Agenda packet — Atwater City Council, March 25, 2024 (part 1 of 2)

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 25, 2024
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____ CLOSED SESSION:

Adjourn to Conference Room A
• Pursuant to Government Code Section 54957, Public Employee Performance Evaluation; Title: Interim City Manager

Page 1 of 248 ends

City Council Agenda for Meeting of March 25, 2024 Page 2 REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

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.

PRESENTATIONS
• Monthly report by Merced County District 3 Supervisor McDaniel

CONSENT CALENDAR

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

TREASURER’S REPORT:

1. February 29, 2024
Staff's Recommendation: Acceptance of report as listed.

WARRANTS:

2. March 25, 2024
Staff's Recommendation: Approval of warrants as listed.

Page 2 of 248 ends

City Council Agenda for Meeting of March 25, 2024 Page 3 MINUTES: (Citizens' Oversight Committee)

3. December 12, 2023 - Special meeting
Staff's Recommendation: Acceptance of minutes as listed.

MINUTES: (City Council)

4. a.) February 26, 2024 - Regular meeting
b.) March 11, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

5. Approving and Authorizing the Annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2023-24 and Approving a Budget
Amendment (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3447-24, approving the annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2023-24; and authorizes and directs the Interim City Manager to execute the Claim form on behalf of the City; and adoption of Resolution No. 3448-24, approving Budget Amendment No. 10 regarding FY 2023-24 Local Transportation Fund.

AGREEMENTS:

6. Approving and Authorizing a Purchase and Sale Agreement for Osborn Park Improvement Project 22-06 for APN: 156-060-010; and approving expenditure of any additional and related closing expenses (Interim City Manager Thompson)
Staff's Recommendation: Adoption of Resolution No. 3449-24 approving and authorizing the Purchase and Sale Agreement for approximately 0.43 acres (18,894 sq. ft) of real property in the amount of Thirty-Seven Thousand and Five Hundred Dollars ($37,500) for Osborn Park Improvements Project 22-06, in a form approved by the City Attorney and approves the expenditure of any additional reasonable and related closing expenses and authorizes and directs the Interim City Manager, or his designee, to execute all related documents on behalf of the City.

7. Awarding a General Construction Agreement with Best Contracting Service, Inc. for the Community Center Roof Repairs (Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301) (Public Works Director Vinson) Staff's Recommendation: Awards a General Construction
Agreement, in a form approved by the City Attorney, to Best Contracting Service, Inc. of Gardena, California, for the Community Center Roof Repairs, City Project 24-01, in an amount not to exceed $80,886.00 and authorizes construction contract change orders up to an aggregate amount of $8,088.60 (10%); and authorizes and directs

Page 3 of 248 ends

City Council Agenda for Meeting of March 25, 2024 Page 4 the Interim City Manager, or his designee to execute all contract documents on behalf of the City.

OTHER ACTIONABLE ITEMS:

8. Approving Specifications and Authorizing Advertising and Calling for Bids for Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson)
Staff's Recommendation: Approval of specifications and authorizing advertising and calling for bids for the Suncrest Street and Fortuna Avenue Overlay Project, Project No. 24-09, Bid Call Number 728-24.

9. Receiving and Filing Development Impact Fee Annual Report for FY 2022-23 and Adopt Resolution Making Five-Year Findings Regarding the Development Impact Fees for Fiscal Years 2017-18 to 2021-22 (Interim City Manager Thompson)
Staff's Recommendation: Receives and files the annual
Development Impact Fee (“DIF”) Report for Fiscal Year (“FY”) 2022-23 and approves Resolution No. 3450-24 Making Five-Year Findings Regarding the DIFs for Fiscal Years 2017-18 to 2021-22.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

10. Adoption of an Ordinance 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: Adoption of Ordinance No. CS 1067 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).
***END OF CONSENT CALENDAR***
CITY MANAGER REPORTS/UPDATES:

11. 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.

Page 4 of 248 ends

City Council Agenda for Meeting of March 25, 2024 Page 5 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
CLOSED SESSION:

Continuation of Closed Session if necessary
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.

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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

Page 6 of 248 ends

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

Page 7 of 248 ends

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 2/29/2024
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 16,988,533.27 1,024,354.33 1,055,247.59 16,957,640.01 0003 General Fund Capital (675,227.64) 95,065.21 388.76 (580,551.19) 0004 Public Safety Trans & Use Tax 2,130,505.67 972,509.21 1,019,057.72 2,083,957.16 0005 Ferrari Ranch Project Fund 2,306.29 0.00 0.00 2,306.29 0007 Measure V Fund 4,642,715.39 59,664.62 0.00 4,702,380.01 0008 Measure V 20% Alternative Modes 755,291.04 14,916.15 50.37 770,156.82 0009 Abandoned Veh Abatement Fund (6,901.41) 5,926.52 1,649.88 (2,624.77) 0010 Measure V Regional Fund (113,321.84) 0.00 3,873.70 (117,195.54) 1005 Police Grants Fund 60,012.25 53,726.00 5,950.00 107,788.25 1010 ARPA-American Rescue Plan Act 3,721,097.92 0.00 177,739.77 3,543,358.15 1011 Gas Tax/Street Improvement (186,885.52) 66,069.84 65,871.43 (186,687.11) 1013 Local Transportation Fund 379,763.-96 0.00 97,282.26 282,481.70 1015 Traffic Circulation Fund 1,505,005.19 0.00 0.00 1,505,005.19 1016 Applegate Interchange 778,294.11 0.00 0.00 778,294.11 1017 RSTP-Regional Surface Transp Prag 2,655,374.89 0.00 0.00 2,655,374.89 1018 SB1-Road Maint & Rehab RMRA 2,261,848.39 77,807.04 74,275.00 2,265,380.43 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 1,966,916.80 1,707.90 0.00 1,968,624.70 1021 Parks Grants Fund (1,571.39) 0.00 0.00 (1,571.39)
1040 General Plan Update-Housinq Element (85,406.00) 0.00 0.00 (85,406.00) 1041 General Plan Update Fund 2,157,394.27 0.00 31,323.00 2,126,071.27 1055 Neighborhood Stabilization 222,886.60 0.00 0.00 222,886.60 1059-80 Housing Grant Funds 818,369.14 1,000.00 0.00 819,369.14 1091 Police Facility Impact Fee 200,593.12 0.00 0.00 200,593.12 1093 Fire Facility Impact Fee 260,505.38 0.00 0.00 260,505.38 1095 Government Building Facility 279,287.75 0.00 0.00 279,287.75 3064-67 RedevelopmenUSuccessor Agency Funds 2,665,656.61 875.61 0.00 2,666,532.22 4020 Performance Bond Trust 221,575.23 0.00 0.00 221,575.23 4030 Narcotics Program Trust 2,092.73 0.00 0.00 2,092.73 4060 Section 125 Medical 1,724.49 70.00 0.00 1,794.49

Page 8 of 248 ends

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
FUND
4070 Section 125 Dependent Care
4080 Pension Rate Stblztn 115 Trust
4090 CFO No. 1 Trust
5001-55 All Maintenance Districts
5050 CFO Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
6010 Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF EquipmenUBldg Replacement
701 O Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
AS OF 2/29/2024
BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.

0.00 0.00 0.00 0.00
389,867.09 9,659.01 0.00 399,526.10
132,118.98 0.00 0.00 132,118.98
1,367,267.22 0.00 40,460.65 1,326,806.57
120,057.58 0.00 33,761.02 86,296.56
12,825,969.52 751,828.67 170,672.12 13,407,126.07
484,704.02 0.00 37,921.30 446,782.72
20,755.94 0.00 0.00 20,755.94
185,495.82 0.00 0.00 185,495.82
2,673,370.10 0.00 0.00 2,673,370.10
181,885.75 0.00 0.00 181,885.75
13,591,971.16 0.00 87,926.25 13,504,044.91
14,709,653.05 1,006,923.85 816,184.76 14,900,392.14
3,752,125.28 0.00 0.00 3,752,125.28
2,744,650.40 283,531.20 332,579.96 2,695,601.64
621,562.06 212.67 159,660.43 462,114.30
201,428.90 0.00 0.00 201,428.90
775,584.80 6,467.04 77,903.89 704,147.95
317,775.89 0.00 4,594.50 313,181.39
461,677.49 0.00 44,065.68 417,611.81
1,670,767.96 2,116.00 0.00 1,672,883.96
100,837,125.70 4,434,430.87 4,338,440.04 100,933,116.53 Prepared by:
j 4 ;
11 == / ,
c;:.:
- , Approved by: ~
Mark Borba, City Treasurer
----

Page 9 of 248 ends

Statement of Changes in Cash Balan~e
by Bank
As of 2/29/2024
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City- LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
64,720,586.84
1,181,553.00
7,852,391.20
2,934,009.13
993,928.68
22,764,789.76
389,867.09
2,116.00
4,422,648.08

7.78 . 3,885,628.93
371,171.36
81,639.75
9,659.01
64,720,586.84
1,183,669.00
8,389,410.35
2,562,837.77
993,936.46
22,683,150.01
399,526.10
100,837,125.70
Prepared by:
7 M>
10'
c ,
c:::=;;.:
~
z:::c::::.....
4,434,430.87 4,338,440.04 100,933,116.53
Approved by: ~ --
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

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

Bank Account Detail
City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-EmpEyment Benefits Trust
64,720,586.84
1,183,669.00
22,683,150.01
399,526.10
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
Chase Savings Account
8,438,563.88
2,562,837.77
993,936.46

0.00

Page 10 of 248 ends

WARRANT SUMMARY FOR MARCH 25, 2024
PREPARED BY: JOSEPH MURILLO
ACCOUNTS PAYABLE WARRANT $ 830,463.29
PREWRITTENS (CHECKS PROCESSED BETWEEN WARRANTS) $ 85,544.72

ADDITIONAL WARRANTS

DATE DESCRIPTION AMOUNT
3/8/2024 AFSCME District Council 57 $ 1,033.02
3/8/2024 APOA Union Dues $ 2,801.55
3/8/2024 EPARS Employee 457 Plan (PNC Bank) $ 4,458.00
3/8/2024 PERS Health - February 2024 $ 122,257.48
3/8/2024 PERS Retirement 2/15/24 - 2/28/24 $ 58,505.66
3/8/2024 State Disbursement - Child Support $ 115.38
TOTAL ADDITIONAL WARRANTS $ 189,171.09

PAYROLL

DATE DESCRIPTION AMOUNT
3/7/2024 Net Payroll $ 201,047.06
3/8/2024 Federal Taxes $ 64,251.32
3/8/2024 State Taxes $ 7,895.48
TOTAL PAYROLL $ 273,193.86
GRAND TOTAL $ 1,378,372.96
Mark Borba City Treasurer

Page 11 of 248 ends

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
3/21/2024- 11:47 AM
City of
twater
Ct rn r ria :y J'ri ' in
760 Belk3vto faced, 1waIer CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/08/2024 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 2,801.55 0 03/08/2024 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,033.02 0 03/08/2024 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 20,515.52 0 03/08/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 17,723.00 0 03/08/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,144.90 0 03/08/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 17,723.00 0 03/08/2024 General Fund Fica/Medi care-Employer PAYROLL TAXES-FEDERAL 4,144.90 0 03/08/2024 General Fund Pers Benefits PERS-RETIREMENT 10,009.03 0 03/08/2024 General Fund Deferred Compensation PNC BANK 700.00 0 03/08/2024 General Fund Deferred Compensation PNC BANK 3,758.00 0 03/08/2024 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 7,895.48 0 03/08/2024 General Fund Pers Deduction PERS-RETIREMENT 2,959.75 0 03/08/2024 General Fund Pers Deduction PERS-RETIREMENT 997.56 0 03/08/2024 General Fund Pers Deduction PERS-RETIREMENT 7,046.39 0 03/08/2024 General Fund Pers Benefits PERS-RETIREMENT 2,985.56 0 03/08/2024 General Fund Pers Benefits PERS-RETIREMENT 1,134.93 0 03/08/2024 General Fund Pers Benefits PERS-RETIREMENT 6,834.00 0 03/08/2024 General Fund Pets Benefits PERS-RETIREMENT 786.58 0 03/08/2024 General Fund Pets Benefits PERS-RETIREMENT 15,833.29 0 03/08/2024 General Fund Pets Benefits PERS-RETIREMENT 9,918.57 0 03/08/2024 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 Check Total: 139,060.41
0 03/07/2024 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 10,881.95 0 03/07/2024 General Fund Miscellaneous Bills PERS-HEALTH 1,661.29 0 03/07/2024 General Fund Pets Health Payable PERS-HEALTH 109,353.37 0 03/07/2024 Employee Benefits Fund General Administration-Ins PERS-HEALTH 360.87 Check Total: 122,257.48
Report Total: 261,317.89
AP-Checks for Approval (3/21/2024 - 11:47 AM) Page 1

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Accounts Payable
Checks for Approval
User:

Printed:

PREWRITTENS
jmurillo
3/21/2024 - 11:18 AM 750 Bellevue facda r VR 9sn301
City of
hate r
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24718 Risk Management Fund Claim Payments/Settlements JULIA CORONADO 65,788.00 Check Total: 65,788.00
24719 03/13/2024 Risk Management Fund Claim Payments/Settlements TOMASSIAN PIMENTEL & SHAPAZIAN 15,000.00 Check Total: 15,000.00
24720 03/18/2024 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 10.21 Check Total: 10.21
24721 03/18/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 131.51 Check Total: 131.51
24722 03/18/2024 Sewer Enterprise Fund Special Departmental Expense STATE WATER RESOURCES CONTROL BOARD 4,615.00 Check Total: 4,615.00
Report Total: 85,544.72
AP-Checks for Approval (3/21/2024 - 11:18 AM) Page 1

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Accounts Payable
Checks by Date - Detail by Check Date
User:

Printed:
750 Bellevue Road, iiuva6er CA 95301
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH CHA999 CHASE 03/25/2024
3042024 Tadich Grill 35.92
3042024 CMRTA 150.00
3042024 YICC Membership-Mark Pereida 75.00
3042024 Fosters Freeze 120.60
3042024 CPCA Executive Assistant-Stefani 675.00
3042024 Lowe's 17.30
3042024 Calif. Peace Officer Assn 324.00
3042024 In-Shape 30.00
3042024 American Airlines 848.41
3042024 Canva 844.99
3042024 EV Charging 26.49
3042024 Adobe 19.99
3042024 Lowe's 143.93
3042024 Fedex 25.91
3042024 Vistaprint 72.84
3042024 League of Calif -675.00
3042024 Home Depot 15.03
3042024 Jams@209 77.84
3042024 Carls Jr 16.57
3042024 Home Depot 153.63
3042024 Evgo 16.76
3042024 Hyatt Regency 1,286.76
3042024 Clovis Cleaners 55.36
3042024 Home Depot 44.24
3042024 Liebert Cassidy 3,500.00
3042024 CACEO 100.00
3042024 JAMF Software 268.00
3042024 Lowe's 872.18
3042024 Lifetime 43.47
3042024 American Airlines 1,225.21
3042024 League of Calif 650.00
3042024 Saguaro Palm Springs 882.24
3042024 Revival Animal Health 434.99
3042024 Disneyland Hotel 926.64
3042024 Walmart 99.83
3042024 American Airlines 1,085.20
3042024 Saguaro Palm Springs 882.24
3042024 Uber 36.70
3042024 Electrify America 37.52
3042024 Calif. Peace Officer Assn 150.00
3042024 Quickship Keys 12.60
3042024 Tractor Supply 17.28
3042024 Lowe's 11.86
3042024 Home Depot 33.10
3042024 Marriott Burbank 477.74
3042024 JAMF Software 268.00
3042024 RS Warehouse Stamps 81.75
3042024 Jams@209 52.00
jmurillo
3/21/2024 11:24 AM
ap of
Comiminity Prid Ciy Wide
AP Checks by Date - Detail by Check Date (3/21/2024 11:24 AM) Page 1

Page 14 of 248 ends

Check No Vendor No Vendor Name Check Date
Invoice No Description Reference
Check Amount
Total for this ACH Check for Vendor CHA999: 16,550.12
Total for 3/25/2024: 16,550.12
Report Total (1 checks): 16,550.12
AP Checks by Date - Detail by Check Date (3/21/2024 11:24 AM) Page 2

Page 15 of 248 ends

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
3/21/2024- 11:22 AM TG BelIe~Ue road, P1d8Der CR 963Q1
~+C .,i t~~- e~f
twater
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/25/2024 General Fund Special Departmental Expense CHASE 72.84 0 03/25/2024 General Fund Uniform & Clothing Expense CHASE 55.36 0 03/25/2024 General Fund Memberships & Subscriptions CHASE 324.00 0 03/25/2024 General Fund Memberships & Subscriptions CHASE 100.00 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 77.84 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 52.00 0 03/25/2024 General Fund Training CHASE 150.00
0 03/25/2024 General Fund Training CHASE 675.00
0 03/25/2024 General Fund Special Departmental Expense CHASE 17.28 0 03/25/2024 General Fund Special Departmental Expense CHASE 120.60 0 03/25/2024 General Fund Special Departmental Expense CHASE 872.18 0 03/25/2024 General Fund Memberships & Subscriptions CHASE 75.00 0 03/25/2024 General Fund Community Center Expense CHASE 43.47 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 882.24 0 03/25/2024 General Fund TraveUConferences/Meetings CHASE 882.24 0 03/25/2024 Water Enterprise Fund Special Departmental Expense CHASE 153.63 0 03/25/2024 Internal Service Fund Special Departmental Expense CHASE 143.93 0 03/25/2024 Internal Service Fund Special Departmental Expense CHASE 11.86 0 03/25/2024 Internal Service Fund Special Departmental Expense CHASE 44.24 0 03/25/2024 Internal Service Fund Special Departmental Expense CHASE 99.83 0 03/25/2024 Internal Service Fund Special Departmental Expense CHASE 33.10 0 03/25/2024 Internal Service Fund Operations & Maintenance CHASE 37.52 0 03/25/2024 Internal Service Fund Operations & Maintenance CHASE 17.30 0 03/25/2024 Internal Service Fund Operations & Maintenance CHASE 26.49 0 03/25/2024 Internal Service Fund Operations & Maintenance CHASE 16.76 0 03/25/2024 Information Technology Fund Special Departmental Expense CHASE 268.00 0 03/25/2024 Information Technology Fund Special Departmental Expense CHASE 268.00 0 03/25/2024 Information Technology Fund Special Departmental Expense CHASE 844.99 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 477.74 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 848.41 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 1,085.20 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 650.00 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE -675.00 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 1,225.21 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 1

Page 16 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/25/2024 General Fund Memberships & Subscriptions CHASE 150.00 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 926.64 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 36.70 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 16.57 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 35.92 0 03/25/2024 General Fund Travel/Conferences/Meetings CHASE 1,286.76 0 03/25/2024 General Fund Office Supplies CHASE 25.91
0 03/25/2024 General Fund Professional Services CHASE 30.00 0 03/25/2024 General Fund Special Departmental Expense CHASE 12.60 0 03/25/2024 General Fund Special Departmental Expense CHASE 434.99 0 03/25/2024 General Fund Special Departmental Expense CHASE 15.03 0 03/25/2024 General Fund Professional Services CHASE 19.99 0 03/25/2024 General Fund Professional Services CHASE 81.75 0 03/25/2024 General Fund Training CHASE 3,500.00
0 03/25/2024 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 105.93 Check Total: 16,656.05
24723 03/25/2024 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 2,750.00 24723 03/25/2024 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 95.39 Check Total: 2,845.39
24724 03/25/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 24724 03/25/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 24724 03/25/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 24724 03/25/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 130.39 Check Total: 325.99
24725 03/25/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 156.24 24725 03/25/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 156.24 24725 03/25/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 156.24 24725 03/25/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 92.07 24725 03/25/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 92.08 24725 03/25/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 92.08 Check Total: 744.95
24726 03/25/2024 General Fund Training ABRAHAM AGUILAR 72.62 24726 03/25/2024 General Fund Training ABRAHAM AGUILAR 180.76 Check Total: 253.38
24727 03/25/2024 Internal Service Fund Professional Services ALLWAYS TOWING LLC 280.00 24727 03/25/2024 General Fund Professional Services ALLWAYS TOWING LLC 280.00 24727 03/25/2024 Internal Service Fund Professional Services ALLWAYS TOWING LLC 450.00 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 2
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Page 17 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,010.00
24728 03/25/2024 Water Enterprise Fund Accounts Payable JOSE ANAYA 166.23 Check Total: 166.23
24729 03/25/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 56,148.53 24729 03/25/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 124,317.64 Check Total: 180,466.17
24730 03/25/2024 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK & SAFE SERVICE 7.58 24730 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense ASSOCIATES LOCK & SAFE SERVICE 19.49 Check Total: 27.07
24731 03/25/2024 General Fund Communications AT&T 219.35 Check Total: 219.35
24732 03/25/2024 General Fund Communications AT&T CALNET 286.21 24732 03/25/2024 General Fund Communications AT&T CALNET 158.37 24732 03/25/2024 Water Enterprise Fund Communications AT&T CALNET 321.30 24732 03/25/2024 Sewer Enterprise Fund Communications AT&T CALNET 512.15 24732 03/25/2024 Internal Service Fund Communications AT&T CALNET 591.87 Check Total: 1,869.90
24733 03/25/2024 General Fund Communications AT&T MOBILITY 372.84 24733 03/25/2024 General Fund Communications AT&T MOBILITY 280.48 24733 03/25/2024 General Fund Communications AT&T MOBILITY 821.32 24733 03/25/2024 Abandoned Veh Abatement Fund Communications AT&T MOBILITY 90.14 24733 03/25/2024 General Fund Communications AT&T MOBILITY 80.48 24733 03/25/2024 General Fund Communications AT&T MOBILITY 724.32 24733 03/25/2024 General Fund Communications AT&T MOBILITY 135.41 24733 03/25/2024 General Fund Communications AT&T MOBILITY 130.38 24733 03/25/2024 General Fund Communications AT&T MOBILITY 130.38 24733 03/25/2024 General Fund Communications AT&T MOBILITY 90.14 24733 03/25/2024 General Fund Communications AT&T MOBILITY 90.14 24733 03/25/2024 General Fund Communications AT&T MOBILITY 130.38 24733 03/25/2024 Gas Tax/Street Improvement Communications AT&T MOBILITY 45.07 24733 03/25/2024 Water Enterprise Fund Communications AT&T MOBILITY 130.38 24733 03/25/2024 Internal Service Fund Communications AT&T MOBILITY 45.07 24733 03/25/2024 Information Technology Fund Communications AT&T MOBILITY 45.07 24733 03/25/2024 General Fund Communications AT&T MOBILITY 43.96 24733 03/25/2024 General Fund Communications AT&T MOBILITY 43.96 24733 03/25/2024 General Fund Communications AT&T MOBILITY 87.92 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 3
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24733 03/25/2024 Gas Tax/Street Improvement Communications AT&T MOBILITY 263.76 24733 03/25/2024 Water Enterprise Fund Communications AT&T MOBILITY 439.60 24733 03/25/2024 Sewer Enterprise Fund Communications AT&T MOBILITY 527.52 24733 03/252024 Internal Service Fund Communications AT&T MOBILITY 43.96 24733 03/252024 Internal Service Fund Communications AT&T MOBILITY 43.96 24733 03252024 Information Technology Fund Communications AT&T MOBILITY 124.44 Check Total: 4,961.08
24734 03/252024 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 47.30 24734 03/252024 Internal Service Fund Professional Services ATWATER ELECTRIC 170.00 24734 03252024 Sewer Enterprise Fund Special Departmental Expense ATWATER ELECTRIC 97.30 24734 03252024 Sewer Enterprise Fund Professional Services ATWATER ELECTRIC 425.00 24734 03252024 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 647.60 24734 03/252024 Internal Service Fund Professional Services ATWATER ELECTRIC 680.00 Check Total: 2,067.20
24735 03252024 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 32.30 24735 03/252024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 11.60 24735 03/252024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 47.62 24735 03252024 Sewer Enterprise Fund Uniform & Clothing Expense BIG CREEK LUMBER COMPANY 58.16 24735 03252024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 16.86 24735 03/252024 Sewer Enterprise Fund Uniform & Clothing Expense BIG CREEK LUMBER COMPANY 50.41 24735 03/252024 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 29.08 24735 03252024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 69.47 24735 03/252024 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 21.33 Check Total: 336.83
24736 03252024 General Fund Uniform & Clothing Expense BOOT BARN 200.00 24736 03/252024 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 400.00
24737 03252024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 530.68 Check Total: 530.68
24738 03252024 Water Enterprise Fund Accounts Payable MARIA BRASIL 3.86 24738 03252024 Sewer Enterprise Fund Accounts Payable MARIA BRASIL 4.58 24738 03252024 Sanitation Enterprise Fund Accounts Payable MARIA BRASIL 2.57 Check Total: 11.01
24739 03252024 Water Enterprise Fund Accounts Payable SUSAN BRINSON 26.82 Check 26.82
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Page 19 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24740 03/25/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24740 03/25/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,476.50 24740 03/25/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24740 03/25/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24740 03/25/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 237.00 24740 03/25/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 Check Total: 5,026.50
24741 03/25/2024 Water Enterprise Fund Accounts Payable TIMOTHY & JUANITA BURNS 22.70 24741 03/25/2024 Sewer Enterprise Fund Accounts Payable TIMOTHY & JUANITA BURNS 26.93 24741 03/25/2024 Sanitation Enterprise Fund Accounts Payable TIMOTHY & JUANITA BURNS 15.11 Check Total: 64.74
24742 03/25/2024 General Fund Professional Services CAL FARM SERVICES 66.95 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 25.24 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 74.71 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 254.11 24742 03/25/2024 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 732.69 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 118.90 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 32.41 24742 03/25/2024 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 40.00 24742 03/25/2024 Water Enterprise Fund Special Departmental Expense CAL FARM SERVICES 1,052.99 24742 03/25/2024 General Fund Special Departmental Expense CAL FARM SERVICES 60.34 24742 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 77.57 Check Total: 2,535.91
24743 03/25/2024 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 130.00 Check Total: 130.00
24744 03/25/2024 Sewer Enterprise Fund Special Departmental Expense CENTRAL VALLEY CONCRETE 548.10 Check Total: 548.10
24745 03/25/2024 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,200.00 Check Total: 1,200.00
24746 03/25/2024 General Fund Special Departmental Expense CHURCHCHAIRS4LESS.COM 484.19 Check Total: 484.19
24747 03/25/2024 Water Enterprise Fund Accounts Payable JOSE CIBRIAN 48.47 Check Total: 48.47
24748 03/25/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 5
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24748 03/25/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 24748 03/25/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 24748 03/25/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 40.76 24748 03/25/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.37 24748 03/25/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 66.63 24748 03/25/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 90.37 24748 03/25/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 24748 03/25/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 24748 03/252024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 24748 03/252024 General Fund Uniform & Clothing Expense CINTAS CORP 38.37 24748 03252024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 40.76 24748 03/252024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 66.63 24748 03252024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 90.37 Check Total: 596.90
24749 03252024 General Fund Travel/Conferences/Meetings CITY OF LIVINGSTON 40.00 24749 03252024 General Fund Travel/Conferences/Meetings CITY OF LIVINGSTON 40.00 24749 03/252024 General Fund Travel/Conferences/Meetings CITY OF LIVINGSTON 40.00 Check Total: 120.00
24750 03252024 General Fund Professional Services COLE PRO MEDIA LLC 1,000.00 24750 03252024 General Fund Communications COLE PRO MEDIA LLC 2,200.00 Check Total: 3,200.00
24751 03252024 Internal Service Fund Communications COMCAST 110.27 Check Total: 110.27
24752 03252024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORf 2,318.62 24752 03/252024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 181.86 Check Total: 2,500.48
24753 03252024 General Fund Training JOSH CORCHADO 87.03 Check Total: 87.03
24754 03/252024 Water Enterprise Fund Accounts Payable LUIS CORONADO 140.58 Check Total: 140.58
24755 03/252024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24755 03/252024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 24755 03252024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24755 03252024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24755 03/252024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 AP-Checks for Approval (3212024 - 11:22 AM) Page 6
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Page 21 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24755 03/25/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24755 03/25/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24755 03/25/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
24756 03/25/2024 Water Enterprise Fund Accounts Payable DANE REALTY, INC. 34.88 24756 03/25/2024 Sewer Enterprise Fund Accounts Payable DANE REALTY, INC. 36.65 24756 03/25/2024 Sanitation Enterprise Fund Accounts Payable DANE REALTY, INC. 20.55 Check Total: 92.08
24757 03/25/2024 General Fund Professional Services DEPT. OF JUSTICE 213.00 24757 03/25/2024 General Fund Professional Services DEPT. OF JUSTICE 128.00 24757 03/25/2024 General Fund Professional Services DEPT. OF JUSTICE 93.00 Check Total: 434.00
24758 03/25/2024 General Fund Community Center Deposits HELEN DRAPER 210.00 Check Total: 210.00
24759 03/25/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 101.73 24759 03/25/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 1,205.73 24759 03/25/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 161.14 Check Total: 1,468.60
24760 03/25/2024 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 68.39 24760 03/25/2024 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 45.04 Check Total: 113.43
24761 03/25/2024 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 504.97 Check Total: 504.97
24762 03/25/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,677.80 Check Total: 1,677.80
24763 03/25/2024 Water Enterprise Fund Accounts Payable SAMUEL FLORES 170.05 24763 03/25/2024 Sewer Enterprise Fund Accounts Payable SAMUEL FLORES 4.58 24763 03/25/2024 Sanitation Enterprise Fund Accounts Payable SAMUEL FLORES 2.44 Check Total: 177.07
24764 03/25/2024 Internal Service Fund Professional Services FORK LIFT SPECIALTIES, INC. 480.00 24764 03/25/2024 Internal Service Fund Operations & Maintenance FORK LIFT SPECIALTIES, INC. 63.69 -
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Page 22 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 543.69
24765 03/25/2024 Water Enterprise Fund Accounts Payable FRANK BUYS HOUSES, LLC 33.59 24765 03/25/2024 Sewer Enterprise Fund Accounts Payable FRANK BUYS HOUSES, LLC 35.29 24765 03/25/2024 Sanitation Enterprise Fund Accounts Payable FRANK BUYS HOUSES, LLC 19.79 Check Total: 88.67
24766 03/25/2024 General Fund Travel/Conferences/Meetings KRISTINA GARDNER 155.20 24766 03/25/2024 General Fund Travel/Conferences/Meetings KRISTINA GARDNER 94.51 Check Total: 249.71
24767 03/25/2024 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 200.00 24767 03/25/2024 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 151.54 Check Total: 351.54
24768 03/25/2024 Water Enterprise Fund Accounts Payable TROY HAUSMANN 112.20 24768 03/25/2024 Sewer Enterprise Fund Accounts Payable TROY HAUSMANN 133.16 24768 03/25/2024 Sanitation Enterprise Fund Accounts Payable TROY HAUSMANN 74.56 Check Total: 319.92
24769 03/25/2024 General Fund Accounts Payable TRAVIS HAYES 2.00 24769 03/25/2024 Water Enterprise Fund Accounts Payable TRAVIS HAYES 149.88 24769 03/25/2024 Sewer Enterprise Fund Accounts Payable TRAVIS HAYES 32.07 24769 03/25/2024 Sanitation Enterprise Fund Accounts Payable TRAVIS HAYES 17.98 Check Total: 201.93
24770 03/25/2024 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,200.00 24770 03/25/2024 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 300.00 24770 03/25/2024 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,480.82 Check Total: 2,980.82
24771 03/25/2024 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 1,610.00 24771 03/25/2024 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 2,616.68 24771 03/25/2024 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 1,400.00 24771 03/25/2024 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 1,741.68 24771 03/25/2024 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 2,081.00 Check Total: 9,449.36.
24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 64.60 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 33.21 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 9.11 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 52.08 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 8

Page 23 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24772 03/25/2024 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 14.47 24772 03/25/2024 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 8.90 24772 03/25/2024 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 8.93 24772 03/25/2024 Cottage Gardens ST & LMA Professional Services JOE'S LAM)SCAPING & CONCRETE 5.96 24772 03/25/2024 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 19.68 24772 03/25/2024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 14.70 24772 03/25/2024 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 5.33 24772 03/25/2024 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 11.18 24772 03/25/2024 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 31.83 24772 03/25/2024 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 8.95 24772 03/25/2024 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 41.70 24772 03/25/2024 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 22.81 24772 03/25/2024 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 13.70 24772 03/25/2024 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 15.19 24772 03/25/2024 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 16.56 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 863.39 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,354.16 24772 03/25/2024 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 376.67 24772 03/25/2024 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 231.19 24772 03/25/2024 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 232.49 24772 03/25/2024 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 154.94 24772 03/25/2024 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 511.87 24772 03/25/2024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 382.08 24772 03/25/2024 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 138.72 24772 03/25/2024 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 289.06 24772 03/25/2024 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 827.69 24772 03/25/2024 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 592.99 24772 03/25/2024 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 356.12 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,679.74 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 236.95 24772 03/25/2024 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 232.81 24772 03/25/2024 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,084.18 24772 03/25/2024 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 395.05 24772 03/25/2024 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 430.75 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,679.74 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,354.16 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 236.95 24772 03/25/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 863.39 24772 03/25/2024 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 376.67 24772 03/25/2024 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 231.19 24772 03/25/2024 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 232.49 24772 03/25/2024 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 154.94 24772 03/25/2024 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 511.87 24772 03/25/2024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 382.08 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 9

Page 24 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24772 03/25/2024 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 138.72 24772 03/25/2024 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 289.06 24772 03/25/2024 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 827.69 24772 03/25/2024 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 232.81 24772 03/25/2024 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,084.18 24772 03/25/2024 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 592.99 24772 03/25/2024 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 356.12 24772 03/25/2024 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 395.05 24772 03/25/2024 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 430.75 Check Total: 21,140.59
24773 03/25/2024 Sewer Enterprise Fund Special Departmental Expense JORGENSEN COMPANY 353.83 Check Total: 353.83
24774 03/25/2024 Gas Tax/Street Improvement Uniform & Clothing Expense KELLOGG SUPPLY 15.08 24774 03/25/2024 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 313.95 24774 03/25/2024 Sewer Enterprise Fund Small Tools KELLOGG SUPPLY 76.84 24774 03/25/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 165.66 24774 03/25/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 8.52 Check Total: 580.05
24775 03/25/2024 RSTP-Regional Surf Transp Prog Ace Train Platform KRAZAN-VEIR 2,397.25 Check Total: 2,397.25
24776 03/25/2024 General Fund Special Departmental Expense L & L SIGNS 550.00 Check Total: 550.00
24777 03/25/2024 Water Enterprise Fund Accounts Payable SONIA LACHAPELLE 26.45 24777 03/25/2024 Sewer Enterprise Fund Accounts Payable SONIA LACHAPELLE 31.75 24777 03/25/2024 Sanitation Enterprise Fund Accounts Payable SONIA LACHAPELLE 17.80 Check Total: 76.00
24778 03/25/2024 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 1,330.68 Check Total: 1,330.68
24779 03/25/2024 General Fund Professional Services LEXISNEXIS RISK DATA MANAGEMENT 37.75 Check Total: 37.75
24780 03/25/2024 Public Safety Trans & Use Tax Machinery & Equipment LINE X 2,746.65 Check Total: 2,746.65
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Page 25 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24781 03/25/2024 General Fund Professional Services LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
24782 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 74.81 24782 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 103.08 Check Total: 177.89
24783 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24783 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24784 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 119.69 24784 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.93 Check Total: 284.62
24785 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 89.77 24785 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 123.70 Check Total: 213.47
24786 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24786 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24787 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24787 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24788 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24788 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24789 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 74.81 24789 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 103.08 Check Total: 177.89
24790 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24790 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24791 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24791 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page II
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Page 26 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 142.30
24792 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24792 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24793 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 119.69 24793 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.93 Check Total: 284.62
24794 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24794 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24795 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24795 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24796 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 104.73 24796 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 144.31 Check Total: 249.04
24797 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24797 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24798 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 119.69 24798 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.93 Check Total: 284.62
24799 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.57 24799 03!25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 226.78 Check Total: 391.35
24800 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 58.45 Check Total: 58.45
24801 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24801 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
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Page 27 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24802 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 179.53 24802 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 247.39 Check Total: 426.92
24803 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 19.62 24803 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 81.47
24804 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24804 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24805 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24805 03!25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24806 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24806 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24807 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 149.61 24807 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 206.16 Check Total: 355.77
24808 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 89.77 24808 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 123.70 Check Total: 213.47
24809 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24809 03!25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24810 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 104.73 24810 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 144.31 Check Total: 249.04
24811 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 134.65 24811 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 185.54 Check Total: 320.19
24812 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 13
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Page 28 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24812 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24813 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24813 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24814 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 119.69 24814 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.93 Check Total: 284.62
24815 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 74.81 24815 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 103.08 Check Total: 177.89
24816 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24816 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24817 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24817 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24818 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 119.69 24818 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 164.93 Check Total: 284.62
24819 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 44.88 24819 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 61.85 Check Total: 106.73
24820 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24820 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24821 03/25/2024 Water Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 59.84 24821 03/25/2024 Sewer Enterprise Fund Accounts Payable MAXWELL ENTERPRISES 82.46 Check Total: 142.30
24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 72.06 24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 60.90 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 14
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Page 29 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 60.90 24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 51.20 24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 57.66 24822 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 22.00 24822 03/25/2024 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. 12,599.12 Check Total: 12,923.84
24823 03/25/2024 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 669.68 Check Total: 669.68
24824 03/25/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 200.00 24824 03/25/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 200.00 24824 03/25/2024 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 580.00 Check Total: 980.00
24825 03/25/2024 General Fund Utilities MERCED IRRIGATION DISTRICT 724.61 24825 03/25/2024 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 895.72 24825 03/25/2024 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 228.87 24825 03/25/2024 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 117.23 24825 03/25/2024 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 800.73 24825 03/25/2024 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 61.97 24825 03/25/2024 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 76.29 24825 03/25/2024 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 38.17 24825 03/25/2024 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 76.29 24825 03/25/2024 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 357.30 24825 03/25/2024 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.66 24825 03/25/2024 America West LD Utilities MERCED IRRIGATION DISTRICT 169.15 24825 03/25/2024 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 375.29 24825 03/25/2024 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.66 24825 03/25/2024 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 471.07 24825 03/25/2024 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 724.73 24825 03/25/2024 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 585.82 24825 03/25/2024 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 267.97 24825 03/25/2024 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 395.15 24825 03/25/2024 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 20.66 24825 03/25/2024 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 429.20 24825 03/25/2024 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 671.78 24825 03/25/2024 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 7,021.87 Check Total: 14,551.19
24826 03/25/2024 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 1,125.00 24826 03/25/2024 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 86.68 24826 03/25/2024 General Fund Special Departmental Expense MERCED TRUCK & TRAILER INC. 94.87 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 15
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Page 30 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24826 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense MERCED TRUCK & TRAILER INC. 35.37 Check Total: 1,341.92
24827 03/25/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -19,393.13 24827 03/25/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -19,408.10 24827 03/25/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,317.76 24827 03/25/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,311.34 24827 03/25/2024 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 35,855.03 24827 03/25/2024 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 277,258.60 Check Total: 257,683.30
24828 03/25/2024 Internal Service Fund Professional Services MISTER CAR WASH 480.00 Check Total: 480.00
24829 03/25/2024 General Fund Communications MOTOROLA 300.00 Check Total: 300.00
24830 03/25/2024 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIP. 13,689.00 24830 03/25/2024 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 8,784.36 Check Total: 22,473.36
24831 03/25/2024 General Fund Professional Services MUNISERVICES LLC 731.12 Check Total: 731.12
24832 03/25/2024 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 1.41 24832 03/25/2024 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 44.91 Check Total: 46.32
24833 03/25/2024 General Fund Community Center Deposits MARIA NASH 350.00 24833 03/25/2024 General Fund Community Center Deposits MARIA NASH 210.00 Check Total: 560.00
24834 03/25/2024 General Fund Special Departmental Expense NATIONAL ASSOCIATION OF TOWN WATCH 35.00 Check Total: 35.00
24835 03/25/2024 Information Technology Fund Communications NEW HORIZON COMMUNICATIONS 2,536.58 Check Total: 2,536.58
24836 03/25/2024 General Fund Deposits OLD TOWN ATWATER 547.00 24836 03/25/2024 Water Enterprise Fund Water Service Charges OLD TOWN ATWATER -101.00 -
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Page 31 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 446.00
24837 03/25/2024 General Fund Training OPTEMPO TRAINING GROUP LLC 1,545.00 Check Total: 1,545.00
24838 03/25/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 17.16 24838 03/25/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 11.95 24838 03/25/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 18.48 24838 03/25/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 23.91 24838 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 14.88 24838 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 14.13 24838 03/25/2024 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 41.31 24838 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 21.74 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 286.97 24838 03/25/1024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 81.83 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 54.90 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -35.44 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 77.17 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 60.32 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 67.39 24838 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 13.03 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 342.28 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 122.75 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 220.48 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 17.38 24838 03/25/2024 Internal Service Fund Small Tools O'REILLY AUTO PARTS 69.58 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -17.39 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -8.54 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 155.78 24838 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 16.30 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 199.73 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 81.00 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 174.77 24838 03/25/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.61 Check Total: 2,176.46
24882 03/25/2024 General Fund Professional Services PACE SYSTEMS, INC 3,296.00 Check Total: 3,296.00
24839 03/25/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 27.40 24839 03/25/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 43,638.81 24839 03/25/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 60,293.55 _
AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 17

Page 32 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 103,959.76
24840 03/25/2024 General Fund Accounts Payable PANADERIA LULA'S 2.00 24840 03/25/2024 Sanitation Enterprise Fund Accounts Payable PANADERIA LULA'S 142.37 Check Total: 144.37
24841 03/25/2024 General Fund Accounts Payable EDUARDO PASTRANO, JR 2.00 24841 03/25/2024 Water Enterprise Fund Accounts Payable EDUARDO PASTRANO, JR 139.45 24841 03/25/2024 Sewer Enterprise Fund Accounts Payable EDUARDO PASTRANO, JR 11.46 24841 03/25/2024 Sanitation Enterprise Fund Accounts Payable EDUARDO PASTRANO, JR 6.42 Check Total: 159.33
24842 03/25/2024 Sanitation Enterprise Fund Accounts Payable PERFECT BROWS 123.33 Check Total: 123.33
24843 03/25/2024 General Fund Training TREVOR PHILLIPS 61.96 Check Total: 61.96
24844 03/25/2024 Water Enterprise Fund Special Departmental Expense POLLARDWATER 908.92 Check Total: 908.92
24845 03/25/2024 General Fund Tennis Key PRESTON'S LOCK & KEY 60.90 Check Total: 60.90
24846 03/25/2024 General Fund Special Departmental Expense PROFORCE 724.22 Check Total: 724.22
24847 03/25/2024 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 289.90 24847 03/25/2024 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 1,381.69 24847 03/25/2024 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 179.01 Check Total: 1,850.60
24848 03/25/2024 General Fund Office Supplies QUADIENT, INC. 114.00 Check Total: 114.00
24849 03/25/2024 Water Enterprise Fund Professional Services RAFTELIS FINANCIAL 11,093.75 24849 03/25/2024 Sewer Enterprise Fund Professional Services RAFTELIS FINANCIAL 11,093.75 Check Total: 22,187.50
24850 03/25/2024 Internal Service Fund Professional Services RAZZARI FORD\MAZDA 840.00 24850 03/25/2024 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 63.64 AP-Checks for Approval (312112024- 11:22 AM) Page 18
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Page 33 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24850 03/25/2024 Internal Service Fund Professional Services RAZZARI FORD\MAZDA 682.50 24850 03/25/2024 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 3,431.53 Check Total: 5,017.67
24851 03/25/2024 General Fund Special Departmental Expense RDO EQUIPMENT CO 400.70 Check Total: 400.70
24852 03/25/2024 General Fund Professional Services RONIN SERVICES 3,534.45 Check Total: 3,534.45
24853 03/25/2024 RDVLPMNT Obligation Retirement Professional Services RSG INC 1,206.25 24853 03/25/2024 General Fund Professional Services RSG INC 1,735.00 24853 03/25/2024 General Fund Professional Services RSG INC 262.50 24853 03/25/2024 RDVLPMNT Obligation Retirement Professional Services RSG INC 1,475.00 24853 03/25/2024 General Fund Professional Services RSG INC 637.50 24853 03/25/2024 Low&Mod Inc Housing Asset Fund Professional Services RSG INC 537.50 24853 03/25/2024 General Fund Professional Services RSG INC 492.50 24853 03/25/2024 RDVLPMNT Obligation Retirement Professional Services RSG INC 875.00 Check Total: 7,221.25
24854 03/25/2024 Water Enterprise Fund Accounts Payable NOE RUIZ DE LA CRUZ 55.49 24854 03/25/2024 Sewer Enterprise Fund Accounts Payable NOE RUIZ DE LA CRUZ 65.85 24854 03/25/2024 Sanitation Enterprise Fund Accounts Payable NOE RUIZ DE LA CRUZ 36.95 Check Total: 158.29
24855 03/25/2024 Sewer Enterprise Fund Uniform & Clothing Expense SAFE-T-LITE 46.43 24855 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 87.97 24855 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 171.04 24855 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,791.98 Check Total: 2,097.42
24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 577.00 24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 577.00 24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 290.00 24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON' 577.00 24856 03/25/2024 Internal Service Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 143.00 24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 290.00 24856 03/25/2024 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 290.00 24856 03/25/2024 Sewer Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON' 900.00 Check Total: 3,644.00
24857 03/25/2024 Internal Service Fund Professional Services SAN JOAQUIN VALLEY UNIFIED AIR POLLUTI 1,200.00 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 19
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Page 34 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,200.00
24858 03/25/2024 Sanitation Enterprise Fund Accounts Payable NEREIDA SANCHEZ 26.97 Check Total: 26.97
24859 03/25/2024 Sanitation Enterprise Fund Accounts Payable VANNAK SAO 56.82 Check Total: 56.82
24860 03/25/2024 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 83.07 24860 03/25/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 229.77 Check Total: 312.84
2486 1 03/25/2024 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 13,293.77 Check Total: 13,293.77
24862 03/25/2024 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 405.00 Check Total: 405.00
24863 03/25/2024 General Fund Office Supplies STAPLES 101.46 24863 03/25/2024 General Fund Office Supplies STAPLES 50.25 Check Total: 151.71
24864 03/25/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,412.39 24864 03/25/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 942.81 24864 03/25/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 942.81 Check 3,298.01
24865 03/25/2024 Water Enterprise Fund Professional Services SYNERGETIC COMMUNICATION INC 16.50 24865 03/25/2024 Sewer Enterprise Fund Professional Services SYNERGETIC COMMUNICATION INC 17.34 24865 03/25/2024 Sanitation Enterprise Fund Professional Services SYNERGETIC COMMUNICATION INC 9.73 Check 43.57
24866 03/25/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,979.27 24866 03/25/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 8,737.91 24866 03/25/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,206.47 24866 03/25/2024 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,492.60 Check Total: 16,416.25
24867 03/25/2024 Water Enterprise Fund Accounts Payable REGINALD TILLMAN 7.28 24867 03/25/2024 Sewer Enterprise Fund Accounts Payable REGINALD TILLMAN 8.64 24867 03/25/2024 Sanitation Enterprise Fund Accounts Payable REGINALD TILLMAN 4.85 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 20
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 20.77
24868 03/25/2024 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
24869 03/25/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,505.93 24869 03/25/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,928.59 24869 03/25/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 407.46 Check Total: 4,841.98
24870 03/25/2024 General Fund Rents & Leases US BANK EQUIPMENT FINANCE 156.94 Check Total: 156.94
24871 03/25/2024 Internal Service Fund Operations & Maintenance VAN DE POL 256.60 Check Total: 256.60
24872 03/25/2024 General Fund Travel/Conferences/Meetings EDGAR VASQUEZ-CHAVEZ 155.47 Check Total: 155.47
24873 03/25/2024 General Fund Communications VERIZON WIRELESS 342.09 24873 03/25/2024 General Fund Communications VERIZON WIRELESS 760.20 24873 03/25/2024 General Fund Communications VERIZON WIRELESS 38.01 24873 03/25/2024 General Fund Communications VERIZON WIRELESS 51.64 24873 03/25/2024 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.03 24873 03/25/2024 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.01 24873 03/25/2024 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 24873 03/25/2024 Internal Service Fund Utilities VERIZON WIRELESS 80.02 Check Total: 1,390.01
24874 03/25/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,094.18 Check Total: 1,094.18
24875 03/25/2024 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 167.18 24875 03/25/2024 Measure V 20% AltemativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 21.66 24875 03/25/2024 ARPA-American Rescue Plan Act Cedar and First Parking Lot VVH CONSULTING SERVICES 4,108.75 24875 03/25/2024 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 2,610.00 24875 03/25/2024 Sewer Enterprise Fund Atwater Blvd Drainage Imprvmts VVH CONSULTING SERVICES 2,750.00 24875 03/25/2024 Sewer Enterprise Fund Eucalyptus/First Drainage Imp VVH CONSULTING SERVICES 15,000.00 Check Total: 24,657.59
24876 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 119.14 AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 21
-
_
--
.,

Page 36 of 248 ends

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 119.14
24877 03/25/2024 Water Fund Capital Replacement Installation-New Water Meters WATERFORD IRRIGATION SUPPLY, INC 65.43 Check Total: 65.43
24878 03/25/2024 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
24879 03/25/2024 General Fund Special Departmental Expense WEST STEEL & PLASTICS INC 1,303.50 Check Total: 1,303.50
24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 63.50 24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 18.62 24880 03/25/2024 Sewer Enterprise Fund Uniform & Clothing Expense WINTON HARDWARE 35.05 24880 03/25/2024 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 150.84 24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 30.16 24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 14.41 24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 3.76 24880 03/25/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 7.53 24880 03/25/2024 Internal Service Fund Special Departmental Expense WINTON HARDWARE 73.54 24880 03/25/2024 General Fund Special Departmental Expense WINTON HARDWARE 5.38 24880 03/25/2024 General Fund Special Departmental Expense WINTON HARDWARE 68.90 Check Total: 471.69
24881 03/25/2024 Water Enterprise Fund Accounts Payable WISDOM PROPERTY MANAGEMENT 15.26 24881 03/25/2024 Sewer Enterprise Fund Accounts Payable WISDOM PROPERTY MANAGEMENT 16.03 24881 03/25/2024 Sanitation Enterprise Fund Accounts Payable WISDOM PROPERTY MANAGEMENT 8.99 Check Total: 40.28
Note: Check sequence after 24838 is out of sequence due to printing error.

Report Total: 830,463.29
AP-Checks for Approval (3/21/2024 - 11:22 AM) Page 22
_
.-

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CITY OF ATWATER

SPECIAL MEETING

CITIZENS' OVERSIGHT COMMITTEE
FOR

PUBLIC SAFETY TRANSACTIONS

AND USE TAX

ACTION MINUTES
December 12, 2023
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens' Oversight Committee for Public Safety Transactions and Use Tax met in Special Session this date at
5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Kindred-Winzer presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Committee Member Ingram.

ROLL CALL:

Present: Committee Members Ingram, Vice Chairperson Santos, Chairperson Kindred-Winzer

Absent: Committee Members Garner and Perez
Staff Present: City Manager Waterman, Police Chief Salvador, CAL FIRE Battalion Chief A yuso, Finance Director Nicholas,
Administrative Assistant Peralta
COMMENTS FROM THE PUBLIC:

Notice to the public was read.

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Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for December 12, 2023 Page 2 No one came forward to speak.

MINUTES:

September 5, 2023 - Regular Meeting
MOTION; Committee Member Ingram moved to approve the minutes as listed. The motion was seconded by Committee Member Santos and the vote was: Ayes:

Ingram, Santos, Kindred-Winzer; Noes: None; Absent: Garner, Perez. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Verbal Financial report (Finance Director Nicholas)
Item was moved to allow Police Chief Salvador to present his update first.

Verbal Police Department Update (Police Chief Salvador) Police Chief Salvador verbally presented an update on the Atwater Police Department and spoke about employment, accomplishments, fleets, and grant programs.

Verbal Financial report (Finance Director Nicholas)
Finance Director Nicholas provided a budget status update.

Chairperson Kindred-Winzer asked if any committee members had any questions.

Vice Chairperson Santos asked about rents and leases and what that entails.

Finance Director Nicholas and CAL FIRE Battalion Chief Ayuso provided clarification.

Chairperson Kindred-Winzer asked if any members of the public had questions.

Jim Price asked why reports are not up to date.

Verbal Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Battalion Chief Ayuso provided a verbal update on the Fire Department, including employment, grant programs, Measure B funds, purchasing new vehicles, how successful the tri-tip dinner was, and Open House at Station 42.

Verbal update (City Manager Waterman)
City Manager Waterman had nothing to report.

Page 39 of 248 ends

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for December 12, 2023 Page 3 Committee Member Ingram asked if an answer could be provided to Jim Price's question.

Finance Director Nicholas provided clarification.

ADJOURNMENT:

Chairperson Kindred-Winzer adjourned the meeting at 6:11 PM.

APPROVED:

Urld/L9
Rosa Kindred-Winzer, Chairpers
BY: Gisela Peralta
Oversight Recording Secretary

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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.

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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"

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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

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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.

Page 44 of 248 ends

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

Page 45 of 248 ends

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, Ambriz, Raymond, Button, Nelson; Noes: None; 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.

Page 46 of 248 ends

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

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 25, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Michael Hayes, Contract City Engineer
SUBJECT: Approving and Authorizing the Annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2023-24 and Approving a Budget Amendment (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3447-24, approving the annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2023-24; and authorizes and directs the Interim City Manager to execute the Claim form on behalf of the City; and adoption of Resolution No. 3448-24, approving Budget Amendment No. 10 regarding FY 2023-24 Local Transportation Fund.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City is eligible to submit an annual claim for disbursements of Local Transportation Funds (LTF). The Merced County Association of Governments (MCAG), as the designated transportation planning agency for Merced County, is responsible to schedule the Transportation Development Act (TDA) apportionments for the Merced County region, which include LTF. MCAG is also the administering agency for the allocation of these disbursements. Disbursements are made after eligible jurisdictions submit an authorizing resolution and a claim form to MCAG.

ANALYSIS:

LTF funds are disbursed to eligible jurisdictions making a valid claim for non-transit uses allowed under Public Utilities Code (PUC) Section 99402, for purposes necessary and convenient to the development, construction, and maintenance of the City’s streets and highways network. The MCAG Governing Board approved the Apportionment Schedule with Resolution 2024/01-18-02 (EXHIBIT “A”) at its regular meeting of January 18, 2024. The apportionment schedule is calculated by population and percentages of transit level of service. Per the adopted apportionment schedule, the City is eligible to receive $230,370 in LTF funding for Fiscal year 2023-2024.

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

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Agenda Report - Approving and Authorizing the Annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2023-24 and Approving a Budget Amendment (Public Works Director Vinson) Page 2

Staff prepared the annual LTF Claim (attached as Exhibit “A” to Resolution 3447-24) and identified a priority project to reconstruct Olive Avenue west of Winton Way.

II. FISCAL IMPACTS:

By adopting this resolution and filing its claim with MCAG, the City will receive $230,370 in LTF funding for Fiscal Year 2023-2024. Upon approval of Budget Amendment No. 10, sufficient funding will be available in the FY 2023-24 Budget, Local Transportation (LTF), Capital Project, 24-07 Olive Ave Reconstruction Account No. XXXX-XXXX-XXXX to fund the project as identified above, this account will be created pending Council approval of the item.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departmental managers.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is considered an exempt activity under provision of the California Environmental Quality Act (CEQA) under Section 15301 “existing facilities” therefore not subject to further analysis. Further, any other necessary or required environmental review will occur prior to any specific project approval.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution 3447-24, the Interim City Manager shall execute and file the City’s LTF Claim for Fiscal Year 2023-24.

Submitted by:

Page 49 of 248 ends

Justin Vinson, Public Works Director
Approved by:

Greg Thompson, Interim City Manager
Attachments:

1. 3447-24 Approving LTF Claim Submittal for FY 23-24

2. Exhibit A to CC Reso 3447-24 LTF Claim Form SR

3. Exhibit A to Staff Report for CC Reso 3447-3448 - 2024-01-18-02 - Resolution Authorize the Transportation Development Act Apport

4. Resolution No. 3448-24 BA No. 10 LTF FY 2023-24

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CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3447-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AND

AUTHORIZING THE ANNUAL LOCAL

TRANSPORTATION FUND (LTF) CLAIM TO BE

FILED WITH THE MERCED COUNTY

ASSOCIATION OF GOVERNMENTS (MCAG) FOR
FISCAL YEAR 2023-24
WHEREAS, under the Transportation Development Act of 1971 (“TDA”), Local Transportation Fund (“LTF”) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Atwater (“City”) meets all requirements to qualify for said scheduled apportionment allocated through the Merced County Association of Governments (“MCAG”), as the designated regional transportation planning agency; and
WHEREAS, the annual apportionment of LTF monies have been scheduled for disbursement to each jurisdiction in accordance with the requirements of the TDA; and WHEREAS, the City’s scheduled apportionment amount of LTF monies available to claim is $230,370 for Fiscal Year 2023-2024; and
WHEREAS, the City’s proposed expenditures of LTF monies are in conformity with the Regional Transportation Plan as adopted by MCAG; and
WHEREAS, the City has submitted a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG; and
WHEREAS, the City has reported expenditures of monies received for streets and highways purposes to the State Controller on or before October 1; and WHEREAS, MCAG has determined that there are no unmet transit needs for the City that are reasonable to meet and that if MCAG determines that there are unmet transit needs, including needs that are reasonable to meet, then the unmet transit needs shall be funded before any allocation is made for streets and roads;

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Resolution No. 3447-24 Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and authorize the filing of the annual LTF Claim attached hereto as EXHIBIT A and incorporated herein for Fiscal Year 2023-2024 in the amount of $230,370.

The foregoing resolution is hereby adopted this 25th day of March 2024.

AYES:

NOES:

ABSENT: APPROVED:
_____________________________

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

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LTF CLAIM INSTRUCTIONS – Streets & Roads Claims
These guidelines are intended to assist eligible applicants with their Local Transportation Fund (LTF) claims, and not to replace the Transportation Development Act (TDA) Statutes and California Code of Regulations manual. All references to Sections of the CAC or PUC in the following explanations and forms refer to Title 21 of the California Administrative Code and Chapter 4 of the Public Utilities Code and are identified throughout the forms for easy reference. Each claimant is responsible for compliance with all applicable statutes and codes. In addition, the claimant must provide to MCAG all required audits and reports.

Claim Eligibility
These eligibility requirements apply to ALL claimants for LTF monies:

1. A claimant shall be eligible for funds if its proposed expenditures are in conformity with the Regional Transportation Plan (CAC Section 6651).

2. A claimant shall be eligible for funds if it has submitted a certified fiscal audit within 180 days after the end of the fiscal year to MCAG, except where an extension (90-day maximum) was granted by MCAG (PUC Section 99245 and CAC Section 6664).

These eligibility requirements apply to LTF Streets and Roads claims:

1. A claimant shall be eligible for funds if expenditures of monies received for streets and highways purposes are reported to the State Controller on or before October 1 [PUC Section 99406 and CAC Section 6665].

2. A claimant shall be eligible for funds if MCAG determines for the area of the claimant that there are no unmet transit needs that are reasonable to meet. If MCAG determines that there are unmet transit needs, including needs that are reasonable to meet then the unmet transit needs shall be funded before any allocation is made for streets and roads [PUC Section 99401.5(c)].

Eligible Expenses
Eligible expenses for local streets and roads include the following (PUC Section 99402):
• development, construction, and maintenance of streets and highways • planning and contributions to the transportation planning process • acquisition of real property
• construction of facilities and buildings

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Claimant:

Type of Claim: Amount of Claim:
☒ STREETS & ROADS $ 230,370
☐ PEDESTRIAN & BICYCLE FACILITIES $
☐ OTHER (indicate purpose & TDA Section number ) $
☐ TOTAL $
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved and in accordance with the LTF Claim Instructions and the Transportation Development Act.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of my knowledge.

Authorized Representative:

Signature
Greg Thompson
Print or type name
Interim City Manager
Title
March 25, 2024
Date
Signature of Chief Financial Officer/ Authorized Agent

LOCAL TRANSPORTATION FUND CLAIM
FY 2023-2024

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LTF STREETS & ROADS CLAIM 2023-2024
Claimant: City of Atwater
Project Title, Location(s), and Description
Total Project Cost by Funding Source
Funding Source Amount

1. Local Transportation Fund $230,370

2. $

3. $

Total
$
*for additional projects add information on the following page Prepared by:

Signature
Greg Thompson
Type or print name
City Project Number: 24-07
Project Name: Olive Avenue Reconstruction
Description/Location: Reconstruct and improve Olive Avenue west of Winton Way. Work will include pavement rehabilitation and reconstruction/replacement of any other required facilities required for the pavement rehabilitation such as curb ramps, curbs and gutters, and pavement markings.

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CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3448-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 10 AMENDING 2023/24

FISCAL YEAR BUDGET REGARDING FISCAL
YEAR 2023/24 LOCAL TRANSPORTATION FUND
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3397-23 adopting the 2023/24 Fiscal Year Budget on June 12, 2023; and
WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 10 to the 2023-2024 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Local Transportation Fund for Fiscal Year 2023-2024.

Establish Budget
(Expense)
XXXX-XXXXXXXX Olive Avenue Reconstruction $230,370
Increase Budget
(Revenue) 1013-0000-3145 Local Transportation $230,370
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 13th day of March, 2023.

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS

CITY CLERK

Page 58 of 248 ends

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 25, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager

PREPARED
BY:

Christina Thurman, Executive Assistant
SUBJECT: Approving and Authorizing a Purchase and Sale Agreement for Osborn Park Improvement Project 22-06 for APN: 156-060-010; and approving expenditure of any additional and related closing expenses (Interim City Manager Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3449-24 approving and authorizing the Purchase and Sale Agreement for approximately 0.43 acres (18,894 sq. ft) of real property in the amount of Thirty-Seven Thousand and Five Hundred Dollars ($37,500) for Osborn Park Improvements Project 22-06, in a form approved by the City Attorney and approves the expenditure of any additional reasonable and related closing expenses and authorizes and directs the Interim City Manager, or his designee, to execute all related documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City Council is being asked to consider the adoption of Resolution No. 3449-24 which is for the approval and authorization of a Purchase and Sale Agreement for 329 E. Bellevue Road, Atwater CA 95301, also known as, Assessors Parcel Number 156- 060-010. The proposed acquisition consists of partial acquisition of the property, approximately 0.43 acres (18,894 sq. ft). The portion of the property to be acquired is unimproved land. The portion to be acquired does not have access to East Bellevue Road. It is irregular in shape, and visibility is limited. The parcel to be acquired is directly adjacent to the southwesterly border of Osborn Park.

The proposed acquisition is for the Osborn Park Improvement Project 22-06 to add necessary parking, circulation, and other park amenities at the Park.

Osborn Park, which is located across from 760 E. Bellevue Road, is in need of park improvements such as additional parking and new recreational activity enhancements.

During recreational events, vehicles park on the grass and across the street at the Community Center due to lack of parking stalls. This leads to sprinkler damage, and safety concerns about park users having to cross E. Bellevue Road (a designated 5 lane arterial roadway) to get to the park. This crossing has no traffic signals or stops to

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

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Agenda Report - Approving and Authorizing a Purchase and Sale Agreement for Osborn Park Improvement Project 22-06 for APN: 156-060-010; and approving expenditure of any additional and related closing expenses (Interim City Manager Thompson) Page 2

slow traffic down, so this leads to a dangerous condition for the park users.

II. FISCAL IMPACTS:

Sufficient funding is available for the acquisition in the Osborn Park Rehabilitation Project Account in the Parks and Recreation Fund, 1020-1080-V039. Per the 2003 Public Facility Development Impact Fee Study, parkland acquisition is an approved expenditure.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reouted and reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

The City finds that the proposed action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15004(b)(2)(a), as the City is proposing to enter into a land acquisition agreement which would require CEQA review, prior to any future use of the land and, alternatively, is exempt from CEQA review pursuant to CEQA section 15061(b)(3), where it can be seen with certainty that there is no possibility that the purchase may have a significant effect on the environment.

IX. STEPS FOLLOWING APPROVAL:

If City Council approves this item staff will prepare necessary documents for acquisition.

Submitted and Approved by:

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Greg Thompson, Interim City Manager
Attachments:

1. Resolution No. 3449-24

2. Purchase and Sale Agreement APN 156-060-010 (Say)

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CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3449-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AND

AUTHORIZING A PURCHASE AND SALE

AGREEMENT FOR OSBORN PARK
IMPROVEMENT PROJECT 22-06 FOR APN: 156-
060-010; AND APPROVING THE EXPENDITURE

OF ANY ADDITIONAL AND RELATED CLOSING
EXPENSES.

WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3375-23 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and, WHEREAS, the City has been negotiating with property owner to purchase the property for the Osborn Park Improvements; and,
WHEREAS, the City desires to purchase approximately 0.43 acres (18,894 sq ft) of real property located at APN: 156-060-010; and,
WHEREAS, the City has reached a final agreement with the owner of the property; and, WHEREAS, the City of Atwater adopted Resolution No. 3449-24 on March 25th, 2024, to approve Purchase and Sale Agreement for Osborn Park Improvement Project 22-06 to add additional parking and new recreational activity enhancements located at 329 E. Bellevue Road (APN: 156-060-010); and
WHEREAS, this project is statutorily exempt under California Environmental Quality Act (CEQA) guideline 15004(b)(2)(a), as the City is proposing to enter into a land acquisition agreement which would require CEQA review, prior to any future use of the land and, alternatively, is exempt from CEQA review pursuant to CEQ section 15061(b)(3), where it can be seen with certainty that there is no possibility that the purchase may have a significant effect on the environment; and,
WHEREAS, __ person(s) spoke in favor of the Purchase and Sale Agreement, __ person(s) spoke in opposition of the Purchase and Sale Agreement, and __ written comment(s) have been submitted either in opposition or in favor of the Purchase and Sale Agreement; and,

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Resolution No. 3449-24 Page 2
WHEREAS, the proposed Purchase and Sale Agreement for Osborn Park Improvement Project 22-06 would not have a detrimental effect on the health, safety, and welfare of the neighborhood nor have any adverse effect on the community, and would not result in direct changes to the existing uses on the site; and,
WHEREAS, this purchase shall not be construed as a commitment by the City to take any action prior to compliance with the California Environmental Quality Act (“CEQA”) as to any development of the property. As such the approval of the purchase does not preclude the City’s future consideration of any alternatives or mitigation measures that CEQA would otherwise require to be considered, including the alternative of not going forward with the development of the property; and,
WHEREAS, the City Council has determined that the following findings can be made for the Purchase and Sale Agreement in support of the Project:

1. That this project is exempt from CEQA review under CEQA guideline section 15004(b)(2)(a), and CEQA guideline section 15061(b)(3).

2. The public hearing for this Purchase and Sale Agreement was adequately noticed and advertised.

3. Adoption of the resolution 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 RESOLVED, that the City Council of the City of Atwater does hereby approve resolve, declare, and determine as follows:

1. The above recitals are true and correct and are incorporated herein by reference.

2. The City Council hereby approves and authorizes the Purchase and Sale Agreements for Osborn Park Improvement Project 22-06 for approximately .43 acres of real property located at APN: 156-060-010 and authorizes the expenditure of any necessary and related closing costs.

3. The City Manager, or his designee, is authorized and directed to execute purchase and sale agreements and such other documents necessary to effectuate the transaction contemplated by this Resolution, in such forms as are approved by the City Attorney.

4. The City Manager is authorized and directed to perform such actions as are necessary to carry out the purpose and intent of this resolution.

5. The Resolution shall take effect immediately upon adoption.

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Resolution No. 3449-24 Page 3
The foregoing resolution is hereby adopted this 25th day of March 2024.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________________

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

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 25, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Awarding a General Construction Agreement with Best Contracting Service, Inc. for the Community Center Roof Repairs (Categorically Exempt (CE) pursuant to the California
Environmental Quality Act (CEQA) guidelines, Section
15301) (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Awards a General Construction Agreement, in a form approved by the City Attorney, to Best Contracting Service, Inc. of Gardena, California, for the Community Center Roof Repairs, City Project 24-01, in an amount not to exceed $80,886.00 and authorizes construction contract change orders up to an aggregate amount of $8,088.60 (10%); and authorizes and directs the Interim City Manager, or his designee to execute all contract documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The existing roof at the Community Center is a standing seam metal panel with crimped seams. The design incorporates an internal gutter system which is typically problematic.

When it is raining, the roof will leak and water will get into some of the rooms inside the Community Center. On May 10, 2023, the City hired a roof evaluator to inspect the roof and determine where the leaks were coming from and an estimated cost of repairs so that the repairs could be included in the Fiscal Year 2023-24 Budget. The Council approved up to $100,000 for repairs to the Community Center roof upon adoption of the Fiscal Year 2023-24 Budget.

The scope of work consists of inspection of the roof and interior for any damage or areas of leaks, installing Unibond Butyl Tape to all repair areas, installing Garland metal primer, applying Liquitec at a rate of three (3) Gallons per square in two coats to areas where repairs will be made over Unibond Butyl Tape, install Tuff Stuff sealant at all pipe penetrations. The work included in the scope has an expected life of 15 years.

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

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Agenda Report - Awarding a General Construction Agreement with Best Contracting Service, Inc. for the Community Center Roof Repairs (Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301) (Public Works Director Vinson) Page 2

At the regular City Council Meeting on February 12, 2024, the City Council authorized a call for bids for the Community Center Roof Repairs. Bid proposals for this project were opened on Thursday, March 14, 2024, at 2:00 P.M. Four (4) bids were received. The bids ranged from $80,886.00 to $462,260. Two of the highest bids were deemed not responsive since they contained work outside the scope of the bid call. Staff reviewed bids and determined the bid received from Best Contracting Service Inc. was a responsible and responsive bid.

The recommended contract administration practice is to include 10% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $88,088.60. This total budget includes the construction contract amount of $80,886.00 and $8,088.60 for contingencies.

II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in the Internal Services Fund, Building Maintenance, Improvements Other Than Building Account No. 7000.9090.6031.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goals number one (1) and two (2) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and enhance quality of life.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

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Following City Council approval for the award of the contract, staff will issue a notice of award to the contractor, hold a pre-construction meeting, and issue a notice to proceed, with repairs to follow.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Greg Thompson, Interim City Manager
Attachments:

1. Bid Summary Bid Call

2. Construction Services Agreement

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CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

BID SUMMARY

CITY OF ATWATER
ROOFING PROJECT 2024
Project No. 24-01; Bid Call No. 726-24
Bid Opening: March 14,2024
No. Contractor Bid Total
1 Best Contracting Services, Inc.
19027 S. Hamilton Ave.

Cardena, CA 90248 $80,886.00
2 Fresno Roofing Co. Inc.
5950 E. Olive Ave.

Fresno, CA 93727 $86,000.00
3 Brazos Urethane, Inc.
28770 Ave. 14 1/2
Madera, CA 93638 $319,796.00
4 Barth Roofing Company, Inc.
4384 W. Pine Haven Dr.

Tracy, CA 95304
$462,260.00

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 1 of 11

GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and Best Contracting Services, Inc (“Contractor”) as of March 26, 2024, City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.

1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

A. This Contract;
B. Plans and Specifications for PROJECT NO. 24-01;
C. Special Provisions for PROJECT NO. 24-01;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.

Any and all obligations of the City and the Contractor are fully set forth and described therein.

All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.

2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).

3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions. Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR

26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.

4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. 24-01, entitled, “COMMUNITY CENTER ROOF REPAIRS PROJECT” for construction in Atwater,

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 2 of 11 Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.

City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.

5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:

BASE BID – PRICE IN NUMBERS AND WORDS
TOTAL BASE BID: $80,866.00

EIGHTY THOUSAND EIGHT HUNDRED EIGHTY-SIX
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the Total Contract Amount stated above as $8,088.60. In the event that additional services are deemed necessary, the Contractor shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure, in whole or in part, based upon a recommendation by the Public Works Director, or his designee. If additional services are requested and approved, they shall not exceed the amount approved in writing by the City Manager. In that event, the new total compensation shall not exceed the Total Contract Amount as stated herein, plus 10% of that price, or $8,088.60. If additional services in excess of this amount (total contract price plus 10%) are deemed necessary by City staff, an amendment to this Agreement will be required and must be approved by City Council prior to commencing the work.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 3 of 11

6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work. The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, with or without cause, or for convenience or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than fifteen (15) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.

7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.

If to City: Greg Thompson, Deputy City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor: Best Contracting Services, Inc
19027 S. Hamilton Ave.

Gardena, CA 90248
If to Surety: ___________________

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 4 of 11

8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.

9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).

10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:

A. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled

ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 5 of 11

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. Other Insurance Provisions.

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.

D. Acceptability of Commercial Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A:

VII.”

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 6 of 11 E. Verification of Coverage.

Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

F. Subcontractors.

Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages forsubcontractors shall be subject to all of the insurance requirements stated herein.

G. For Construction Risks.

If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee; and

2. The insurer shall waive all rights of subrogation against the City.

11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 7 of 11 Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor 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 Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract 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 the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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.

12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.

13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed.

The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 8 of 11 Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.

It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

14. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract.

It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

15. Article VI. The improvements contemplated in the performance of this Contract is a FederalAid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. (c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract 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 Contract have been fully complied with. (d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 9 of 11 (e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 10 of 11 (p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.

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GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Best Contracting Services, Inc Page 11 of 11 IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

CITY OF ATWATER, a Municipal Corporation BEST CONTRACTING SERVICE

By: _______________________________________ By:________________________________________ Greg Thompson, Deputy City Manager Contractor licensed in accordance with an act providing for the registration of contractors.

ATTEST:

By: ________________________________________
Kory J. Billings, City Clerk
APPROVED AS TO FORM:

By: ________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 24-01 TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 25, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Approving Specifications and Authorizing Advertising and Calling for Bids for Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizing advertising and calling for bids for the Suncrest Street and Fortuna Avenue Overlay Project, Project No. 24-09, Bid Call Number 728-24.

I. BACKGROUND/ANALYSIS:

All pavements deteriorate with the passage of time and application of traffic loads. The rate of deterioration is based on a complex interaction of many factors including, amount of traffic, pavement structure, materials used in construction, subgrade conditions and localized factors. Over the years, the deterioration of the roadways on Suncrest St and Fortuna Ave has been caused by a combination of climate and loadrelated distress. Climate-related distress in particular is due to weathering of asphalt concrete pavement and load related distress such as rutting and alligator cracking.

In 2018, Dynatest performed a network-level condition survey of the City's pavements and used the Pavement Condition Index (PCI) method in assessing the condition of the City's pavements. The PCI method is a more objective and repeatable method for assessing pavement conditions and is widely used in the industry. The condition assessment of Suncrest St, between Liberty St and Canal Dr, resulted in a very poor and fair condition. The road surface between Herman St and Canal St on Suncrest Ave will be an additional bid item due to the condition of the roadway still being in fair condition, and after bids are received, staff will evaluate the cost of the replacement of that roadway section and if it makes fiscal sense. The condition assessment of Fortuna Ave, between First St and Palm Ave, resulted in a very poor condition. If funding wasn't an issue, staff would recommend a full reconstruction of this section of Suncrest St and Fortuna Ave due to the poor condition of the roadway, but since the city is limited in funds, especially in its Gas Tax Fund, staff is recommending an overlay on both streets.

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

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Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson) Page 2

The specifications and scope of work included in the overlay of Suncrest St and Fortuna Ave will consist of grinding the existing asphalt concrete, installation of an asphalt paving mat, an overlay of 1 1/2" of asphalt concrete over the mat, and upgrading all concrete curb returns to ADA complaint curb returns. This is approximately 69,630 square feet of pavement overlay (this includes the additional bid roadway). This will also include approximately 50 feet of overlay on intersecting streets that do not have a gutter. See Exhibit-A for a map of the estimated areas included in the Project. The estimated cost of construction is $189,000. The actual construction cost will be determined after bids are received and staff returns to Council with its recommendation about awarding a construction contract.

II. FISCAL IMPACTS:

There are no fiscal impacts at this time. Once staff receives bids back from contractors, staff will return to council with a budget amendment and contract awarding construction.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will advertise the Notice Inviting Bids in a local

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Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson) Page 3

newspaper, on the City's website, and with one or more regional Builders Exchange.

Staff anticipates returning to the City Council with a recommendation to award the General Construction Contract and a budget amendment for the project.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Greg Thompson, Interim City Manager
Attachments:

1. 24-09_suncrest-fortuna-overlay_bid-book_1-of-2_rev1

2. 24-09_suncrest-fortuna-overlay_bid-book_2-of-2_REDUCED

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NTB-4

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT
* * * * * *

SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT
Project Number: 24-09

COPY OF BID ITEM LIST
(NOT TO BE USED FOR BIDDING PURPOSES)
BASE BID ITEMS:

ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 2,745
6 UPGRADE EXISTING CURB RAMPS LS 1
7 REPAIR EXISTING AC PAVEMENT SF 50,660
8 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
9 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 50,660 10 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
ADDITIVE ALTERNATE BID ITEMS:

ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
11 TEMPORARY TRAFFIC CONTROL LS 1
12 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
13 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1

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NTB-5
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
14 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 1,105
15 UPGRADE EXISTING CURB RAMPS LS 1
16 REPAIR EXISTING AC PAVEMENT SF 18,970
17 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1 18 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 18,970 19 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1

UNITS OF MEASURE
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET

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SP-1

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT
***********************************

SPECIAL PROVISIONS

SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT

ORGANIZATION
This section includes proposed additions, amendments, removals, and revisions to the Standard Specifications that are specific to this Contract. They are to be considered a part of the Construction Documents and Project Specifications.

Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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SP-2

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:

Contract Documents: Notice to Bidders and Special Provisions, Bid Book, Caltrans Standard Specifications, Project Specifications, Caltrans Standard Plans, Project Plans, and Contract.

Office Engineer: City Engineer
Replace the following definitions in section 1-1.07B:

Department/Department of Transportation: City of Atwater Director: The Director of Public Works for the City of Atwater acting either directly or through properly authorized agent or consultants.

District Director of Transportation: The Director of Public Works for the City of Atwater acting either directly or through properly authorized agent or consultants.

Engineer: City Engineer
Specifications: Standard specifications, Special Provisions, and Project Specifications

1. Standard Specifications: Specifications standard to Department construction projects. These specifications are in a book titled Standard Specifications. (Also be referred to as “State Specifications”). The 2023 edition of the Standard Specifications shall apply to this contract.

2. Special Provisions: Proposed amendments, deletions, or additions to the Standard Specifications, included as part of the Bid Book.

3. Project Specifications: Specifications specific to this Project, included as part of the Bid Book.

State: City of Atwater
Replace “The Department" in the paragraph 1 of section 1-1.08 with:

Caltrans
Replace section 1-1.12 with:

Make checks and bonds payable to the City of Atwater.

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SP-3
2 BIDDING
Replace section 2-1.06A with:
2-1.06A General
Locations for obtaining and viewing Contract documents are listed in the Notice to Bidders.

The City will receive sealed bids until 2:00 p.m. PDT on the bid open date at the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301. Bids received after this time will not be accepted.

The City will immediately open and publicly read the bids at the above location after the specified bid opening time.

The Notice to Bidders and Special Provisions includes the Notice to Bidders and Special Provisions, to be used together with the Standard Specifications and the Standard Plans.

The Contract Documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the City or any other person will not affect the risks or obligations assumed by you or relieve you from fulfilling any of the conditions of the Contract.

A Non-Collusion Affidavit is included in the Bid Book (Public Contract Code § 7106). Signing the bid also constitutes signature of the Non-Collusion Affidavit.

Add to section 2-1.07:

Examine all of the various parts of these Documents if contemplating the submission of a bid, and should there be any doubt as to the meaning or intent of the Contract Documents, you must request an interpretation, in writing, by Thursday, April 04, 2024, at 5:00 p.m. Any interpretation or change in the Contract Documents will be made, in the form of addenda to the Documents and will be furnished to all Bidders receiving a set of the Documents. Addenda will be issued by Monday, April 08, 2024 at 2:00 pm. The City is not responsible for any other explanation or interpretations of the Documents.

Request for interpretation must be submitted in writing to:

Justin Vinson
City of Atwater
Public Works Department
750 Bellevue Road
Atwater, California 95301
Fax: (209) 356-3168
Email: [email protected]
Replace section 2-1.08 with:

Section 2-1.08 BID ITEM DESCRIPTIONS
Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work constructed or installed.

The unit prices and lump sum prices shall include full compensation for furnishing the labor, materials, tools, equipment, and incidentals and doing all the work involved to complete the work included in the contract documents.

The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety.

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SP-4
Bid Item 1 - Mobilization
This is a lump sum bid item for preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, tools, supplies, and incidentals to the project site; for the establishment of all Contractor’s offices, buildings, and other facilities necessary for work on the project; for obtaining permits, bonds, and insurance; and for all other work, operations, and overhead that must be performed and/or costs incurred prior to beginning work on the various contact items on the project site. This item also includes demobilization, including removal of all personnel, equipment, tools, supplies, and incidentals from the project at the end of construction, including final cleanup of the project work area.

Payment shall be per Section 9-1.16A and Section 9-1.16D. Payment for mobilization shall be made with the first pay estimate and shall not exceed 80% of the bid amount. Payment for demobilization shall be made with the last pay estimate and shall not exceed 20% of the bid amount.

Bid Item 2 – Temporary Traffic Control
This is a lump sum bid item for all costs for preparing and furnishing temporary traffic control plans in accordance with latest edition of Part 6 “Temporary Traffic Control” of the California Manual of Uniform traffic Control Devices (CA MUTCD) for furnishing and installing all materials, labor, and equipment necessary to provide traffic regulation in public streets and public alleys and traffic control/access to private properties during construction in accordance with Section 7-1.03 and the special provisions and these Contract Documents. Payment for traffic control/regulation shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project.

Bid Item 3 – Erosion, Sedimentation, and Pollution Control This is a lump sum bid item for all costs for preparing and furnishing the project Water Pollution Control Program (WPCP) and for furnishing and installing all materials, labor, tools, equipment, and incidentals necessary for compliance with the provisions of the project WPCP in accordance with Section 13 and the special provisions. Payment for this item shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project. Initial payment shall include the cost for preparing and furnishing the project WPCP.

Bid Item 4 –Remove Existing Traffic Striping and Pavement Markings This is a lump sum bid item for all costs for removal and disposal of existing traffic striping, pavement markings, and pavement markers complete within the project work area. The Work does not include removal of any yellow painted traffic stripe or pavement marking; as such, preparation of a Lead Compliance Plan 7-1.02K(6)(j)(ii) Lead Compliance Plan and for testing and disposal of hazardous waste due to lead and/or metals concentrations in existing traffic striping, pavement markings, and pavement markers is not a part of this bid item. Removal of traffic striping and pavement markings shall be by grinding.

Payment for this item shall be made on a lump sum basis and no additional payment shall be due therefor.

Bid Item 5 – Remove Existing AC Pavement (Wedge Grind)
This is a unit price bid item for cold planning a wedge grind per Section 39-3.04 at all perimeters of the project work area to provide for a smooth transition of the pavement overlay to meet and match the existing elevations of existing curbs, gutters, and pavements at the edges of the work. The wedge grind shall be one and one quarter inches deep (1.25”) adjoining existing gutters and half inches (1.5”) deep at the outer perimeter of all other locations and shall taper over a width of 42 inches (42”) where parallel to travelled ways and over a width of ten feet (10’) where transverse to travelled ways to match existing pavement elevations of the roadways. This item includes the removal and disposal/recycling of existing asphalt pavement as shown in the plans and described in the specifications and scope of work per all applicable sections of the standard specifications and special provisions. This item shall be bid per the units shown and shall conform to all applicable portions of the plans, specifications, special provisions, and scope of work.

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SP-5
Bid Item 6 – Upgrade Existing Curb Ramps
This is a lump sum bid item for all costs to upgrade existing curb ramps in the project work area to meet current accessibility requirements of the Americans with Disabilities Act (ADA) and all applicable accessible rules, regulations, and guidelines for work in the public right-of-way. The Public Works Department has inspected the work area and determined that the only upgrades required are the installation of Detectable Warning Surfaces (DWS) per the current Caltrans Standard Plans A88A and A88B. This project does not include the construction of new curb ramps where none currently exist. DWS may be of the retrofit style materials applied to existing concrete surfaces. Surfaces shall be prepared and materials installed per the manufacturer’s recommendations. All DWS supplied shall be on the current Caltrans Detectable Warning Surface Authorized Material List and in compliance with Sections 73-1.02B and 12-4.04B. Existing curb ramps at the northeast corner of Suncrest Street and Briarwood Street, the northeast corner of Fortuna Avenue and Alabama Street, and the northwest and southwest corners of Fortuna Avenue and First Street shall be upgraded with DWS (total quantity 4 curb ramps). This bid item includes all costs for the curb ramp upgrades and no additional payment shall be due therefor.

If the Engineer determines that any curb ramp must be replaced to meet accessibility requirements, then this shall be change order work. In such cases, replaced curb ramps shall be typical one-ramp corner installation and shall be the type Case A, Case B, Case C, or Case D, selected in coordination with the Engineer to best match the existing field conditions and available existing right-of-way.

Bid Item 7 – Repair Existing AC Pavement
This is a lump sum bid item to perform crack sealing all existing AC pavements in the project work area to prepare the existing pavements to a suitable condition for installation of pavement fabric and HMA overlay.

This item also includes replacement of traffic signal detector loops and lead-in cables for the northbound lanes at the First Street leg of the intersection of First Street, Shaffer Road, and Bellevue Road (see marked as-built plan included with Bid Book). Sealing of any pavement cutting required for replacement of traffic signal detector loops and lead-in cables shall be included in the cost of this bid item. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations. Payment shall be on a lump sum basis and no additional payment shall be due therefor. If it is determined by the Engineer that additional pavement repair beyond crack sealing is required, then this will be accomplished by change order work.

Bid Item 8 – Raise Existing Utilities Covers to Finish Grade This is a lump sum bid item for adjusting the various existing manhole, valve, and other utility covers at the locations shown on the plans and at any other locations necessary due to pavement work. The Contractor shall salvage the existing covers and reconstruct to final pavement grade as per the respective utility agency’s requirements. Manhole covers and water valve covers shall be raised in accordance with the City of Atwater Standard Plans.

The bid price for adjusting utility covers shall include full compensation for removing and salvaging existing covers and furnishing all labor, equipment, materials, and incidentals to replace them to permanent finish grade, all as shown on the plans and as specified herein.

Bid Item 9 – 1.5” Type A HMA Overlay with Pavement Fabric This is a unit price bid item for all costs for surface preparation after crack sealing, installation of pavement fabric including any required application of tack coat binder and sealant, and construction of the 1.5” Type A HMA overlay including placement and compaction for a complete paved roadway overlay. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations and Caltrans requirements for pavement fabric installation for pavement overlay. Payment shall be based on the unit price for the measured area constructed and no additional payment shall be due therefor.

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SP-6
Bid Item 10 – Replace Traffic Striping and Pavement Markings This is a lump sum bid item for all costs of furnishing and installing all materials, labor, equipment, and incidentals necessary to install traffic striping, pavement markings, and raised pavement markers in accordance with the Plans, specifications, special provisions, and scope of work to current Caltrans details.

All crosswalks shall be the Continental (high visibility) type with 2’-0” wide bars and 2’-0” space between bars. Where only a portion of an existing crosswalk marking is removed, replacement markings shall meet and match the existing crosswalk markings to remain. Payment will be made on a lump sum basis, and no additional payment will be made therefor.

Additive Alternate Bid Item 11 – Temporary Traffic Control This is a lump sum bid item for all costs for preparing and furnishing temporary traffic control plans in accordance with latest edition of Part 6 “Temporary Traffic Control” of the California Manual of Uniform traffic Control Devices (CA MUTCD) for furnishing and installing all materials, labor, and equipment necessary to provide traffic regulation in public streets and public alleys and traffic control/access to private properties during construction in accordance with Section 7-1.03 and the special provisions and these Contract Documents. Payment for traffic control/regulation shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project.

Additive Alternate Bid Item 12 – Erosion, Sedimentation, and Pollution Control This is a lump sum bid item for all costs for preparing and furnishing the project Water Pollution Control Program (WPCP) and for furnishing and installing all materials, labor, tools, equipment, and incidentals necessary for compliance with the provisions of the project WPCP in accordance with Section 13 and the special provisions. Payment for this item shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project. Initial payment shall include the cost for preparing and furnishing the project WPCP.

Additive Alternate Bid Item 13 –Remove Existing Traffic Striping and Pavement Markings This is a lump sum bid item for all costs for removal and disposal of existing traffic striping, pavement markings, and pavement markers complete within the project work area. The Work does not include removal of any yellow painted traffic stripe or pavement marking; as such, preparation of a Lead Compliance Plan 7-1.02K(6)(j)(ii) Lead Compliance Plan and for testing and disposal of hazardous waste due to lead and/or metals concentrations in existing traffic striping, pavement markings, and pavement markers is not a part of this bid item. Removal of traffic striping and pavement markings shall be by grinding.

Payment for this item shall be made on a lump sum basis and no additional payment shall be due therefor.

Additive Alternate Bid Item 14 – Remove Existing AC Pavement (Wedge Grind) This is a unit price bid item for cold planning a wedge grind per Section 39-3.04 at all perimeters of the project work area to provide for a smooth transition of the pavement overlay to meet and match the existing elevations of existing curbs, gutters, and pavements at the edges of the work. The wedge grind shall be one and one quarter inches deep (1.25”) adjoining existing gutters and half inches (1.5”) deep at the outer perimeter of all other locations and shall taper over a width of 42 inches (42”) where parallel to travelled ways and over a width of ten feet (10’) where transverse to travelled ways to match existing pavement elevations of the roadways. This item includes the removal and disposal/recycling of existing asphalt pavement as shown in the plans and described in the specifications and scope of work per all applicable sections of the standard specifications and special provisions. This item shall be bid per the units shown and shall conform to all applicable portions of the plans, specifications, special provisions, and scope of work.

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SP-7
Additive Alternate Bid Item 15 – Upgrade Existing Curb Ramps This is a lump sum bid item for all costs to upgrade existing curb ramps in the project work area to meet current accessibility requirements of the Americans with Disabilities Act (ADA) and all applicable accessible rules, regulations, and guidelines for work in the public right-of-way. The Public Works Department has inspected the work area and determined that the only upgrades required are the installation of Detectable Warning Surfaces (DWS) per the current Caltrans Standard Plans A88A and A88B. This project does not include the construction of new curb ramps where none currently exist. DWS may be of the retrofit style materials applied to existing concrete surfaces. Surfaces shall be prepared and materials installed per the manufacturer’s recommendations. All DWS supplied shall be on the current Caltrans Detectable Warning Surface Authorized Material List and in compliance with Sections 73-1.02B and 12-4.04B. Existing curb ramps at northwest corner of Suncrest Street and Briarwood Street, and at the northeast and southeast corners of Suncrest Street and Canal Drive shall be upgraded with DWS (total quantity 3 curb ramps). This bid item includes all costs for the curb ramp upgrades and no additional payment shall be due therefor.

Additive Alternate Bid Item 16 – Repair Existing AC Pavement This is a lump sum bid item to perform crack sealing all existing AC pavements in the project work area to prepare the existing pavements to a suitable condition for installation of pavement fabric and HMA overlay.

Additive Alternate Bid Item 17 – Raise Existing Utilities Covers to Finish Grade This is a lump sum bid item for adjusting the various existing manhole, valve, and other utility covers at the locations shown on the plans and at any other locations necessary due to pavement work. The Contractor shall salvage the existing covers and reconstruct to final pavement grade as per the respective utility agency’s requirements. Manhole covers and water valve covers shall be raised in accordance with the City of Atwater Standard Plans.

Additive Alternate Bid Item 18 – 1.5” Type A HMA Overlay with Pavement Fabric This is a unit price bid item for all costs for surface preparation after crack sealing, installation of pavement fabric including any required application of tack coat binder and sealant, and construction of the 1.5” Type A HMA overlay including placement and compaction for a complete paved roadway overlay. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations and Caltrans requirements for pavement fabric installation for pavement overlay. Payment shall be based on the unit price for the measured area constructed and no additional payment shall be due therefor.

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SP-8
Additive Alternate Bid Item 19 – Replace Traffic Striping and Pavement Markings This is a lump sum bid item for all costs of furnishing and installing all materials, labor, equipment, and incidentals necessary to install traffic striping, pavement markings, and raised pavement markers in accordance with the Plans, specifications, special provisions, and scope of work to current Caltrans details.

Remove section 2-1.18 in its entirety.

Replace paragraph 3 of section 2-1.33A with:

Do not fax forms except for the copies of forms with the public works contractor registration number submitted after the time of bid. Fax these copies to (209) 356-3168.

Add to the end of section 2-1.33A:

Submit Bids in a sealed envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301. Each sealed Bid must be plainly marked on the outside as “BID FOR SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT, Project No. 24-09, to be opened at 2:00 p.m., Thursday, April 11, 2024”. If submitting by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301.

All Bids must be made on the required Bid form. All blank spaces for Bid prices must be filled in, with ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one copy of the Bid form is required.

Replace line 8 of the table titled “Bid Form Submittal Schedule for a Non-FederalAid Contract without a DVBE Goal” in section 2-1.33B(3)(c)(ii) Bid Form Submittal with:

Local Business Preference Program Certification Time of Bid Replace paragraph 2 of section 2-1.34 with:

Submit cashier’s check, certified check, or bidder's bond with your Bid.

Add Section 2-1.38:
2-1.38 BID PROTEST
2-1.38A General
Any unsuccessful bidder may submit a bid protest. Bid Protests must be submitted under section 2-1.38B.

Bid protests not submitted under section 2-1.38B will not be considered. 2-1.38B Procedures
All bid protests must be submitted in writing. Bid Protests must be received no later than 5:00 PM on the tenth (10th) business day following the bid opening.

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Deliver bid protest to the following address:

City of Atwater Public Works Department
750 Bellevue Road
Atwater, California 95301
The following conditions apply to all bid protests:

1. The bid protest must contain a complete statement of the basis for the protest. The bid protest must identify and explain the factual and legal grounds for the protest, state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. Any written materials the protesting bidder believes to be necessary to support the bid protest must be attached to the bid protest. The protest must include the name, address, telephone number, e-mail, and facsimile number of the person representing the protesting party.

2. The party filing the protest must have submitted a bid on the project. A subcontractor of a bidder may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue their own protest.

3. The protesting bidder and any other bidder on the contract must promptly provide any information requested by the City staff as part of such investigation.

4. The Director of Public Works will provide a written response to the protestor within ten (10) business days after receiving the bid protest. The decision of the Director is final.

5. These bid protest procedures do not limit the City’s ability to reject all bids Add to section 2-1.40:

No Bidder may withdraw a Bid within sixty (60) days after the bid opening date. If the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the City and the Bidder.

Add to section 2-1.46:

The City may make such investigations as necessary to determine a Bidder’s ability to perform the Work, and the Bidder must furnish to the City all requested information and data for this purpose. The City reserves the right to reject any Bid if it determines a Bidder is unqualified to carry out the obligations of the Agreement and to complete the Work.

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3 CONTRACT AWARD AND EXECUTION
Add to the end of section 3-1.02A
If the contract is awarded, the contract shall be awarded to the lowest responsible bidder for the sum of the base bid plus any bid alternates the City chooses to award.

To ensure impartiality when selecting bid alternates, each bidder will be assigned an identification number when turning in his/her bid form to the City. The bidder’s names will not be revealed to City staff selecting the bid alternates until the selection of which bid alternates to award has been made. The selection of the apparent low bidder may or may not be announced at the bid opening. All bid forms shall be retained by the City until after the award selection has been made.

The bid alternates will be awarded as funding allows, and the City reserves the right to amend the budget for any particular project if it deems it is in the best interest of the City to do so.

Replace section 3-1.02B with:

The Department breaks a tied bid with a coin toss except:

1. If a local business bidder and a non–local business bidder request preferences and the reductions result in a tied bid, the City awards the contract to the local business bidder.

Replace section 3-1.04 with:
3-1.04 CONTRACT AWARD
If the City awards the contract, the award is made to the lowest responsible bidder within 15 days after bid opening but not before the close of the 10 days bid protest period.

If the lowest responsible bidder refuses or fails to execute the contract, the award is made to the second lowest responsible bidder within 25 days after bid opening.

If the second lowest responsible bidder refuses or fails to execute the contract, the award is made to the third lowest responsible bidder within 40 days after bid opening.

The City may extend the specified award period if the bidder agrees.

Replace “50 Percent” in item #2 of section 3-1.05 with:
100 percent
Replace Section 3-1.08 with:

Section 2-1.27 Local Business Preference Program
Program Description
In evaluating competitive bids to determine the lowest responsible bidder, if a non-local responsible bidder is initially determined to be the lowest responsible bidder, then any local responsible bidder shall be granted a preference in an amount equal to five percent (5%) of their responsive bid. If after deduction of the five percent (5%) preference from a local bidder's responsive bid, it is equal to or less than the lowest responsive bid submitted by the non-local responsible bidder, then the purchase award shall be awarded to the local responsible bidder. In the event that a non-local responsible bidder and a local responsible bidder have the same bid and it is the lowest bid, then the five percent (5%) preference need not be applied and the local

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business shall be selected to receive the purchase award. Under no circumstances shall the local business preference granted in a single bid exceed $5,000.00. The local business preference will not apply when bids are cooperatively solicited together with other public agencies. The local business preference may not apply and may be dispensed with when prohibited by State or Federal Statutes, or regulations requiring that a bid be awarded to the lowest responsible bidder, or as otherwise exempted from local preferences.

Good Faith Effort
All contractors who submit bids or proposals to construct or provide work on any City of Atwater Public Works Project, or for any other Public Works construction or improvement on City property, and who are seeking a local business preference, must make a good-faith effort to hire qualified individuals who are residents of the City of Atwater or Merced County in sufficient numbers so that no less than 50 percent (50%) of the contractor's total construction work force, including subcontractor work force, measured in labor work hours, is comprised of Atwater residents. This same requirement applies to all subcontractors.

Evidence of direct bid solicitations from at least three Local Businesses qualified to perform the work or supply the materials or equipment must be submitted for subcontracted work in excess of one half of one percent (½ of 1% or 0.5%) of the trade package amount. If no Local Businesses are qualified to perform the work or supply the materials or equipment, justification and evidence of reasonable attempts to locate qualified Local Businesses must be submitted, which may include, but is not limited to: 1) advertisements inviting bids or recruitment of local, qualified individuals in local newspapers, or 2) mail request for bids to local contractors, or 3) bid solicitations by phone, facsimile, or e-mail, or 4) advertisement or contact of recruitment sources to hire local, qualified individuals., or 5) identify local, qualified individuals that are part of the contractor’s or subcontractor’s construction workforce, or 6) develop a written plan to recruit local residents as part of the construction workforce
Quality and Fitness
The preferences established in this program shall in no way be construed to inhibit, limit or restrict the right and obligation of the City of Atwater to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids.

Local Business Eligibility
For the purposes of this program, a qualified local bidder is defined as any individual, partnership, or corporation which regularly maintains a place of business within the incorporated city limits of the City of Atwater and has a valid business license issued by the City of Atwater when the bid is provided. A nonlocal bidder shall be all others which may do business with the City of Atwater.

Enforcement
The information furnished by each bidder establishing a good faith effort to solicit Local Businesses shall be under penalty of perjury. No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation for the purpose of influencing the status of any entity as a Local Business.

Replace the entirety of section 3-1.18 with:
3-1.18 CONTRACT EXECUTION
The successful bidder must sign the Contract form.

Deliver to the contact listed in the Notice to Bidders:

1. Signed Contract form

2. Contract bonds

3. Certificates of insurance as identified in section 3-1.07

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4. Evidence that you possess a current, valid California Contractor’s license required to perform the Work under this Contract. A copy of your license is sufficient.

The City must receive these documents before the 5th business day after the bidder receives the contract.

The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183).

A sample Contract form is included in the Bid Book.
5 CONTROL OF WORK
Replace the entirety of Section 5-1.09:

The City of Atwater encourages mutual cooperation between the City, the Contractor and all project stakeholders. Compliance with Caltrans professionally facilitated project partnering is not required for this project.

Add to the end of section 5-1.20B(1) General:

The Contractor may be given a no-cost extension of time for unforeseen delays attributable to the permit.

Replace section 5-1.20E with:
5-1.20E Water Meter Charges
The City can provide construction water for a fee. The Fiscal Year 2023-24 costs for construction water supplied from fire hydrants, per City Council Resolution 3400-23, are as follows:

1. Meter Deposit: $547.00 (refundable);

2. Meter Installation: $46.00;

3. Water Usage: $5.00 per 1,000 gallons.

Fees may increase Contractor may obtain an application for a hydrant meter from the Finance Department.

Replace the entirety of Section 5-1.23 Submittals with:

SECTION 5-1.23 SUBMITTALS
A. General
Submittals covered by these requirements include manufacturers’ information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous work-related submittals. The Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer’s installation and other instructions as specifically required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents.

B. Contractor Responsibilities

1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work

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shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where his submittal may affect the work of another contractor or the City. The Contractor shall coordinate submittals among his subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections.

2. The Contractor shall coordinate submittals with the work so that work will not be delayed. The Contractor shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The Contractor shall not proceed with work related to a submittal until the submittal process is complete.

3. The Contractor shall certify on each submittal document that he has reviewed the submittal, verified field conditions, and complied with the Contract Documents.

C. Transmittal Procedure

1. Unless otherwise specified, submittals regarding material and equipment shall be accompanied by Transmittal Form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer’s package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

2. If the Contractor proposes to provide material, equipment, or method of work which deviates from the project requirements, he shall indicate so under “deviations” on the transmittal form accompanying the submittal copies.

3. If specified or agreed to by the Engineer, electronic submittals may be made in Adobe PDF electronic file format. File resolution must be at least 300 dpi. Each email attachment must not exceed 25 MB in size and the total size of any email message must not exceed 50 MB. Size limits are subject to change based on the policies of the City’s use of technology policies and limits. If separate emails are needed to accommodate large files indicate the total number of emails included in the submittal. After submitting electronic files, send a notification of the electronic submittal to the Engineer, including the names of the submitted files. Upon completion of review, the City will return one (1) or more electronic copy, depending on the number of reviewers required.

D. Submittal Review Procedure

1. Review shall not extend to means, methods, techniques, sequences or procedures of construction. Verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the project) or to safety precautions or programs incident thereto. Review of a separate item, as such, will not indicate approval of the assembly in which the item functions.

2. Seven copies, unless otherwise specified during the preconstruction meeting, of all submittals required shall be furnished to the Engineer for review. The Engineer shall review the submittal and return two copies of the marked-up original within 15 working days after receipt of a submittal for review and comment, unless otherwise specified. All shop drawings and layout

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drawings submittals shall be submitted a minimum of 20 working days before approved submittal drawings will be required for the work.

3. Submittals which do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review.

E. Effect of Review of Contractor’s Submittals

1. Review of contract drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the City, or by any employee thereof, and the Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed.

2. The Work covered by a submittal may be commenced only after the Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either “No Exceptions Taken” or “Make Corrections Noted.” Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents. Review of submittals by the Engineer shall not be construed as relieving the Contractor of his/her responsibilities under this Contract.

Replace the entirety of Section 5-1.24 CONSTRUCTION SURVEYS with:

The City of Atwater will furnish construction staking to execute the work. The Contractor shall make timely requests to the City for such staking on a form to be provided by the City. A written notice of not less than three working days will be required in advance of setting stakes. Preserve construction stakes, reference points, and other survey points. In case of their loss or destruction, the Contractor shall be liable for and charged with the cost of their replacement and for any expense resulting from their loss or disturbance.

Such costs may be deducted from amount due Contractor. Do not proceed with the work that requires construction staking until construction stakes have been provided.

Replace the entirety of Section 5-1.25 with:

Section 5-1.25 SURVEY MONUMENT PRESERVATION
The City shall be responsible to perpetuate and/or reset survey monuments that may be damaged or disturbed during construction in compliance with all applicable requirements of Section 8771 (a-f) of the California Business and Professions Code. However, Contractor shall be responsible to carefully preserve survey monuments that have been exposed or located, and shall be responsible to bear all expenses for replacement due to unnecessary loss. Contractor shall also be responsible to adjust monument well covers to grade within the area of improvements.

All costs for compliance with this section shall be included in the unit costs for the various items of work, with no additional compensation provided therefor.

Add before paragraph 1 of section 5-1.36(C)1:

Notify Underground Service Alert (USA North) at least 48 hours prior to beginning any work involving cutting, planning, trenching or digging. Contractor shall notify USA North at 811 or 800-642-2444 with the specifics of the intended work on the job site. Contractor shall follow and comply with all USA policies and procedures. Contractor shall obtain a USA ticket number and wait for utilities to mark the location of underground utilities within the Project area, or for USA to advise Contractor of the absence of underground utilities in the Project area. Contractor shall provide Engineer with USA ticket number and provide him/her the opportunity to review all utility markings prior to beginning any work.

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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace paragraph 2 of section 7-1.02K(2) with:

The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the California Department of Industrial Relations’ Internet Web Site at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. These wage rates are not included in the Bid Book for the project. Changes in general prevailing wage determinations apply to the Contract when the Director of Industrial Relations has issued them at least 10 days before advertisement. (Labor Code § 1773.6 and 8 CA Code of Regs 16204).

Add to section 7-1.02K(2):

All labor will be paid at not less than the minimum wage rates established by the State of California's Director of Industrial Relations (State Wage Rates). The minimum Federal Wage Rates, if applicable to this project, are included in and/or attached by reference to the book issued for bidding purposes entitled "Bid Book”.

Replace paragraph 5 of section 7-1.02K(3) with:

You may submit certified payroll records electronically to the City of Atwater by emailing records to [email protected].

Replace paragraph 1 of section 7-1.02K(6)(j)(ii) with:

Section 7-1.02K(6)(j)(ii) applies to this project and is included in Bid Item 4.

Add to the end of section 7-1.04:

Do not reduce an open traffic lane width to less than 10 feet, unless otherwise shown on approved temporary traffic control plans.

Add before paragraph 1 of section 7-1.05A:

You must defend, indemnify, and hold harmless the City, its elected and appointed councils, boards, commissions, officers, employees, agents, volunteers, representatives, and design professionals from and against any and all claims, lawsuits, actions, liabilities, damages, losses, expenses, costs, and actual attorneys' fees, arising out of or in connection with your performance of this Contract for:

1. any loss or damage that may happen to the work or any part thereof; and

2. for any loss or damage to any of the materials, equipment, tools, or other things used or employed in performing the work; and

3. for injury to or death of any person, either workers or the public; and

4. for damage to property from any cause which might have been prevented by the Contractor, or his/her workers, or anyone employed or subcontracted by him/her.

For purposes of your obligation to defend, indemnify, and save harmless, the term State will have the following meaning: The City of Atwater including its elected and appointed councils, boards, commissions, officers, employees, agents, volunteers, representatives, and design professionals.

Change the “Umbrella or excess liability” limits in the table titled “Liability Limits” in paragraph 1 of section 7-1.06D(2) to:
$2,000,000.

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Replace section 7-1.06G with:

At the option of the City, either: The insurer will reduce or eliminate such deductible or self-insured retentions as respects to the City of Atwater, its officers, directors, agents, and employees; or the Contractor will procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.

Add to section 7-1.06H:

Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City of Atwater, its officers, directors, agents, and employees. 8 PROSECUTION AND PROGRESS
Remove paragraphs 1 and 2 in section 8-1.04B
Replace paragraph 3 of section 8-1.10A with:

Liquidated damages for all work are two thousand five hundred dollars ($2,500) per day. 9 PAYMENT
Add to section 9-1.03:

The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.

Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

Replace "Department" in paragraphs 3, 4 and 5 of section 9-1.07A with:

Caltrans
Delete section 9-1.11
Add to section 9-1.16E(1):

The bid amount for the contract items of work is the maximum value the City recognizes for progress payment purposes unless approved change order work increases this amount.

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Replace section 9-1.16F with:

The City withholds five percent (5%) of all progress payments as retention. Retention will be paid to you with Final Payment.

You have the right to substitute securities for retention under Pub Cont Code § 22300. No substitution will be accepted until:

1. the City approves the securities and their value; and

2. the parties have entered into an escrow agreement (if the securities are to be held in escrow) in a form substantially similar to that under § 22300; and

3. all documentation necessary for assignment of the securities to the City or to the escrow agent, are delivered in a form satisfactory to the City.

If you substitute securities for any portion of the retention, the City may request that such securities be revalued from time to time, but not more often than monthly. Such revaluation will be made by a person or entity designated by the City and approved by you. If such revaluation results in a determination that the securities have a market value less than the amount of retention for which they were substituted, then the amount of the retention required under the Contract will be increased by such difference in market value.

Such increased retention will be withheld from the next progress payment(s) due to you under the Contract.

Replace section 9-1.22 with:

Claims must be litigated in a court of competent jurisdiction.

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DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add the following to section 12-1.01:

Not later than the preconstruction conference, submit a traffic control plan for acceptance by the Engineer.

The plan shall detail all measures to be taken to maintain traffic and control access through the area of work and maintain access to adjacent properties during construction.

The traffic control plan shall depict the traffic handling equipment and devices to be used and their location.

It shall detail lane closures, pedestrian detours, and temporary pavement delineations necessary to complete the work as shown on the plans.

Costs for developing and implementing the traffic control plan are to be included in the various bid items with no additional payment due therefor.

Add to the end of section 12-4.01A:

The full width of the traveled way must be open to traffic on:
• Friday after 3:00 p.m.
• Saturday
• Sunday
• Designated holidays
• Martin Luther King Jr. Day, Cesar Chavez Day, Good Friday, and the Friday after Thanksgiving.

Personal vehicles of contractor’s employees must not be parked on the traveled way or shoulders, including sections closed to traffic.
13 WATER POLLUTION CONTROL
Replace Section 13-1.01A Summary in its entirety with:
13-1.01A Summary
This project is anticipated to result in a total land disturbance area less than one (1) acre and is therefore not subject to the State of California’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (CAS000002, Order No. 2022-0057-DWQ). Preparation of a SWPPP and processing of Permit Registration Documents with the State’s Water Board are not required for this project.

Contractor will be required to prepare and implement a Water Pollution Control Program (WPCP) as a submittal prior to construction. The WPCP shall include, at a minimum:

1. Drawing(s) showing location and type of BMP’s proposed for the project;

2. Details or fact sheets of proposed BMP’s;

3. Emergency contact information for contractor and subcontractors; and

4. Inspection procedures indicating frequency of required inspections.

Contractor is required to continuously exercise good housekeeping and job site management to prevent sediment transport and stormwater pollution.

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Costs for preparation and implementing the WPCP are included in the bid item for “Erosion, Sedimentation, and Pollution Control”, and no additional payment will be provided therefor. The bid item includes installation and implementation of Best Management Practices (BMPs) required to prevent sedimentation and pollution discharge to storm drains including, but not limited to, inlet protection devices, street sweeping, washout management, and/or other means necessary to prevent polluted discharge to storm drains.

Remove sections 13-1.01C and 13-1.01D in their entirety.

Remove section 13-2 WATER POLLUTION CONTROL PROGRAM in its entirety.

Remove Section 13-3 STORMWATER POLLUTION PREVENTION PLAN in its entirety.
14 ENVIRONMENTAL STEWARDSHIP
Replace paragraph 2 of section 14-8.02A with:

Do not operate construction equipment or run the equipment engines form 7:00 pm to 7:00 am or on Sundays, except you may operate equipment within the project limits during these hours to:

1. Service traffic control facilities; or

2. Service construction equipment.

Should you feel it necessary to operate equipment or run equipment engines between 7:00 pm and 7:00 am or on Sundays, submit a request to the Engineer three working days in advance for review and approval.

If the Engineer approves the request for work between these times, the Contractor will be responsible for payment of the additional inspection costs incurred by the City to make available an inspector during nonworking hours. Additionally, work shall not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 pm to 7:00 am, unless authorized by the Engineer.

Add to section 14-9.02:

Fugitive dust control at the Project site is the sole responsibility of the Contractor. Dust control shall conform to all requirements set forth in the San Joaquin Valley Air Pollution Control District (SJVAPCD) Construction Notification Form, Regulation VIII, and Fugitive PM10 Prohibitions, as applicable, as well as the provisions in Section 14-9, “Air Quality” of the Caltrans Specifications and these Special Provisions.

The Contractor shall conduct and cause all working forces at the site to maintain the site in a neat, orderly manner throughout the construction operations. The work shall be conducted in a manner that will control dust, including compliance with Visible Dust Emissions (VDE) limits, maintaining Soil Stabilization at all times, management and cleanup of Carryout and Trackout, and management of Unpaved Access and Haul Roads, Storage Piles and Bulk Materials, and all Demolition Activities. When ordered to provide dust control, the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the Engineer. Street sweeping or roadway cleaning activities shall be completed with PM10-efficient street sweepers. During construction, the Contractor shall remove all rubbish and debris as it is generated. Upon completion of the work, the Contractor shall remove all equipment and debris, and shall leave the site in a neat, clean condition all to the satisfaction of the Engineer.

Water for the purpose of dust control shall be potable. All dust control operations shall be performed by the Contractor at the time, location and in the amount ordered by the Engineer. The application of either water or dust palliative shall be under the control of the Engineer at all times. Watering shall conform to the

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provisions of Section 13 "Water Pollution Control" of the Caltrans Specifications and these Special Provisions. Attention is also directed to Section 18 “Dust Palliatives” of the Caltrans Specifications and these Special Provisions.

The Contractor is responsible for obtaining construction water. 15 EXISTING FACILITIES
Add to the end of paragraph 1 of section 15-1.01:

This section also includes general specifications for removal and/or demolition of items called for in the plans, specifications, and scope of work.

Replace section 15-1.03c with:

Where existing items are called for in the plans, specifications, or scope of work to be salvaged or remanded to the owner, make reasonable efforts to contact private owners to determine particulars of delivery of salvaged materials. Deliver and store salvaged materials to owners in a neat, organized manner, or dispose of if specifically directed to do so by owners.

All items designated to be returned to the City shall be delivered to the Public Works Department Corporation Yard at 470 Aviator Drive, Atwater, CA 95301. Coordinate with the City’s Project Manager at least two (2) working days prior to any delivery.

Replace section 15-1.04 with:

Bid items for removal of existing features include all costs for removal and off-haul of said items or remanding them to owner if called for on the plans. Payment will be based on measured quantities and units indicated in the bid item list, with no additional payment made therefor. Costs for removal or demolition of items required to perform the work that are not specifically included in removal bid items are to be included in the other various items of work, with no additional payment made therefor.

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DIVISION III EARTHWORK AND LANDSCAPING
17 GENERAL
Replace paragraph 4 of section 17-2.03A with:

Clear and grub the entire job site as required where pavements, pavement overlays, curbs, gutters, sidewalks, and retaining curbs are to be constructed, and within the slope lines of any excavations and embankment slopes.

Replace section 17-2.04 with:

Costs for compliance with this section, as well as all other required surface preparation and demolition work not specifically included in other bid items, is to be included in the various bid items of work, with no additional payment provided therefor.

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DIVISION IV SUBBASES AND BASES
23 GENERAL
Replace section 23-1.01D(1)(b) with:

You and the Engineer must work together to avoid potential conflicts and to resolve disputes regarding test result discrepancies. Notify the Engineer within 5 business days of receiving the test result if you dispute the test result.

If you or the Engineer dispute each other's test results, submit your test results and copies of paperwork including worksheets used to determine the disputed test results. An independent third party performs referee testing. Before the independent third party participates in a dispute resolution, it must be qualified under AASHTO re:source program and Caltrans' Independent Assurance Program. The independent third party must have no prior direct involvement with this Contract. By mutual agreement, the independent third party is chosen from:

1. Caltrans laboratory in a district or region not in the district or region the project is located

2. METS

3. Laboratory not currently employed by you or your material producer If split acceptance samples are not available, the independent third party uses any available material representing the disputed material for evaluation.

If the independent third party determines the City's test results are valid, the Engineer deducts the independent third-party testing costs from payments. If the independent third party determines your test results are valid, the City pays the independent third-party testing costs.

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SP-23

DIVISION V SURFACINGS AND PAVEMENTS
37 SEAL COATS
Replace paragraph 1 of section 37-6.03 with:

Treat cracks from 1/4 to 1 inch in width for the entire length of the crack. Fill or repair cracks wider than 1 inch with Hot Mix Asphalt.

Replace 37-6.04 with:

The payment quantity for crack treatment is the area of existing pavement, measured in square feet, to be treated.
39 ASPHALT CONCRETE
Replace paragraph 2 of section 39-2.01(D) with:

Payment for tack coat, asphalt binder, and asphaltic emulsion is included in the payment for HMA bid items.

Replace paragraph 4 of section 39-2.01(D) with:

The payment quantity for HMA of the type and thickness shown on the bid item list is the area of installed HMA measured in square feet paved to the thickness indicated. Payment includes costs for materials, placement, and compaction with no additional payment made therefor.

Replace numbered line 1 in paragraph 2 of section 39-2.01C(3)(g) with:

1. Repair cracks 1/4 inch and wider, spalls, and holes in the pavement. This work is included in the bid item “Repair Existing Pavement” and no additional payment will be made therefor.

Remove paragraphs 3 and 4 and replace the first sentence in paragraph 4 of section 39-2.01C(4)(a) with:

You must place HMA on adjacent traveled way lanes such that at the end of each work shift, the distance between the ends of HMA layers on adjacent lanes is from 5 to 10 feet.

Add to section 39-2.02A(1):

Use one-half-inch (1/2”) maximum aggregate gradation unless otherwise specified or noted in the plans.

Use PG64-10 asphalt binder.

Replace section 39-2.02B(3) with:

The grade of asphalt binder for Type A HMA must be PG 64-10.

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SP-24
Replace section 39-2.06D with:

Bid item cost for HMA Overlay includes costs for placement and compaction of HMA in areas where asphalt pavement replacement or installation is called for in the plans, specifications, or scope of work. The payment quantity for HMA is the area of installed HMA, measured in square feet, paved to the thickness indicated in the bid item list, with no additional payment made therefor. No additional payment will be provided for pavement that is installed in thicknesses greater than called for in the plans, specifications, scope of work, and bid documents without prior authorization from the Engineer.

Replace section 39-3.01D with:

Bid item cost for “Remove Existing AC Pavement” includes all costs associated with cutting and removal of existing asphalt pavement as shown in the plans, including compliance with section 39-3.

Replace section 39-3.04D with:

Bid item cost for “Remove Existing AC Pavement (Wedge Grind)” includes all costs associated with cold planing asphalt concrete pavement as shown or described in the plans, specifications, and scope of work.

The payment quantity is lineal feet of actual length cold planed in a wedge grind to the width and depth described in the bid item and shown on the plans.

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SP-25

DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Replace Section 77-1 with:
77-1 UTILITY RELOCATION
77-1.01 GENERAL
This project will include adjustments to finish grade of existing utility structure rims, frames, and covers.

Existing “dry” utility structures including electrical, gas, cable television, and telephone structures will be adjusted to grade by the respective utility companies. The Contractor will prepare applications for adjustment to grade of these structures with the utility companies. Contractor is required to coordinate work as necessary to allow for the adjustment to grade prior to placement of HMA. The City of Atwater will pay fees due the utility companies necessary for the adjustments of their facilities to finish grade.

No additional compensation, including Time Related Overhead, will be paid as a result of delays by the utility companies in adjusting existing structures to grade. Additional working days may be granted in the event of delays caused by the utility companies. Any incidental costs associated with adjusting the existing dry utility structures to grade are to be included in the various bid items of work, and no additional payment will be provided therefor.

Contractor will be responsible for adjustment of existing “wet” utility structures as indicated on the plans, including storm drain manholes, sanitary sewer manholes, and water valve covers. Wet utility structure rims will be adjusted to grade in accordance with City standard details. Costs for adjustment of the existing sanitary sewer manhole is to be included in the bid item for “Raise Existing Utilities Covers to Finish Grade”.

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SP-26

DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Replace section 84-1.02 with:

Materials for the bid item “Replace Traffic Striping and Pavement Markings” shall be retroreflective thermoplastic per section 84-2.02C with glass beads per section 84-2.02B and shall consist of replacement traffic stripes and pavement markings per details of the current Caltrans Standard Plans and California MUTCD to match function of existing markings, with no additional payment made therefor.

Replace section 84-2.04 with:

Payment shall be lump sum for the bid item “Replace Traffic Striping and Pavement Markings” and shall include all costs for replacement traffic stripes and pavement markings per details of the current Caltrans Standard Plans and California MUTCD to match function of existing markings, with no additional payment made therefor.

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SP-27

DIVISION XI MATERIALS
96 GEOSYNTHETICS
Add to paragraph 1 of section 96-102J:

Paving fabric shall be PETROMAT® 4598 or approved equal.

Page 147 of 248 ends

Page 148 of 248 ends

TABLE OF CONTENTS
BID ITEM CHECKLIST BF-1
BIDDER INFORMATION BF-2
BID ITEM LIST BF-4
LIST OF SUBCONTRACTORS BF-6
AFFIRMATIVE ACTION PROGRAM CERTIFICATION BF-7
NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES BF-8 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BF-9
PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE) BF-10 NONCOLLUSION AFFIDAVIT BF-11
CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM QUESTIONNAIRE BF-12 DEBARMENT & SUSPENSION CERTIFICATE BF-13
BIDDER'S BOND BF-14
BID EXECUTION --PART 1 BF-15
BID EXECUTION –PART 2 BF-16
SAMPLE CONSTRUCTION CONTRACT BF-17
SAMPLE FAITHFUL PERFORMANCE BOND BF-25
SAMPLE LABORERS AND MATERIALMENS BOND BF-26

ATTACHMENTS
ATTACHMENT 1: PREVAILING WAGE RATES
ATTACHMENT 2: PLANS

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BF-1

BID ITEM CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 2:00 pm PDT on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.

PROJECT 24-09: FIRST STREET OVERLAY PROJECT
Item Page # Complete?
Bidder Information BF-2 Yes 
Bid Item List BF-4-5 Yes 
List of Subcontractors BF-6 Yes 
Equal Employment Opportunity Certification BF-9 Yes 
Public Contract Code Section 10285.1 Statement & Public Contract Code Section 10162 Questionnaire BF-10 Yes 
Response to Debarment & Suspension Certificate (if
applicable) BF-12 Yes N/A 
Disclosure of Lobbying Activities (if applicable) BF-14 Yes  N/A 
Bidders Bond & Security BF-15 Yes 
Bid Execution Parts 1 & 2 BF-16-17 Yes 
Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.

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BF-2

BIDDER INFORMATION
TO

CITY OF ATWATER
Project No.: 24-09
Bid Call No.: 728-24
FOR THE CONSTRUCTION OF: SUNCREST STREET AND FORTUNA AVENUE

OVERLAY PROJECT
NAME OF BIDDER:

BUSINESS ADDRESS:

TELEPHONE NO.: Area Code ( )
FAX NO.: Area Code ( )
The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State General Prevailing Wage Rates), the contract annexed hereto, and any addenda thereto, and also in accordance with the State of California Department of Transportation Standard Plans, 2023 Edition, the Standard Specifications, 2023 Edition, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered

Page 151 of 248 ends

BF-3
unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Department's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY OF ATWATER, and that discretion will be exercised in the manner deemed by the CITY OF ATWATER to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY OF ATWATER respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

If this bid shall be accepted and the undersigned shall fail to enter into the contract and furnish the two (2) bonds in the sums required by the Special Provisions, with surety satisfactory to the City of Atwater Engineering Division, within eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the Department that the contract has been awarded, the City of Atwater may, at its option, determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the City of Atwater.

The undersigned, as bidder, declares that the only persons or parties interested in this bid as principal are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this bid is accepted, that he will contract with the City of Atwater, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following item prices, to wit:

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BF-4

CITY OF ATWATER

BID ITEM LIST

SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT
PROJECT NO. 24-09
BID CALL NO. 728-24
BASE BID ITEMS:

ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

ITEM PRICE
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC
CONTROL LS 1
3 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC

STRIPING AND PAVEMENT

MARKINGS
LS 1
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 2,745
6 UPGRADE EXISTING CURB
RAMPS LS 1
7 REPAIR EXISTING AC
PAVEMENT SF 50,660
8 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1
9 1.5” TYPE A HMA OVERLAY
WITH PAVEMENT FABRIC SF 50,660
10 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1
TOTAL BID:
(SEE FOLLOWING PAGE FOR ADDITIVE ALTERNATE BID ITEM LIST)

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BF-5
ADDITIVE ALTERNATE BID ITEMS:

ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

ITEM PRICE
11 TEMPORARY TRAFFIC
CONTROL LS 1
12 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1
13 REMOVE EXISTING TRAFFIC

STRIPING AND PAVEMENT

MARKINGS
LS 1
14 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 1,105
15 UPGRADE EXISTING CURB
RAMPS LS 1
16 REPAIR EXISTING AC
PAVEMENT SF 18,970
17 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1
18 1.5” TYPE A HMA OVERLAY
WITH PAVEMENT FABRIC SF 18,970
19 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1
TOTAL ADDITIVE ALTERNATE BID:

UNITS OF MEASURE
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET
The bidder will list the name, address, the California contractor license number, and the portion of work of each subcontractor on the next page.

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BF-6

LIST OF SUBCONTRACTORS
The bidder certifies that:

A. I do not intend to subcontract any work on this project.

B. I do intend to subcontract portions of the work on this project.

NOTE: Check box A or box B. If a box is not checked, it will be deemed as box A checked.

If awarded the Contract, you propose to employ the following subcontractors to perform work or labor or render service in or about the work in an amount in excess of one-half of one percent (0.5%) of the total amount of your proposal or $10,000, whichever is greater. Listing of subcontractors is mandatory under Sections 4100-4108 of the Public Contract Code. If no subcontract work is proposed, except within the one-half of one percent (0.5%) or $10,000 limit set forth, you will so state.

NAME AND ADDRESS DEPT. INDUSTRIAL DESCRIPTION OF WORK BID ITEMS NUMBERS

OF SUBCONTRACTOR RELATIONS TO BE SUBCONTRACTED AND PERCENTAGE OF

AND LICENSE NUMBER REGISTRATION NUMBER WORK SUBCONTRACTED _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

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BF-7

CITY BID CERTIFICATIONS

AFFIRMATIVE ACTION PROGRAM CERTIFICATION
This certification of bidder regarding Affirmative Action Program shall be submitted by the bidder and shall be part of the contract documents:

The bidder hereby certifies that he/she is in compliance with the following:
• Title VI of the Civil Rights Act of 1964 (PL 88-352)
• Equal Employment Opportunity (Executive Order No. 11246) • California Fair Employment Practices Act
NOTICE: The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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BF-8

NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES
Policy Statement
In compliance with the Americans with Disabilities Act of 1990 and Section 51.55, Office of Revenue Sharing, Department of the Treasury, it is the policy of the City of Atwater that it will not aid or perpetuate discrimination against a qualified handicapped individual by funding an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the program or activity.

The City is committed to provide access to all City services, programs and meetings open to the public to people with disabilities.

In this regard, City and all of its contractors and subcontractors will take all reasonable steps in accordance with the Americans with Disabilities Act of 1990 and GRS Section 51.55 to ensure that handicapped individuals have the maximum opportunity for the same level of aid, benefit or service as any other individual.

Each agency, organization, or person seeking a bid, contract or agreement with the City of Atwater shall include a certification of compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 as incorporated in the Revenue Sharing Act.

NON–DISCRIMINATION CERTIFICATION
The bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 as incorporated in the Revenue Sharing Act, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap, discrimination and participation.

NOTICE: The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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BF-9

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The
bidder_________________________________________________________________,hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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BF-10

PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE)
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

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BF-11

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the City of Atwater.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Page 160 of 248 ends

BF-12

CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM

QUESTIONNAIRE
City of Atwater Code of Ordinances 03.04.270
The City of Atwater’s Local Business Preference Program offers a preference of a five percent (5%) reduction to a local bidder’s bid price, subject to conditions and requirements described in the City Code of Ordinances Section 03.04.270. Refer also to the Special Provisions for additional information.

Non-completion and/or non-submittal of this form will disqualify bidder from receiving the Local Business Preference.

The bidder intends to qualify for the City of Atwater Local Business Preference Program:

NO 
YES 
If “yes”, provide information requested below and attach Good Faith Effort documentation as described in the Special Provisions:

Business Name
Business Street Address
Business City, State, Zip
City Business License No.

Note: The above questionnaire is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute certification of this questionnaire Bidders are cautioned that providing false information may subject them to criminal prosecution.

Attach Good Faith Effort
Documentation to this form.

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BF-13

DEBARMENT & SUSPENSION CERTIFICATE
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

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BF-14

CITY OF ATWATER

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE
as Principal, and
, as surety,
are held and firmly bound unto the City of Atwater in the penal sum of ten percent (10%) of the total amount of the bid of the Principal above named, submitted by said Principal to the City of Atwater for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Atwater to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $_______________________.

The condition of this obligation is such that, whereas the Principal has submitted the above-mentioned bid to the City of Atwater, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at Atwater, California, for the FIRST STREET OVERLAY PROJECT NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two bonds with the City of Atwater one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ___________________ day of ____________________, A.D. 2024.
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)

PRINCIPAL
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)
SURETY
ADDRESS________________________________
NOTE: Signatures of those executing for the surety must be properly acknowledged.

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BF-15
BID EXECUTION – PART 1

SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT
PROJECT NO. 24-09
BID CALL NO. 728-24
Accompanying this bid is ______________________
(NOTICE: Insert the words "Cashier's Check," "Certified Check," or "Bidder's Bond," as the case may be.) in amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing bid as principals are as follows:

IMPORTANT NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of Contractors, License No._________________________ Expiration Date: ___________________Classification(s) _________________
ADDENDA - This Bid is submitted with respect to the changes to the contract included in addenda number/s
_________________________________________________________________ (Fill in addenda numbers if addenda has been received and insert, in this Bid, any Engineer's Estimate sheets that were received as part of the addenda.)
Warning - If an addendum or addenda have been
issued by the Department and not noted
above as being received by the bidder,
this Bid may be rejected.

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BF-16
BID EXECUTION – PART 2

SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT
PROJECT NO. 24-09
BID CALL NO. 728-24
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date Signature of Bidder
Name (Print)
Title
Business Name:

Business Address:

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BF-17

SAMPLE CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and ______________________________ (“Contractor”) as of ______________, 2024. City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.

A. This Contract;
B. Plans and Specifications for PROJECT NO. 24-09;
C. Special Provisions for PROJECT NO. 24-09;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda
Any and all obligations of the City and the Contractor are fully set forth and described therein.

2. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. 24-09, entitled, “PROJECT NO. 24-09 – SUNCREST STREET AND FORTUNA AVENUE OVERLAY PROJECT” for construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.

3. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:

Page 166 of 248 ends

BF-18
ITEM
NO. ITEM UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT

PRICE (IN

FIGURE)

ITEM TOTAL
(IN

FIGURES)
(Update upon award of contract)
TOTAL BID SCHEDULE ITEMS 1 THROUGH XX $__________
Name of Bidder or Firm: ___________________________________________

4. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work.

5. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Agreement for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.

If to City: Greg Thompson
Interim City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301

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BF-19
If to Contractor:

If to Surety:

6. Assignment of Contract. The Contractor shall not voluntarily assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.

7. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).

8. Insurance. Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.

A. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.

Page 168 of 248 ends

BF-20

4. An Automobile Liability Special Endorsement at least as broad as Exhibit 1 (attached) to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. Minimum Limits of Insurance.

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily injury,
personal injury and property
damage If Commercial General
Liability insurance or other form
with a general aggregate limit
shall apply separately to this
project/locations or the general
aggregate limit shall be twice
the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self-Insured Retentions.

D. Other Insurance Provisions.

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor;

Page 169 of 248 ends

BF-21
and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Ripon.

E. Acceptability of Commercial Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A:

VII.”
F. Verification of Coverage.

G. Subcontractors.

Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

Page 170 of 248 ends

BF-22
H. For Construction Risks.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee; and

2. The insurer shall waive all rights of subrogation against the City.

9. Hold Harmless. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation, in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

In the event that Contractor or any employee, agent, or subcontractor of Contractor 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 the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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.

10. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or

Page 171 of 248 ends

BF-23
eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.

11. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed.

The Engineer may approve such request when it is compatible with the City’s payment procedure.

12. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

13. Article VI. The improvements contemplated in the performance of this Contract is a FederalAid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

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BF-24
IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

ATTEST:

CITY OF ATWATER, a Municipal Corporation
(Herein called Owner)
By: ________________________________________ By:_______________________________________ Kory J. Billings, City Clerk Greg Thompson, Interim City Manager APPROVED AS TO FORM: ______________________________________ (Here in called Contractor)
By:________________________________________ By:_______________________________________ Frank Splendorio, City Attorney Contractor licensed in accordance with an act providing for the registration of contractors.

ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 24-09 TAXPAYER I.D. NO. ________________________ Contract No. ________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS:________________________________ _____________________ / $ _________________ PHONE:___________________________________ FAX: _____________________________________
EMAIL:___________________________________
By:__________________________________________ (SEAL)
Finance Director Verification

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BF-25

SAMPLE FAITHFUL PERFORMANCE BOND
(Contract)
WHEREAS, the City of Atwater, State of California, and ____________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 24-09; and, WHEREAS, __________________________________ hereinafter designated as Principal, has agreed to install and complete said work.

NOW, THEREFORE, we the Principal and _______________ , as Surety, are held and firmly bound unto the City of Atwater, hereinafter called "City" in the penal sum of $ _ , lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions of said improvement requirements, and any lawful modification thereof, on their part; and such work is performed at the time and in the manner specified by the City, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed, or to the specifications accompanying such work shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on ________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

Page 174 of 248 ends

BF-26

SAMPLE LABORERS AND MATERIALMENS BOND
(Contract)
WHEREAS. the City of Atwater, State of California, and ____________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 24-09; and, WHEREAS, ____________________________, hereinafter designated as Principal, has agreed to install I and complete said work; and,
WHEREAS, said Principal is required under the terms of the Contract Specifications to furnish a bond to secure the claims to which reference is made in Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code of the State of California. Now, said Principal and the undersigned as Surety are held and firmly bound unto the City of Atwater, hereinafter called the City, and all contractors, subcontractors, laborers, materialsmen and other persons employed in the performance of the work and refereed to in the aforesaid Code of Civil Procedure in the sum of $ , lawful money of the United States, for materials furnished or labor thereon-of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond, will pay in addition to the face amount thereof costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void. Otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said conditions or work shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named on ________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

Page 175 of 248 ends

ATTACHMENT 1:

PREVAILING WAGE RATES
FEDERAL MINIMUM WAGES MAY BE VIEWED AT THE FOLLOWING LINK:
https://sam.gov/content/wage-determinations
GENERAL PREVAILING WAGE RATE (CALIFORNIA) MAY BE VIEWED AT THE FOLLOWING LINK:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

Page 176 of 248 ends

ATTACHMENT 2:

PLANS

Page 177 of 248 ends

24-09 Suncrest & Fortuna Overlay
Vicinity Map 1 of 2
500 ft
N
➤
Image Landsat / Copernicus
Image Landsat / Copernicus Page 178 of 248
24-09 Suncrest & Fortuna Overlay
Vicinity Map 2 of 2
600 ft
N
➤
Image © 2024 Airbus
Image © 2024 Airbus Page 179 of 248
24-09 Suncrest & Fortuna Overlay
Base Bid Work at Suncrest Street
200 ft
N
➤
Image © 2024 Airbus
Image © 2024 Airbus Page 180 of 248
24-09 Suncrest & Fortuna Overlay
Base Bid Work at Fortuna Avenue
200 ft
N
➤
Image © 2024 Airbus
Image © 2024 Airbus Page 181 of 248
24-09 Suncrest & Fortuna Overlay
Additive Alternate Work at Suncrest Street
200 ft
N
➤
Image © 2024 Airbus
Image © 2024 Airbus Page 182 of 248

TYPICAL CROSS SECTION

Page 183 of 248 ends

ADJACENT TO CONCRETE

AT EDGE OF PAVEMENT

TRANSVERSE TO TRAVELED WAY

Page 184 of 248 ends

-STANOARD
PL'IN
5-2,¡- 9z M-10
DAÎE:

CITY OF ATWA

LOT LINE MONUMENTATION
Survey monuments shall be set at all corners, angle points, and curve points of all lot s. Ir{onuments shall be l-inch O . D. (31 4 inch I.D.) galranized iron pipe, 24 inches in length, set IZ inches below finish grade, and shall be visibly tagged or stamped with the certificate number of the surveyor or engineer setting it.

SUBDIVJSION BOUNDARY MONUMENTATION
Subdivision boundary monuments, except those in street pavement, shall be L-IIZ inches O.D. (I-Il4 inch I.D.) galvanized iron pipe, 24 inches in length, set 12 inches below finish grade, capped and tagged. Subdivision boundary Inonuments in street pavement shall be I-inch O.D. (3/4-inch I.D.) galvanized iron pipe, 18 inches in 'length, top of pipe .shall be set LIZ inch below the pavement surface.

STREET CENTERLINE MONUMENTATIONSurvey monuments shall be set at all street centerline inter- sections. Number and bcation of monuments within a sr:bdivision is subject to the approval of the City Engineer. - Centerline and street intersection nnnurnents shall be I-inch O. D- (3/4-inch I.D.) galvanized iron pipe, and not less than 18 inches in length. Top of the pipe shall be 1/Z-inch below pavement surface.

SECTION AND OUARTER CORNER NIONUITÍENTS
Permanent survey monuments shall be placed at all section and quarter corners - within, lhe improvement. The section corner monuments shall be Cl:ass rBtt concrete, poured in place, with mini¡¡um dimensions of 6rt diameter by 24 inches. Plates shall be placed before the concrete has acquired its initial set and shall be fir:nly embedded in the concrete. I'bnuments shalI be visibly tagged or stamped with the certificate number of the surveyor or engineer setting it. In paved areas, a E¡onument box is required, with lettering "MONUMENTII on cover. Fra'e to be set in 5 sack concrete mix (Class trB'r per State specification") 24 inches square by 6 inches deep, rnatching pavement grades. Use Brooks 4-TT or Christy G5 concrete boxes with traffic lids, or an approved equal.

Page 185 of 248 ends

BY M-ll _t-.4 DATE:
o R c
RESTORING }IONN.ÍENTS
If any.monufDerrE is found in a perishable condítion, it sha1l be replaced with a petÐaflenÈ monuDenË and be so noted on the finãl rnap' The instrucÈions as sets forÈh in the 1973 "Manual of Instructions for the Survey of Public Lands of the United statesil published by the Bureau of Land Manageoentr DePartÐenË of the InÈerÍor' Iltrashington, D.C. sha11 be follo¡¿ed for the subdivisíon of public lands and privatel,v owned landsrin the restoratíon of losË or obliËerate'd corners' and the'retracemenÈ of secÈion linés'
RELÀTION TO AÐJACENT AREA
ÏhesurveyorshallclearlyshowonthefÍnalnapthecharacter,descriptíonandposiÈíons of all Stakes' xtonuloents' or other evidences found on the grorlnd and used to determine Èhe boundaries of the tract. If necessaT!¡ ã Record of survey map shall be seParatelY recorded'
The final map shall sho¡^¡ corners of arl adjoining subdivisions' or portioos Ehereof' by 1ot or block number, traÊt name and/or number, and place of record' The relatíon of the tract to adjoinÍng subdivísions shall be shown by ties' r¡lhenever the city Engineer or county surveyor has established Èhe centerline of a street or alley, the data shall be shov¡n on the final map' iodicating all DolruDents found and making reJerence to a field book or map. rf Èhe poinËs hTere reset by tÍes' the facÈ shall be stated'Ihefinalmapshallsho¡¡allcityboundarylinescrossíngoradjoiníngthesubdivis clearly designated and Ëied in'
Thefinalmapshallshor¡suitableprimarySurveycofrtrolPoínts,incluáíngsection corners, and moDulDents existing ouËside of the proposed subdivísion, as required.

BOU}TDARY LINES
Cityboundaries,andlínesbetr,¡eenregistered(TorrensTitle)andunregisandbeËr,reenaseParateownership,ofregisteredland'shallbelotlines; suchalineshaltnoEcuÈa1oË,buÈshallbemadealineofalot'exceP DíËted bY the CitY Engineer'
Sheet 2 oÍ' 3
tered land,
thaÈ iç,
Ë where PerPage 186 of 248
M-¡2 DATE: 5-/l'âz APPROVED BY:

AT TE I
c
o
SI]RVEY
OF ON TI{E FINAI MAP
The character, tyPe and positions of all monúmenÈs and encasemenËs shall be noted onthefinalnap.Ifanyshortageorexcessofdistanceisfoundonthegroundbetr¡eenexísËingmonumentsrcornparedr^riththeoríginalrecord'anydivísíonofthe ËoËal musË bear its prcportion of such shortage or excess' If a monument is replaced., indicate type aod. condition of rnonuoeot found, and the daEe of replacemenË.

Page 187 of 248 ends

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Page 188 of 248 ends

s-l

DETAILS
z-zz-/ê
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tev. 2/96
c WAT IF
DR¡T H.ED.

È,NtJtNBCKln rnF=Ãi
oafE g/El
(tl¡l É
24 DIA.
5',
A
SHEI.F l:t2
STANDARD FRAME AND COVER.

SOUTH BAY FOUNDRY SBF.1O7,
MARKED'SA},¡]TARY SEWER".
cLASS'ú
PRE€AST IIIANHOI-E SECTIONS SI{ALLMEET ÀS.T.M. SPECIFICATION C 478 FOR CL III REINFORCED CONCRETE PIPE.

LENGTHS OF ONE, TWO OR THREE

FEET ARE OPTIONAL ALL JOINTS SHAI-LBE GROUTED SMOOTH, INSIDE AND OUT AND SI-IALL BE WATERTIGHT.

PIPE SFIAII- BE IAID THROUGH THE MANHOIf. THEN

SMOOTHLY BROKEN OUTAFTER BASE CONCRETE HAS
SET. CONCRETE SHALL I-{AVE A SMOOTH. UNIFORM, STEEL
TROWEL FINISH. AFTER PIPE IS BROKEN OUT, ADDÍTIONAL
GROUT SHALL BEAPPUED AND BRUSHED SMOOTH.

WHERE INCOMING AND OUTGOING SE'I/VER PIPES IN MANHOLEVARY IN SIZE, Ð$END LOWER HAL\ES OF SEVI/ER PIPES 8" BEYOND INSIDE OF WAIJ-AND SHAPE A SMOOTH, EVEN
TRANSITION CHANNEL BETWEEN PIPES.

MATCH SOFFITS OF PIPE AT MANHOLES, JOINING DIFFERENTSIZED PIPES, IF I-ARGER IS DOWNSTREAiI.

M¡N.I IU ACPAVING
3'or 6" GRADE RINGS
2:1 MORTAR,DRYPACKED i
CONCENTRIC REINFORCED CONCRETEcoNE ECCENTRIC R.C. CONE OPTIoNALTO BE APÞROVED BYTHE CÍTY ENGINEER s"MlN.

PE SIZE VARIES

DROP CONNECTION
¿
io=
2' 2'
bllt
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5'DlA.(MlN.) DRCP CONNECTTON OPTTONAL,TO BE USED WHERE SHOWN ON PLANS

CLASS'A CONCRETE BASE
\t

SECTION A -A
E
rI@
IJl¡l

Page 189 of 248 ends

Atwater City CouncilMarch 25, 2024

Atwater City Council
March 25, 2024