
This task will include ongoing general project coordination with subconsultants and Mark Thomas internal staff. This task will include preparing memos, letters, e-mail, and phone calls necessary to manage the project.
Mark Thomas will monitor project delivery costs and provide monthly budget status reports.
1.3. Coordination with Various Agencies
This task will include ongoing agency coordination, including coordination with the City, County of Merced. This task will include preparing memos, letters, e-mail, and phone calls necessary to coordinate the project. This scope assumes a total of four (4) agency coordination with City of Atwater and Merced Exhibit A-2
Bellevue Road Realignment
Atwater
County. These meetings would include in this scope, which will include coordination for Traffic, Environmental, and Right of Way items.
1.4. Quality Assurance/Quality Control
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of required plan checks (who, what, when), design checklists, and methods of project documentation. Mark Thomas will use their QA/QC manual as a guide to ensure the highest engineering quality possible.
1.5. Develop Final Design Work Scope
Towards the end of the PA-ED phase, Mark Thomas will work with the City in developing a scope of work for the subsequent phases of the project (i.e. Acquisition Documents, PS&E development, etc).
TASK 1 DELIVERABLES:
• PDT and Focus Meeting Agenda and Minutes (up to 10)
• Various Agency Meeting Agendas and Minutes (up to 5)
• PDF copies of all correspondence
• PDF of Final Design Work Scope
2. PRELIMINARY ENGINEERING
2.1. Preliminary Geotechnical Memorandum
Crawford will perform the following tasks to develop a Preliminary Geotechnical Memorandum:
• Caltrans log of test borings and foundation reports for the SR 99 and Westside Blvd Overcrossing structure and the SR 99 and Atwater Blvd Undercrossing structure; • MID Canal at Bellevue Road crossing soil information; • published geologic and fault maps of the site area;
• aerial photographs of the area; and
• United States Department of Agriculture web soil survey.
The Memorandum will include preliminary conclusions and recommendations for the roadway project elements associated with reconstruction/realignment. The Preliminary Geotechnical Memorandum for this project phase will include the following.
Bellevue Road Realignment
Atwater
• Project and site description;
• Preliminary Infiltration rates based on standard book values; • Geologic/Geotechnical Considerations: Fault rupture, ground motions, liquefaction, landslides and slope stability, land subsidence, compressible soil, expansive soil; • Structural pavement section recommendations based on assumed R-values; • Preliminary conclusions regarding geological/geotechnical conditions at the project site with respect to proposed improvements;
• Recommended future exploration and laboratory testing; • Limitations; and
• Geologic Map, Fault Map and Soil Survey Map.
We will perform a general evaluation of the potential geologic/geotechnical design considerations for proposed roadway improvements using published data.
2.2. Drainage Memorandum
Mark Thomas will prepare a project level drainage memo to manage the roadway surface drainage for the extents of the roadway improvements. The proposed storm drain improvements will contain the storm drainage within the extents of this project instead of extending the City Storm Water system. The Drainage Memo which will address flows within, as well as flows to be carried along the roadways using the City's design storm event.
Mark Thomas will review the available information regarding drainage in this area (including appropriate design criteria), conduct a field review, and collect supplemental data as necessary to define the drainage requirements for the project.
Using base mapping and available existing drainage information, Mark Thomas will perform hydrologic calculations for the existing watersheds tributary to and passing through the project limits; the hydrology will be established for the 10-yr storm event. Results of the hydrology will be summarized and included in the drainage memo.
Roadway profiles, and preliminary project level stormdrain pipe networks, and basins will be developed based on findings of the drainage memo. Sizing of basins will be based on the preliminary infiltration rate from Task 2.1. Hydraulic calculations for roadway drainage will be performed during the PS&E phase.
2.3. Traffic Modeling and Analysis Review
Mark Thomas will review the traffic technical studies for consistency with the proposed project improvements.
Bellevue Road Realignment
Atwater
2.4. Alternatives Concept Refinement
The project alternatives will be refined based on resulting traffic analyses coordinated with the Environmental consultant. Updated concepts will be coordinated with the City’s environmental consultant. This scope assumes a refinement of the intersections from the current alignment alternatives.
2.5. Utility Conflicts – Preliminary
Mark Thomas has obtained existing utility information during the PSR-PDS phase. The information on the maps has been mapped into AutoCAD and shown on the concept plans. No pothole information will be collected in this phase of the project. No vertical information for underground utilities will be determined at this time. Potential conflicts with overhead PG&E transmission lines where proposed roadways cross under will be coordinated with the project. Potential conflicts with MID above ground irrigation facilities where the proposed roadway will be in conflict, will be preliminarily coordinated with this project.
The Utility “B” and Utility “C” Plans will be prepared and distributed during the PS&E phase of the project.
In order to complete preliminary geometrics for the roadway, Mark Thomas will complete a Utility Relocation Concept Exhibit for each alternative (up to 3).
2.6. Right of Way Estimate (Alternative 3)
Mark Thomas will coordinate the preparation of the R/W data sheets for Alternative 3. No revisions to the data sheets for Alternatives 1 and 2 are anticipated. Data Sheets will include the area for the two Public Utility Easements.
This proposal will review up to 3 alternatives with an estimated 10 parcels and prepare up to 3 Right of Way Data Sheets.
2.7. Cost Estimates
Mark Thomas will prepare preliminary construction cost estimates for the alternatives at the 30% level.
At this level, decisions on critical design elements should be identified and accounted in the estimate.
2.8. Project Summary Memo
Mark Thomas will prepare a Project Summary Memo to summarize documents prepared under Task 2.
The memo will be a technical memorandum that documents how the preferred alternative is selected.
The memo will include the following:
• Introduction
• Recommendation
Bellevue Road Realignment
Atwater
• Project Purpose and Need
• Traffic
• Alternatives
• Right of Way
• Utilities
• Required Permits
TASK 2 DELIVERABLES:
• One (1) Drainage Memorandum for Roadway Alignment Alternatives (up to 3) • Utility Relocation Concept
• Cost Estimates (1 for Alternative 3)
3. ENVIRONMENTAL TECHNICAL STUDIES REVIEW
3.1. Review of Environmental Technical Studies
Mark Thomas will review the environmental technical studies for consistency with the proposed project improvements. Comments will be provided to the City.
ASSUMPTIONS:
Mark Thomas:
• Utility potholing is not included in this scope of work. • Environmental services provided by others.
• Traffic analysis services provided by others.
Engineering Manager
Project ManagerSr. Project EngineerDesign Engineer ISr. Project CoordinatorCRAWFORDMONUMENT ROW $351 $272 $225 $135 $173 DBE
1.1 PROJECT MANAGEMENT/COORDINATION
1.1 Meetings
1.1.1 Project Development Team (PDT) Meeting (5) 8 8 16 $4,608 $4,608
1.1.2 Five (5) Focus Meetings 8 8 16 $4,608 $4,608
1.2 Mark Thomas Team Management/Coordination 8 8 12 28 $6,684 $6,684
1.3 Coordination with Various Agencies 10 20 30 $8,010 $8,010
1.4 Quality Assurance/Quality Control 2 10 12 $3,422 $3,422
1.5 Develop Final Design Work Scope 4 16 20 $5,004 $5,004 Subtotal Phase 1.1 40 10 60 0 12 122 $32,336 $0 $0 $32,336
2.0 PRELIMINARY ENGINEERING
2.1 Preliminary Geotechnical Memorandum 2 4 6 $1,602 $10,000 $11,602
2.2 Drainage Memorandum 8 40 80 128 $22,608 $22,608
2.3 Traffic Modeling and Analysis Review 4 8 12 $3,204 $3,204
2.4 Alternatives Concept Refinements (up to 3) 8 40 80 128 $22,608 $22,608
2.5 Utility Conflicts – Preliminary 4 20 40 64 $11,304 $11,304
2.6 Right of Way Estimate (Alternative 3) 2 8 16 26 $4,662 $10,000.00 $14,662
2.7 Cost Estimate (Alternative 3) 2 20 40 62 $10,602 $10,602
2.8 Project Summary Memo 24 40 64 $17,424 $17,424
Subtotal Phase 2 54 0 180 256 0 490 $94,014 $10,000 $10,000 $114,014
3.0 ENVIRONMENTAL SUPPORT
3.1 Review of Environmental Technical Studies 8 8 16 $4,608 $4,608 Subtotal Phase 3 8 0 8 0 0 16 $4,608 $0 $0 $4,608
TOTAL HOURS 102 10 248 256 12 628
Anticipated Salary Increases $0 $0 $0 $0
OTHER DIRECT COSTS $0 $0 $0
TOTAL COST $35,802 $2,720 $55,800 $34,560 $2,076 $130,958 $10,000 $10,000 $150,958 COST PROPOSAL FOR PROJECT SCOPE: City of Atwater - Bellevue Road PAED
TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
Please note that the rates shown are for estimating purposes only.
See rate schedule for actual rates/ranges. 2/2/2024
Exhibit B-2
ID Task Name Duration Start Finish
1 PA-ED PHASE ACTIVITIES 106 days Thu 3/14/24 Sat 8/10/24 2 Notice to Proceed 0 days Thu 3/14/24 Thu 3/14/24
3 Environmental Document (by others) 73 days Wed 5/1/24 Sat 8/10/24 4 Public Review 30 edays Wed 5/1/24 Fri 5/31/24
5 Prepare Final ED 4 wks Fri 5/31/24 Thu 6/27/24
6 City Council Adopt ED 0 days Thu 7/11/24 Thu 7/11/24
7 Statute of Limitations 30 edays Thu 7/11/24 Sat 8/10/24 8 Engineering Support 85 days Fri 3/15/24 Thu 7/11/24
9 Prepare Geotechnical Memorandum 2 wks Fri 3/15/24 Thu 3/28/24 10 Drainage Memorandum 20 days Fri 3/29/24 Thu 4/25/24
11 Prepare Draft Drainage Memo 3 wks Fri 3/29/24 Thu 4/18/24 12 City/County Review 1 wk Fri 4/19/24 Thu 4/25/24
13 Alternatives Refinement 20 days Fri 5/31/24 Thu 6/27/24 14 Refine Alternatives 4 wks Fri 5/31/24 Thu 6/27/24
15 Update Utility Relocation Exhibits 1 wk Fri 6/21/24 Thu 6/27/24 16 Prepare R/W Data Sheet (Alt 3) 1 wk Fri 6/21/24 Thu 6/27/24 17 Update Construction Cost Estimates 1 wk Fri 6/21/24 Thu 6/27/24 18 Project Summary Memorandum 20 days Fri 6/14/24 Thu 7/11/24 19 Prepare Project Summary Memorandum 2 wks Fri 6/14/24 Thu 6/27/24 20 City/County Review 1 wk Fri 6/28/24 Thu 7/4/24
21 Final Project Summary Memorandum 1 wk Fri 7/5/24 Thu 7/11/24 3/14
7/11
Feb Mar Apr May Jun Jul Aug
2024
Task Critical Task Milestone Summary
PA-ED Phase
Bellevue Road Realignment
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 11, 2024
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED
BY:
Michael Salvador, Police Chief
SUBJECT: Approving Specifications and Authorizing Advertising and Calling for Bids for Fifty (50) Portable Radios for the Police
Department (Police Chief Michael Salvador)
RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizes advertising and calling for bids for fifty (50) portable radios for the Police Department, Bid Call No. 727-24.
I. BACKGROUND/ANALYSIS:
The City Council has a long-standing commitment to ensure that the Atwater Police Department has equipment necessary to safeguard the lives of the citizens of Atwater.
The Police Department's current portable radios were purchased in 2016 and have provided the department with a reliable service. Due to changing technology and the challenges of securing spare parts, the Department has identified a need to begin the purchasing process to acquire new portable radios. Bid Call 727-24 starts that process.
The Department seeks to secure a bid for 50 portable radios to replace the portables currently used by both sworn and non-sworn members of the Department. The portable radios requested will allow the Department to operate in multiple situations on the new Merced County Sheriff's Office Radio system.
II. FISCAL IMPACTS:
This item has no fiscal impact. Staff will return to the Council at a later date with the results of the bid, identification of funding, and the request to issue a purchase order.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item complies with the City Council's commitment to ensure that its public safety services have effective and modern equipment.Bid Call 727-24 will be issued and publicized as is required by the City of Atwater Purchasing Guide.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report -
Approving Specifications and Authorizing Advertising and Calling for Bids for Fifty (50) Portable Radios for the Police Department (Police Chief Michael Salvador)
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The Police Department will coordinate the execution of the Bid Call with the City Clerks Office.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to speak about 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 Codes section 21065.
IX. STEPS FOLLOWING APPROVAL:
Bid Call 727-24 will be issued and publicized as is required by the City of Atwater Purchasing Guide.
Submitted by:
Michael Salvador, Police Chief
Approved by:
Greg Thompson, Interim City Manager
Attachments:
1. Bid Call 727-24
1 CITY OF ATWATER
POLICE DEPARTMENT
INVITATION FOR BID FOR:
PROVIDE FIFTY (50) EACH 800 MHZ PORTABLE RADIOS
BID CALL NO. 727-24
Notice is hereby given that sealed bids will be received at Atwater City Hall until 2:00 PM local time, on Thursday, April 11, 2024, at which time they will be publicly opened and read for the furnishing and delivering of FIFTY (50) EACH 800 MHZ PORTABLE RADIOS OR EQUAL.
Please carefully read and follow the instructions. Bids shall be presented under sealed cover.
Clearly marked 800 MHZ PORTABLE RADIOS Bid Package and bid submittal deadline date on the outside and mailed or delivered to:
City of Atwater
City Clerk’s Office
1160 Fifth St
Atwater, California
Contact: Michael Salvador, Chief of Police
Phone: 209-357-6298
Fax: 209-358-5256
E-Mail: [email protected]
Any bidder who wishes their bid to be considered is responsible for making certain that their bid is received by the City Clerk’s office by the Bid Submittal Deadline. NO ORAL,
TELEPHONIC, TELEGRAPHIC, ELECTRONIC (E-MAIL), OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID
SUBMITTAL DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.
BID SUBMITTAL DEADLINE; 2:00 P.M., THURSDAY, APRIL 11, 2024 BIDS WILL BE CONSIDERED LATE WHEN THE CITY CLERK’S OFFICIAL TIME CLOCK READS 2:00 P.M.
/s/ Greg Thompson
Greg Thompson
Interim City Manager
2 TABLE OF CONTENTS
SECTION ...........................................................................................................................PAGE
1. Technical Specifications .....................................................................................3
2. Invitation for Bid Calendar and Checklist ........................................................... 4
3. Instructions for Submitting Bids ......................................................................... 5
4. General Terms and Conditions.......................................................................... 7
5. Award of Bid....................................................................................................... 13
ATTACHMENTS
A. Signature Sheet................................................................................................. 16 B. Bid Cost Sheet................................................................................................... 17 C. References ........................................................................................................ 18
3 SECTION 1
TECHNICAL SPECIFICATIONS
FOR FURNISHING FIFTY (50) 800 MHZ PORTABLE RADIOS
GENERAL DESCRIPTION OF INTENDED USE
These specifications describe the requirements for providing 800 MHZ portable radios. The equipment furnished is to meet these specifications and must comply with any Federal, State or Local standards which may regulate the design, manufacture, or use of this equipment. All equipment must be new with a full manufacturer’s warranty, including a description of the warranty (to be provided with the vendor’s submission).
The bidder shall initial in the space provided for Minimum Specifications and Options to indicate that the bidder has read that item and can supply the item required. Do not initial the item if you are unable to supply the item as required. If unable to supply an item, indicate in writing the alternates that you can supply. The total proposed price on the proposal page must INCLUDE all the specifications and options that are initialed or offered by the bidder.
Specifications:
The technical specifications describe the requirements for 800 MHZ portable radios. The radios will be used for Police Department communications and operations on the Merced County Sheriff’s Office Trunked Radio System. These radios will replace the Department’s current Motorola APX 4000 portable radios. Specifications for the radios represent features best suited to the intended use of the equipment and are not intended to exclude equipment that may vary slightly from these specifications. Judgment of the exceptions is to rest with Atwater Police Department. As a part of the bid, the bidder must provide an exception page for each bid item listing and exception(s) taken to the specifications. If the exception(s) are not noted, the City will assume the bidder will meet all those requirements and assume full responsibility to meet those specifications.
800 MHZ radios Quantity: 50
• 800 MHZ
• Portable
• Antenna
• 12 Hr Battery (rechargeable)
• Standard charger
• Speaker microphone with 3mm headphone jack
• A minimum of 96 channels
• P25 compliant
• Motorola Trunking to Merced County Specifications
• Programming to operate on the Merced County Sheriff’s Office Radio System Gang Charger Quantity: 2
Lease Purchasing: the Bidder shall provide a lease option for the financing of the items
4 above as an option to a traditional purchase. This option shall have a 48-month minimum term.
Trade in: The Department wishes to trade in 30 of its current APX4000 portables purchased in 2016 as a cost offset. The bidder shall list the cost offset separately in its proposal.
5 SECTION 2
INVITATION FOR BID CALENDAR AND CHECKLIST
1. Calendar
a. Availability of Invitation for Bid March 12, 2024
b. Submittal of Questions / Corrections March 28, 2024
c. Closing Date for Invitation for Bid April 11, 2024
2. Submittal Checklist
a. Signature Sheet Attachment A
b. Bid Cost Sheet Attachment B
c. Reference List Attachment C
6 SECTION 3
INSTRUCTIONS FOR SUBMITTING BIDS
1. Bid Submittal
a. Bid must be submitted on the form(s) provided by and made available to The City of Atwater, City Clerk’s Office 1160 Fifth St. Atwater, CA 95301. All items shall be filled in and the signatures of all persons signing shall be written and printed in longhand. All bids submitted must have a signature sheet, (Attachment A) completed, dated, with the firm’s name and signed by a duly authorized officer of the firm.
The bid cost sheet, (Attachment B) to be completed, signed, and returned with bid submittal.
Bids not submitted on the form(s) provided may not be considered by the City. b. All bids shall be presented under sealed cover, clearly identified on the outside to read:
• Name of the bidder
• Address of the bidder
• Subject of the Bid
• Bid Submittal Deadline Date
c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.
d. All bids shall remain firm for at least sixty (60) calendar days after the Bid Submittal Deadline unless otherwise specified. Within sixty (60) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the City to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the City, if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with their bid.
e. All prices shall be bid F.O.B. DESTINATION only.
f. Delivery dates of all items/services shall be specified on the bid. g. Mistakes must be corrected, and the correction inserted; correction must be initialed in blue ink by the person signing the bid.
h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the bidder shall not be relieved of its bid without the consent of the City, nor shall any change in the bid be made because of a mistake. The City may allow a bidder to withdraw a bid because of a mistake only when the bidder has notified the City in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the City that: (1) a mistake was made; (2) the
7 mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications. i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.
2. Interpretation, Corrections and Addenda
The Bidder must carefully examine the specifications, terms and conditions provided in the Invitation For Bid and become fully informed as to the requirements set forth therein.
If anyone planning to submit a bid discovers any ambiguity, conflict, discrepancy, omission or error in the bid, has any questions in relationship to the requirements as specified in Section 1, or any other related matters, they shall immediately notify the contact person as shown on the “Cover Sheet” of such concern in writing and request clarification or modification of the document(s) no later than the deadline as set forth herein:
Deadline for submission of questions: March 28, 2024
No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the City of Atwater to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.
The Bidder shall sign and date the addendum and submit same with the bid. Any oral communication by the City’s designated contact person or any other City staff member concerning this proposal is not binding on the City and shall in no way modify this proposal or the obligations of the City or any Bidders.
The Bidder may FAX, E-mail or mail the contact person as shown on the “Cover Sheet.” All inquiries shall be made in writing only and directed to the designated City staff person as shown. Contact with any other City personnel or any undue “badgering” of such City personnel by the Bidder is prohibited. Failure to comply with this request may be considered the cause for disqualification of your bid.
3. Bid Submittal Deadline
The City of Atwater must receive the bid no later than 2:00PM, local time on Thursday, April 11, 2024. BIDS RECEIVED AFTER THIS DEADLINE WILL BE REJECTED
REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.
Without law or policy to the contrary, if the bidder took reasonable steps to submit the bid in due time, and failure of the bid to be on hand at the time of closing was not the result of negligence or other fault of the bidder, but was the result of negligence by the City, the City reserves the right to accept such bid.
4. References
8 Provide a list of at least three (3) three customer references, (Attachment C) which you have sold or are currently selling comparable items/services. Include the company’s name; the name, title, and telephone number of a contact person; the dollar amount of the contract; and the dates that these items/services were completed.
9 SECTION 4
GENERAL TERMS AND CONDITIONS
1. Bid Rejection/Waiver of Informalities
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART
THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.
The City’s decision shall be final. The City’s waiver of an immaterial defect shall in no way modify the bid documents or excuse the bidder from full compliance with its specifications if the bidder is awarded the bid.
2. Bonding Requirements
NO BOND WILL BE REQUIRED
3. Condition of Equipment Bid
If the equipment is proposed, it is to be the newest and latest model in current production.
Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.
4. Brand Names
Manufacturers’ brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the City of Atwater as to what items are equal is final and conclusive. When manufacturer’s brands, model numbers or level of quality is not stated by bidder, the offer will be considered exactly as specified.
5. Payments, Invoicing and W-9 Certification Form
Payment will be made within 30 days of delivery and acceptance of the equipment.
Invoices shall be submitted for each billing. The invoice shall be mailed or delivered to the City of Atwater whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.
In addition to the itemized invoice(s) submitted by the successful bidder for payment, the successful bidder must also complete and submit a Form W-9, “Request for Taxpayer Identification Number and Certification”, (www.irs.gov/pub/irs-pdf/fw9.pdf) to the City.
Both invoice(s) and W-9 form shall be forwarded to the City at the address indicated in the purchase order and/or contract. Upon approval by the City, the sum due hereunder shall be paid to the successful bidder within thirty (30) calendar days.
6. Delivery Hours
Any necessary delivery will be accepted from 9:00 a.m. to 3:00 PM, Monday through Friday. If needed, the bidder shall state the approximate delivery date.
10 7. Damage of Items
All damages pursuant to items received by the City due to the successful bidder’s negligence shall be the responsibility of the successful bidder to replace.
8. Alternate Bids
Alternate bids may be considered at the discretion of the City if alternate bids are called for in this bid. The city will be the final authority to accept or reject an alternate bid.
9. Cash Discount
N/A
10. Pricing
Unless otherwise provided, the items/services stated herein will not be subject to any price increase from the date of acceptance of bid to the date of termination/extension as stated herein. If the successful bidder established prices for any items/services listed herein are decreased during the term of this bid, then such discounts/ reductions in price shall be immediately applicable so that the City may benefit from such lower prices.
11. Risk of Loss
The successful bidder shall bear the risk of loss until goods have reached the final F.O.B.
Destination point. Thereafter, City shall bear risk of loss.
12. Prior to Shipment
While the successful bidder has risk of loss, the successful bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the Piece-of Equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process, and furnished items. Such insurance shall provide a loss payable clause in favor of the successful bidder as its interest may appear.
13. F.O.B. Point
If necessary, F.O.B. Destination to include inside delivery to:
CITY OF ATWATER
POLICE DEPARTMENT
750 BELLEVUE ROAD
ATWATER, CA 95301
14. Examination of Bid Documents
All bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished. Failure to do so will be at bidder’s own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting them.
Should a bidder find discrepancies in, or omissions from, the specifications, or should
11 he/she be in doubt to their meaning, he/she shall at once notify the Cities’ Public Works Department. Notification is to be in written form and must be submitted at least seven (7) workdays prior to the Bid Submittal Deadline. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addendum.
The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the City.
All other questions should be in writing only and directed to the buyer shown on the “Cover Sheet” of this Invitation for Bid (IFB).
15. Request for Changes
The City reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful bidder shall comply with such order. The successful bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the City. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment. Except as herein provided, the successful bidder shall have no claim for any other compensation due to changes in the work.
Any changes or deviation from the contract made without authority in writing from the City will be at the bidder's own risk. No such changes shall be made nor adjustment in compensation granted unless the successful bidder receives an executed amendment prior to making the changes.
16. Insurance
The bidder shall have normal liability workers compensation insurance for this project.
17. Qualification of Bidder
The City may make such investigation as it deems necessary to determine the ability of the bidder to provide the services requested herein, and the bidder shall furnish to the City all information and data for this purpose as the City may request. The City reserves the right to reject any bid should the evidence submitted by, or investigation of, the bidder fails to satisfy the City that such bidder is properly qualified to conduct the obligations of the bid and to complete the requirements contemplated therein.
18. Subcontracting
Any bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid The successful bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the bidder are the sole responsibility of the bidder. Any contract that is entered into between the successful bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.
12 19. Default
In the event the successful bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the City may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the City. Prices paid by the City must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law.
20. Cancellation of Purchase Order and/or Contract
The City may terminate any purchase order and/or contract derived from this bid as follows:
a. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment, or services specified within the time allowed or within the terms, conditions, or provisions of this bid.
The successful bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative ServicesPurchasing.
21. Rejection of Bid
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART
THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (30) CALENDAR DAYS FROM DATE OF BID OPENING.
22. Nondiscrimination
a. During the performance of this bid, bidder and any sub-bidders shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, martial status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-bidders shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-bidders shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full. b. Bidder and any sub-bidders shall give written notice of their obligations under this
13 clause to labor organizations with which they have a collective bargaining or other agreement.
c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract. d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
23. Non-discrimination of the Disabled
The City will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates on the basis of handicap in providing aid, benefit, or service to beneficiaries of the program or activity. The City is committed to providing access to all City services, programs, and meetings open to the public for people with disabilities.
In this regard the City and all of its vendors and bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.
24. Governing Law and Venue
This bid, or any contract that may result from the award of this bid, shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the state of California. Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the County of Merced, State of California.
25. Taxes
Sales Tax should be shown separately on the bid form, when and where indicated. The City is exempt from Federal Excise Tax and should not be included in your bid. If your company is outside California and collects sales tax, please state the amount as a separate item if the City is to remit the tax.
26. Samples
Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing, or which are not retained for future comparison will be returned upon request at your expense.
27. Liabilities
The bidder shall hold the City, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the City or bidder because of the unauthorized use of such items.
28. Warranty, Manufacturer
14 The manufacturer shall fully guarantee all materials and equipment furnished under the terms of this bid against poor and inferior quality. While under warranty, the manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations. A copy or description of the manufacturer’s warranty shall accompany each bid for the material and equipment proposed, detailing the scope and length of the warranty. Where the successful bidder is also the manufacturer of the materials or equipment provided under this bid, the Manufacturer's Warranty requirement will supersede the successful bidder warranty requirement of this bid.
29. Warranty, Successful Bidder
The successful bidder shall fully guarantee all materials and equipment furnished under the terms of this bid against poor and inferior quality, for a period of not less than one (1) year from the date of the final acceptance by the City. While under warranty, a successful bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.
15 SECTION 5
AWARD OF BID
An evaluation team shall validate and evaluate all bids received. All requirements identified in this bid must be satisfied to ensure that a bid will qualify for consideration.
1. Lowest Responsive Bidder
Although competitive pricing is essential in the award of this IFB, consideration shall be given, but not limited to:
a. Lowest responsive bidder following assessment of 5% Local Business Purchasing Preference, if applicable.
b. The ability of the Bidder to comply with Terms and Conditions set forth herein. c. The ability of the Bidder to comply with the Specifications or Scope of Work set forth herein.
2. Lowest Responsible Bidder
a. The quality and performance of the supplies/equipment to be provided by the bidder; b. The ability, capacity, and skill of the bidder to perform the contract or accomplish the transaction within the time specified, without delay;
c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder; d. The quality of bidder's performance on previous purchases by, or contracts with, the City;
e. The ability of the bidder to provide future maintenance, repair parts and services for the supplies/equipment provided;
3. Award
The City reserves the right to:
a. Award bids received based on individual items/services, or groups of items/services, or on the complete list of items/services; b. Reject any or all responses, or any part thereof;
c. Waive any informality in the bids;
d. Accept the bid that is in the best interest of the City.
An evaluation of the bidder’s ability, quality, and performance as set forth under Section
5.1, “Most Responsive Bidder” and Section 5.2, “Lowest Responsible Bidder,” of this bid, will be used in addition to total cost as a basis of award for any ensuing contract.
4. Notice of Intent to Award
16 A “Notice of Intent to Award” will be sent to all participating Bidders upon conclusion of validation and evaluation of all bids submitted. This “Notice of Intent to Award” will be sent to all participating Bidders by U.S. postal mail, facsimile, and/or email.
5. Debriefing
A debriefing shall be held before the award of the Contract upon the timely request of an unsuccessful Bidder for the purpose of receiving information concerning the evaluation of the Bidder’s bid response. The request must be in writing, dated, signed either by the Bidder or a legally authorized individual on behalf of the Bidder and be received by the City of Atwater City Clerk’s Department within three (3) working days following the City’s U.S. postal mail, email, or facsimile of the “Notice of Intent to Award”. Each requesting Bidder will be allotted a maximum of one hour for any debriefing conference. The information provided by the City will be based on the evaluators’ determinations of your company’s submitted bid as it relates to the evaluation criteria as stated herein above. The debriefing may be held, at the discretion of the City, by telephone conference call. The debriefing is not the forum to challenge the bid’s specification, requirements, or the selection criteria. The debriefing procedure provided herein to all requesting and unsuccessful Bidders to the City’s Invitation For Bid is the exclusive and sole remedy and means of receiving information upon the respective Bidder’s evaluation and preliminarily challenging of the award.
6. Protest
The protest process is made available in the event that an unsuccessful Bidder cannot reach agreement with the City after undergoing the debriefing process described herein above.
Should an unsuccessful Bidder request a debriefing, and believes its submittal to be the most responsive to the City’s Invitation For Bid and that the City has incorrectly selected another Bidder for award, the appealing Bidder may submit a protest of the selection as described below:
All protests must be made in writing, dated, signed by the Bidder or an individual authorized to sign Contracts on behalf of the protesting Bidder, and contain a statement of the reason(s) for protest; citing the law(s), rule(s) and regulation(s) or procedure(s) on which the protest is based. The protesting Bidder must provide facts and evidence to support the protest.
Protest(s) to City’s notification to award must be sent either by U.S. mail, postage prepaid, or by personal delivery to:
City of Atwater
Attn: City Clerk
1160 Fifth St.
Atwater, Ca 95301
All protests in relationship to the City’s intended award decision must be received by the City Manager no later than seven (7) working days following the City’s U.S. postal mail, facsimile, or email of the “Notice of Intent to Award” to the Bidder.
7. Protest Procedures
17 A Bidder protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest,” the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Bidder under this procurement. Upon exhaustion of this remedy no additional recourse is available from the City of Atwater.
Upon receipt of the formal protest, the City Manager, or his/her designee, will attempt to resolve the protest. If the protest has not been resolved, the Bidder will have an opportunity to address the City Council stating their concerns. The decision of the City Council constitutes the last step of the Bidder’s administrative remedy. A protest shall be disallowed when, in the judgment of the City Manager, or his/her designee, or City Council, it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the protester advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.
If a protesting Bidder does not appear at the protest hearing as scheduled by the City of Atwater, the protest will be disallowed.
18 ATTACHMENT A
SIGNATURE SHEET
I/We the undersigned hereby certify that I/We am/are a duly authorized official of the company and have the authority to sign on behalf of the company and assure that all statements made in the bid are true. I/We agree to furnish and deliver the specified items/services at the prices stated herein, and have read, understand, and agree to the terms and conditions contained herein and on all the attachments.
Name of Individual/Company: ____________________________________________________ Business Address: _____________________________________________________________ Telephone No.: ________________________________Fax :_________________________ County Business License No. __________________________Expiration Date: _____________ State Business License No. ___________________________Expiration Date: _____________ Signature of Authorized Official: __________________________________________________ Name/Title of Authorized Official: _________________________________________________ E-Mail: _____________________________________________________________________
THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID
19 ATTACHMENT B
BID SHEET
I/We agree that the prices stated herein will be firm for ninety (90) calendar days from the Bid Submittal Deadline.
`Item
No. Qty Description Price
1. 50 800 MHZ Portable Radios (to specifications)
2 2
Gang Chargers
TOTAL $
DATE SIGNATURE:
THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID
20 ATTACHMENT C
REFERENCE LIST
1) NAME: ___________________________________________________________________________ ADDRESS: __________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: __________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________ 2) NAME: ___________________________________________________________________________ ADDRESS:
____________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE:_____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ___________________________________________________ 3) NAME: ___________________________________________________________________________ ADDRESS:
___________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: ____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________
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CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 11, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager
PREPARED
BY:
Kayla Rashad, Administrative Assistant
SUBJECT: Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to
General Commercial (C-G) for the Property Located at APN: 150- 190-036 (Interim City Manager Thompson)
RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony;
Close the public hearing; and
Make a finding that the project is categorically exempt under California Environmental Quality Act (CEQA) guideline section 15332, Class 32, “Infill Development Projects;” and
Motion to waive the first reading and introduce Ordinance No. CS 1067, by title only, approving Zone Change No. 23-22-0300 for a parcel located on the north side of Bellevue Road approximately 0.15 miles west of Redwood Avenue (APN: 150-190-036); or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
1. BACKGROUND:
The proposed Project consists of a Zone Change that has been submitted to the City of Atwater. The Project requests authorization to change the zoning district for APN 150- 190-036 from Planned Development (PD-14) to General Commercial (C-G) District.
The applicants proposed zone change is to facilitate the development of a Drive-Thru
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 2
coffee shop and required other entitlements including a Tentative Map and Site Plan Review. The proposed project was presented to the Planning Commission on February 21, 2024 requiring their approval of the tentative parcel map and site plan. While the zone change for the project was also reviewed by the Planning Commission, the final approval of any zone change would belong to the City Council. At the meeting on February 21, 2024, the Planning Commssion did make a recommendation to approve the zone change to the City Council. Two readings of the zone change are required with the second reading expected to be heard on March 25, 2024. Approval of the Site Plan and Tentative Parcel map are not required of the City Council.
The site plan for the proposed Project includes a 949 square foot building which will be utilized as a drive-thru coffee shop. The design of the building includes a small covered walk-up service area but will not include any floor area for indoor seating.
The site plan also includes the construction of dual drive aisles, concrete curbs and sidewalks, a masonry trash enclosure, landscaping, a 12’x40’ designated loading space and twelve (12) parking stalls. The Atwater Municipal Code requires that one parking space for every 35 square feet of floor space be provided within commercially zoned districts. However, the proposed drive-thru coffee shop will not have any indoor seating and minimal outdoor shade cover of approximately 240 square feet. While the code is not specific to parking requirements for outdoor shaded areas or walk-up service windows, staff believes the twelve (12) parking spaces being provided are sufficient for the proposed operation.
The site plan has undergone site plan review at the staff level to ensure it complied with all standards for setbacks, parking, landscaping, and all other requirements defined in the Atwater Zoning Ordinance and any other applicable standards. The proposed building design will include a stucco finish with blue and grey colors and stone façade and stone pillars. An additional review of the architectural design will be completed during the building permit process.
1. ANALYSIS:
Site Location: The subject property is on the north side of Bellevue Road approximately 0.15 miles west of Redwood Avenue (refer to Figure 1) and is identified by Merced County as APN 150-190-036. The current site is used as an active detention basin for the existing commercial development immediately north and east of the subject property. Detention for the existing development and the proposed coffee shop will be required to be replaced at a one-to-one ratio. The existing commercial center was approved by the Planning Commission as a Master Plan and was specific to square footage and parking numbers as required under the Atwater Municipal Code.
Because of this, any changes to the commercial center would normally require
Agenda Report - Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 3
reconsideration by the Planning Commission to be approved. However, the developer for the project is proposing the development of an underground detention system which will fully replace the existing basin at a one-to-one ratio as required. The proposed underground detention system will be built under the existing commercial center site, outside of the proposed parcel and will temporarily affect parking while under construction. No structures will be affected by the proposed detention system and all parking will be fully replaced to its original condition or better by the developer.
Figure 1
Description of Surrounding Uses: The parcels immediately to the north and the east of the subject property are zoned Planned Development (PD-14). The parcel to the west of the subject property are zoned Low Density Residential (R-1) and the parcels to the south of the subject property are zoned Low Density Residential (R-1) and Residential Transition (R-T).
Land Use Designation: The subject property has a land use designation of Commercial (See Figure 2) and is zoned as Planned Development (PD-14). The applicant is requesting a zone change from Planned Development (PD-14) to General Commercial (C-G), which will remain consistent with the existing land use designation.
Commercial land uses are intended to accommodate a wide range of commercial
Agenda Report - Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 4
activities ranging from regional commercial facilities to general and neighborhood commercial uses. Establishments may range from retail to service and entertainment uses. Further, the land use allows development to occur as a single structure, group of commercial uses, or regional mall type facility. The Project is proposed to facilitate the development of a single tenant commercial building that would be consistent with the land use designation.
Figure 2
Zoning: The subject property is zoned Planned Development (PD-14) (See Figure 3) and is intended for any and all types of land uses consistent with the underlying General Plan land use designation for the property. The Project is requesting a zone change to General Commercial (C-G) which is consistent with the existing land use designation.
The General Commercial (C-G) zone district was established to provide a location for the retail, wholesale, and heavy commercial uses and services necessary within the City, but not suited to other lighter commercial zone districts. A zone change to General Commercial (C-G) supports the proposed use for a coffee shop.
Figure 3
Agenda Report - Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 5
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated. 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:
Under section 17.44.010 of the A.M.C – PD-14 Planned Development District is intended to encourage development of properties into unified developments and ensuring development is consistent with any City Council adopted design guideline.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
An interdepartmental routing sheet was sent to all required departments and affected
Agenda Report - Waiving the First Reading and Introducing an Ordinance, by Title only, Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 6
agencies for review and their comments and conditions have been incorporated.
VII. PUBLIC PARTICIPATION:
The public hearing was adequately noticed and advertised for the regularly scheduled City Council hearing. The public will have the opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act, the project is categorically exempt under guideline section 15332, Class 32, “Infill Development Projects.” This section states, “Class 32 consists of projects that are characterized as in-fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services.
Furthermore, no new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment.
IX. STEPS FOLLOWING APPROVAL:
Following the adoption of Ordinance No. CS 1067 the Recording Secretary will forward the approved ordinance to the City Clerk for final processing.
Submitted and Approved by:
Greg Thompson, Interim City Manager
Attachments:
1. ORDINANCE CS 1067
2. RSO 0241-23 Resolution Signed
3. RSO PC 241-23 Revised Site Plan underground water storage 2-14-24
4. RSO 241-23. FINAL PARCEL MAP
CITY COUNCIL
OF THE
CITY OF ATWATER
ORDINANCE NO. CS 1067
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING ZONE
CHANGE NO. 23-22-0300 CHANGING THE
ZONING DESIGNATION FROM PLANNED
DEVELOPMENT (PD-14) TO GENERAL
COMMERCIAL (C-G) FOR PROPERTY LOCATED
AT APN: 150-190-036.
WHEREAS, at a duly noticed public hearing held on February 21, 2024, the Planning Commission of the City of Atwater recommended the City Council approve Zone Change No. 23-22-0300 to change the zoning designation from Planned Development (PD-14) to General Commercial (C-G) for the property located at APN: 150-190-036; and,
WHEREAS, the Planning Commission of the City of Atwater made the recommendation to the City Council to amend the zoning for this project); and, WHEREAS, the proposed Zone Change No. 23-22-0300 would not have a detrimental effect on the health, safety, and welfare of the neighborhood nor have any adverse effect on the community; and
WHEREAS, pursuant to the California Environmental Quality Act, the project is categorically exempt under guideline section 15332, Class 32, “Infill Development Projects,” as no new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment; and
WHEREAS, the City Council finds that the following findings can be made for Zone Change No. 23-22-0300, and a CEQA Class 32 Categorical Exemption in support of the Project:
1. The proposed zone change from Planned Development to General Commercial is consistent with the City’s General Plan and will allow for development of this and future uses which are attractively designed and consist of a mix of commercial uses.
Ordinance No. CS 1067 Page 2
2. The Project underwent CEQA review and is a categorically exempt infill project determined not to have a significant effect on the environment.
3. The public hearing for this Project has been adequately noticed and advertised.
4. Adoption of the ordinance will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.
NOW THEREFORE, be it ordained by the City Council of the City of Atwater as follows:
Section 1: Pursuant to Section 17.44.060 (D)(1) of the Atwater Municipal Code, the City Council of the City of Atwater does hereby amend the zoning map of the City and approves Zone Change No. 23-22-0300 to reflect APN: 150-190-036 General Commercial (C-G) subject to the development standards as adopted for this district and further pursuant to provisions of said code section referenced above do serve notice of the following conditions to any prospective property owner of the limitations of this entitlement as follows:
BUILDING:
1. All off-site improvements plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and approval. The improvements shall be designed and placed to the City of Atwater standards and specifications.
2. Prior to issuance of a Building Permit a landscape and irrigation plan shall be designed by a registered landscape designer.
3. If property is located within a FEMA flood zone. Prior to approval of a grading plan, the developer shall apply to FEMA and receive a Letter of Map Amendment (LOMA) issued from FEMA. The developers engineer shall provide the required supporting data to justify the application.
4. All plan submittals and calculations and all other required documentation shall be submitted to the Building Division. Documents will be routed to proper departments for review and also sent out to third party plan checking services.
5. Apply for a permit application in person or online.
6. Plan Check fee payment (based on valuation of the project) contact Building Division
7. Five (5) sets of plans including three (3) wet stamped by a registered California Design Professional, unless noted accordingly per the “Professional Engineers Act” of 2001.
8. Three (3) sets of Energy, Structural, or Truss Calculations, Soils Report, California Green Code Documents, Special Inspection form (filled out by
Ordinance No. CS 1067 Page 3
designer), Waste Management Plan and any other applicable calculations/specifications or documents.
9. Building plans shall reflect the most recent California Building Codes (Title 24) which consist of the Building Code volume 1 & 2, Wind Speed: Risk Category I:
100, Category II: Vult 110, Vasd 85, Category III Vult 115, Vasd 85 a. Wind Exposure: B Urban and Suburban, C in any quadrant for a distance of more than 600 feet
b. Seismic Design Category: DO
c. Weathering: Negligible, Winter design temp. 25 degrees F d. Air Freezing Index: 1500, mean annual temp 60 degrees F
10.Green Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code including Appendix C, Appendix D, Appendix I, Appendix J, California Energy Commission requirements, State and Federal Accessibility requirements, Atwater Municipal Codes (AMC), requirements from Atwater Fire
11.Department, Engineering, Planning and Public Works Departments respectively.
12.Once plans are approved by the City of Atwater the Building Division will contact the applicant with fee totals and approximate time when plans will be ready for pick up.
13.Building Permits cards and city approved plans and calculations shall be on site at all times when an inspection is called in.
14.The construction site shall have an address posted that will be easy for inspectors, and emergency services to see.
ENGINEERING:
15.The developer shall provide and show on the site Plan all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City. Utility easements shall be a minimum of a clear fifteen feet (15') for one utility and a clear twenty feet (20') for two or more utilities or as specified by basic engineering design guidelines. Easements shall not be split between property lines unless determined otherwise by the City Engineer. The easement widths identified are minimums and in certain circumstances, additional easement widths may be required as determined by the City Engineer.
16.The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees and other public entity fees in effect at the time of the issuance of the applicable permit.
Ordinance No. CS 1067 Page 4
17.The Developer shall submit a building permit application package which shall include grading plans, a permit application, and plan check and inspection fees and deposits to the Community Development Department. Grading plans shall be approved prior to or concurrently with the approval of the Improvement Plans.
18.The Developer shall provide joint trenching for telephone, gas, electric, and cable TV service for the Development in a combined utility plan submitted with the Building Permit.
19.Meters, hydrants, poles, etc. shall be located clear of the sidewalk and driveways or as determined by the City Engineer. Final locations and the number of such facilities shall be determined at the time the improvement plans are reviewed.
20.All improvements, public and private, shall be designed and constructed in accordance with the most recent edition of the City of Atwater Improvement Standards and Specifications and the most recent edition of the Caltrans Standard Plans and Specifications, all applicable federal, state, and local ordinances, standards, and requirements. Should a conflict arise, the governing specification shall be determined by the City Engineer.
21.Developer shall repave frontage area of Bellevue Road to the half section of the roadway. The design and construction of all frontage improvements shall be at the developer's sole expense and shall be constructed prior to issuance of any certificate of occupancy.
22.In addition to otherwise applicable development fees, if the subject property is located within an existing or a proposed Benefit District, the developer shall pay the Benefit District fee as set forth in the Engineer’s Report for the applicable Benefit District. Fees shall be charged and paid at the time of building permit issuance. The fees may be adjusted over time according to an index approved by City Council or as allowed by law.
23.The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
24.The project shall establish or annex into an existing Community Facilities District for the on-going Public Services operations including Fire and Police services.
25.The project shall establish or annex into an existing Lighting and Drainage District along with a Landscaping Maintenance District for the on-going maintenance of project lighting, open space areas and any proposed common landscape areas such as parks, landscape medians and parkway strips.
Ordinance No. CS 1067 Page 5
26.An encroachment permit shall be required for any construction to be done in the public right of way or in easements. Please note for any public improvement required sufficient warranty may be required by the city. The encroachment permit shall be obtained prior to the start of said work. The permit fees shall be determined per the current adopted Miscellaneous Fee Schedule.
27.Where the finished grade of the property is in excess of twelve inches (12") higher or lower than the abutting property or adjacent lots, a retaining wall or other suitable solution acceptable to the City Engineer shall be required, and any fence or wall shall be measured from the top of grade on the lower side of the retaining wall or slope. Retaining walls shall be shown on grading plans, shall be structurally engineered if over four (4) feet in height (from base of foundation to top of wall), including surcharge, and will require a separate building permit.
28.The developer shall coordinate all grading and improvements with adjacent property owners to the satisfaction of the City if required due to an encroachment. Any grading or drainage onto adjacent properties shall require written approval of those property owners affected, with said approval provided to the City Engineer.
29.All broken, cracked or otherwise damaged public improvements, such as curb, gutter, and sidewalk, shall be saw cut, removed and replaced in accordance with applicable city standards to the satisfaction of the City Engineer.
30.For the proposed on-site improvements and off-site improvements, the developer shall cause Improvement Plans to be prepared. The plans shall be prepared by a Licensed Civil Engineer or under his/her direction. The plans shall be prepared on 24" X 36" plan sheets and to a reasonable scale. The plans shall be in a format to be approved by the City Engineer and shall show all of the proposed grading and on-site and off-site improvements for the proposed development.
The title of the plan shall be shown at the top of Sheet No. 1. Sheets shall be numbered in consecutive order. An index showing the sheets contained within and as a part of the Site Improvement Plan shall be shown on Sheet 1. Separate On-Site and Off-site Improvement plan sets shall be submitted for City review.
31.Prior to occupancy, the developer shall supply the City with both hardcopy and electronic (Adobe PDF and AutoCAD file formats) showing plans that reflect the project as it was built (As-Builts or Record Drawings) to the satisfaction of the City Engineer. Off-Site Improvement Plans hardcopy shall be on 4-mil minimum thickness translucent mylar film.
32.The developer shall install water services to the proposed development.
Individual water services shall be provided for potable, landscape, and fire protection purposes, of adequate size for the proposed development. All services shall be metered.
Ordinance No. CS 1067 Page 6
33.Developer shall install a reduced pressure principle (RPP) backflow device for potable water and an approved backflow device for irrigation water. All services shall be metered, a Sensus “Flex-Net” radio read meter shall be used. Services shall include a backflow prevention device enclosure, mounted on a concrete pad. The RPP device shall include unions on both riser pipes for easier maintenance. RPP devices shall be shown on the Site Improvement Plan including, brand names and types.
34.All utility trenches or excavations shall be excavated, backfilled, and compacted in accordance with applicable City Standards and with any conditions for paving structural sections included within this resolution.
35.Applicant shall abandon and remove from the site any existing irrigation lines and other structures found. Lines shall be plugged at the property line with concrete.
36.Any water wells found during construction shall be destroyed and/or demolished in accordance with approved City Standards, requirements, and/or permits.
37.Site design and construction shall include the detention of storm water runoff.
Storm drainage facilities in the project area discharge into facilities of the Merced Irrigation District (MID). If necessary, Owner will enter into “Storm Drainage Agreement with the MIDDID No. 1”, paying an annual maintenance fee and any connection fees as established by the MIDDID No. 1 Board of Directors and as collected by MIDDID No. 1 and on the Merced County Tax Rolls. Existing flows and flows from proposed development are to be part of the storm drainage calculations for the development to be submitted to the City Engineer.
38.Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street.
39.Hydrologic and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided satisfactory to the City Engineer, or verification shall be provided that such calculations are not needed. Applicant shall be required to detain the full runoff volume of a 100 year 24 hr storm event for the existing planned Development or Applicant shall replace the detention basin capacity at a 1 to 1 compensatory replacement of the pre-existing capacity (55,348 cubic feet).
Infiltration surface area must be equal or greater than infiltration area of the preexisting storm detention basin.
40.Developer shall provide for a drainage system capable of handling and disposing of all surface water originating within the Development and all surface water that may flow onto the Development from adjacent lands. Said drainage system shall include any easements and structures required by the City Engineer to properly
Ordinance No. CS 1067 Page 7
handle the drainage and shall be designed so as to prevent ponding of surface water that would create a public health hazard or nuisance.
41.Developer shall comply with Chapter 13.22 of the Atwater Municipal Code "Storm Water Management and Discharge Control" and with the City of Atwater Post Construction Standards Plan.
42.Developer shall process a Post-Construction Stormwater BMP Operation and Maintenance Plan for review and approval to the satisfaction of the City Engineer. Applicant shall comply with the provisions of the City of Atwater PostConstruction Standards Plan.
43.Owner shall execute any agreements identified in the Post-Construction Standards Plan that pertain to the transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs to the satisfaction of the City Engineer and the Director of the Community Development Department.
44.Developer shall ensure finished pad elevations are at a minimum one foot above the 100-year (1% chance) base flood elevation as shown on the latest Federal Emergency Management Agency (FEMA) floodplain maps for Merced County, California. The developer shall be responsible for all necessary activities, applications, documentation, and costs to amend floodplain maps for their development [Letter of Map Amendment Revision (LOMAR)], and for obtaining a Floodplain Permit from the Community Development Director for all projects on parcels identified in a Zone “A” on the FEMA Flood Insurance Rate Maps for the City of Atwater. Application for LOMAR shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.
45.Detailed plans reflecting the design and construction of all public infrastructure improvements for street, sewer, water, and storm drain, both on- and off-site, shall be in conformance with the adopted Infrastructure Master Plans and as directed by the City Engineer. Developer shall have written approval from the City Engineer for any variations from the City’s Master Plans prior site plan approval.
46.Ensure that the site allows for the maneuverability of fire trucks, refuse vehicles, and any emergency service vehicles around the entirety of the site. Permanent site furnishings shall be installed to maintain sufficient clearance for emergency vehicular turnaround where designated on plan.
47.All fire apparatus access lanes on the site plan shall be dimensioned to ensure their locations and clearances meet the 2022 California Fire Code requirements for the proposed building height. Applicant shall provide a swept-path turning
Ordinance No. CS 1067 Page 8
analysis based on City of Atwater ladder truck apparatus for review and approval by the Engineering Division and Atwater Fire department prior to preparation and submittal of any site improvement plans.
48.Where applicable, NO PARKING – FIRE LANE signage and/or marking(s) shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.
49.Developer to provide sewer loading calculations and report for the development.
50.Any septic systems found during construction shall be destroyed in accordance with approved Merced County Environmental Health requirements.
51.Developer shall properly abandon or relocate all utilities as necessary or required.
52.Developer shall comply with the requirements of all public utility companies.
53.All underground utilities shall be installed in conformance with existing City policy including without limitation the City of Atwater Subdivision and Zoning Ordinances.
54.The installation (if required) of all gas, electric, sewer, and water lines and any other below-surface utilities is to take place before the construction of any concrete curbs, gutters, sidewalks, and the surfacing of streets.
55.Developer shall install off-street improvements in improvement plans approved by the City Engineer to provide safe traffic conditions.
56.Applicant shall comply with all requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
57.The project shall be in compliance with the most recent Americans with Disabilities Act (ADA) regulations.
58.Sight distance requirements at all street intersections shall conform to City Standards.
59.The applicant shall submit a geotechnical report together with improvement plans to the City Engineer for review and approval. The report shall include the information and be in the form as required by the City Engineer and all applicable codes.
60.Developer shall submit three (3) sets of landscaping and irrigation plans to be reviewed and approved by the City of Atwater Public Works Division. Said plans
Ordinance No. CS 1067 Page 9
shall be prepared by a landscape architect licensed in the State of California. All landscaped areas shall be equipped with seven-day automatic irrigation systems with battery back-up. All landscaping shall always be maintained and said maintenance shall be the responsibility of the developer. Specific landscaping for screening shall have an appearance of mature growth subject to a field check and approval by the Community Development Director prior to Certificate of Occupancy.
61.The developer shall plant shade trees along street frontage in accordance with the 2017 Urban Forest Master Plan.
62.All slope banks in excess of two (2) feet in vertical height shall be landscaped and irrigated for erosion control and to soften their appearance as follows:
63.one 15-gallon or larger size tree per each 150 sq. ft. of slope area, one 1- gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover 12-24 inches on-center. In addition, slope banks in excess of five (5) feet in vertical height also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this condition shall include a permanent irrigation system to be installed by the developer prior to occupancy.
64.All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to ensure continued regular watering of landscape areas, and health and vitality of landscape materials.
65.Final inspection for occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans.
66.The Developer shall construct, to the satisfaction of the Director of the Department of Public Works, a public street lighting system that complies with the following conditions:
a. All fixtures shall use an LED light source.
b. All light standards, heads, and spacing shall be per City Standards.
Proposed lights of an ornamental nature shall not exceed 16 feet in height designed to the satisfaction of the Community Development Director and shall be spaced and located to the satisfaction of the City Engineer. c. Deposit with the City of Atwater, through the Department of Public Works, a cash deposit sufficient to:
Ordinance No. CS 1067 Page 10
i. Energize, maintain, and operate the street lighting system until tax revenues begin accruing from the Development for those purposes. ii. Pay the cost to process lighting district administration of this project
67.Applicant shall submit a complete area water pressure availability study for the Project prior to approval of improvement plans. If the study indicates that the present system is inadequate, Applicant must provide water system modelling prepared with a software simulation program that identifies any remedial action necessary to abate the deficiency and shall submit improvement plans for plan check and take all necessary actions at the applicant’s expense.
68.Applicant shall submit a study addressing on- and off-site storm water and/or sewer system capabilities. If the study indicates that the present systems are inadequate, Applicant must provide improvement plans and calculations for additional or upgraded storm water and/or sanitary sewer facilities, including offsite improvements, to correct storm water run-off and sanitary sewer demands anticipated for upstream build-out in accordance with the Atwater General Plan, and take all necessary actions at the applicant’s expense.
69.6-inch (6”) high Portland Cement Concrete curbing shall be provided between all paved areas and landscaped areas. In addition, curbing between the length of any parking space and a landscaped area shall include a 12” wide “courtesy curb.” Curb cuts shall be allowed for LID drainage designs.
70.All Conditions of Approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These Conditions of Approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the project developer to ensure that the project contractor is aware of, and abides by, all Conditions of Approval.
Prior approval from the Community Development Director must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.
PLANNING:
71.The Planning Commission shall retain the right to reconsider Tentative Map No. 23-22-0100 and Site Plan No. 23-22-0200.
72.Applicant shall comply with all Commercial Design Guidelines. Minor changes to the architectural style or square footage shall be reviewed and approved by the City Planner.
73.All on-site graffiti shall be the responsibility of the property owner. All graffiti shall be abated in accordance with City Graffiti Ordinances.
Ordinance No. CS 1067 Page 11
74.Applicant shall comply with all the conditions of approval prior to issuance of a business license.
75.Applicant shall comply with all conditions of the Merced County Division of Environmental Health, including the handling of all potentially hazardous material.
76.If any construction is to occur associated within the project boundary the applicant shall submit Tenet Improvement (T.I.) plans to address the changes to the interior of the building. Plans shall be generated by an Architect or Engineer licensed within the State of California.
77.The parcel map shall not be recorded until authorization is given by the City Council for the City Clerk to sign the parcel map.
78.Applicant shall submit a sign application prior to installation of all proposed signs to be installed on buildings or onsite shall be reviewed and approved by the City.
79.The site of the business shall always be kept clean and free of litter. Trash and garbage shall be removed from the site at the end of each day.
80.The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
81.This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, and Planning Commission as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents, or presentations is subject to review and approval prior to implementation.
82.The applicant or applicant’s successor in interest shall indemnify and defend and hold harmless the City of Atwater, its agents, officers and employees from any and all claims, actions, or proceedings against the City of Atwater, its agents, officer and employees to attack, set aside, void or annul any approval by the City of Atwater and its advisory agency appeal board or legislative body concerning this application, which action is brought within applicable statutes of limitation.
The City of Atwater shall promptly notify the applicant or applicant’s successor in interest of any claim or proceedings and shall cooperate fully in the defense. If the city fails to do so, the applicant or applicants’ successor in interest shall not thereafter be responsible to defend, indemnify or hold the City harmless. This condition may be placed on any plans or other documents pertaining to this application.
Ordinance No. CS 1067 Page 12
POLICE:
83.Any external electricity is secured to prevent theft of utilities.
84.Addition of adequate lighting to prevent unwanted access or camping on the property.
85.Any external water is secured to prevent theft of utilities.
Section 2: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Atwater hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
Section 3: This ordinance shall take effect and be in force thirty (30) days after the date of its passage, and the City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in in accordance with State law.
INTROUDCED:
ADOPTED:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________________
MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK
SHEET NO. / 4010 N CHESTNUT DIAGONAL AVE STE 101 FRESNO, CA 93726 (559) 775-0023 FAX: (559) 775-0016 WWW.VICE-ENGR.COM FINAL PARCEL MAP NO. 23-XX PARCEL 2, IN THE CITY OF ATWATER, AS SHOWN ON A PARCEL MAP FILED IN BOOK 33 OF PARCEL MAPS, PAGE 45, MERCED COUNTY RECORDS, BEING A PORTION OF LOT 4, GERTRUDE COLONY, AS PER PLAT RECORDED IN BOOK 2 OF MAPS AND PLATS, PAGE 57, MERCED COUNTY RECORDS. OWNER'S STATEMENT NOTARY ACKNOWLEDGEMENT NOTARY ACKNOWLEDGEMENT SURVEYOR'S STATEMENT RECORDER'S STATEMENT CITY ENGINEER'S STATEMENT CITY SURVEYORS STATEMENT LEGAL DESCRIPTION PLANNING COMMISSION STATEMENT VICINITY MAP N NOTARY ACKNOWLEDGEMENT FLOOD ZONE 3 1
N89°59'00"E 659.60' (S89°59'00"W 659.62' R-1) (S89°59'00"W 660' R-3) LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 1 LOT 2 LOT 3 LOT 4 LOT "B" CITY OF ATWATER LOT 3 PM 75-36-REM PM 90-26-1 PM 33-45-1 PM 87-20-1 PM 87-27-1 N89°59'00"E 659.78' (N89°59'00"E 659.78' R-1) N1°04'30"E 565.30' R-1 N1°04'30"E 81.97' (N01°04'30"E 81.97' R-4) (N89°59'00" 145.00' R-1) N1°03'44"E 790.33' (N01°03'44"E 790.30' R-1) (N89°59'00"E 224.66') (N89°59'00"E 224.66' R-4) L1 L6 L2 L4 L5
N1°04'30"E 225.00' R-1 S89°59'00"W 514.61' R-1 L7L8 L9 L10 S1°04'30"W 790.30' R-1
N1°04'41"E 225.00'
(N01°04'41"E 225.00' R-1) 145.00' R-1
N01°04'19"E R-2 C1 N89°59'00"E 125.59'
S0°10'07"E 186.00'
S1°03'44"W 186.03' N89°59'00"E 129.58' N89°59'00"E 95.08' L11 PM 82-5-1
PARCEL 1 430856.76 SQ FT 9.89 ACRES
PARCEL 2 23730.79 SQ FT 0.54 ACRES
REDWOOD AVE MAGNOLIA CT BELLEVUE ROAD N89°59'00"E 235.78' (N89°59'00"E 235.79' R-4) N0°01'00"W 84.00' (N0°01'00"W 84.00' R-4) N89°59'00"E 2669.01' S89°59'00"W 5283.05' (S89°59'00"W 5280.05' R-2) S89°59'00"W 1954.37' (S89°59'00"W 1934.34' R-1) (S89°59'00"W 1954.37' R-2) (S89°59'00"W 1954.34' R-3) (S89°59'00"W 1954.37' R-4) L12 L13 LINE TABLE LINEL1L2L4L5L6L7L8L9 L10 LENGTH 4.52' 4.00' 59.00' 18.01' 20.00' 154.00' 198.06' 60.09' 21.42' BEARING N63°11'53"E S89°59'00"W N0°01'00"W N65°34'03"W N89°59'00"E S89°59'00"W N89°59'00"E N89°59'00"E N21°14'18"E CURVE DATA SEGMENT C1 DELTA 24°26'57" RADIUS 28.00' LENGTH 11.95'
WINTON WAY
SHAFFER ROAD SHEET NO. / 4010 N CHESTNUT DIAGONAL AVE STE 101 FRESNO, CA 93726 (559) 775-0023 FAX: (559) 775-0016 WWW.VICE-ENGR.COM FINAL PARCEL MAP NO. 23-XX 3 2 N BASIS OF BEARINGS: LEGEND
N89°59'00"E 659.60' (S89°59'00"W 659.62' R-1) (
PM 87-27-1 PARCEL 2 23730.79 SQ FT 0.54 ACRES(N89°59'00"E 224.66') (N89°59'00"E 224.66' R-4) L1 L2 L4 S89°59'00"W 514.61' R-1 L7L8 L10 L9 N89°59'00"E 125.59' S0°10'07"E 186.00'
S1°03'44"W 186.03' N89°59'00"E 129.58' N89°59'00"E 95.08' L11 N89°59'00"E 235.78' (N89°59'00"E 235.79' R-4) N0°01'00"W 84.00' (N0°01'00"W 84.00' R-4) S89°59'00"W 5283.05' L12 L13 SHEET NO. / 4010 N CHESTNUT DIAGONAL AVE STE 101 FRESNO, CA 93726 (559) 775-0023 FAX: (559) 775-0016 WWW.VICE-ENGR.COM FINAL PARCEL MAP NO. 23-XX 3 3 N