Atwater City Council
June 10, 2024

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-25 EFFECTIVE JUNE 20, 2024
Police Chief DD 338 12562.53 13190.66 13850.19 14542.70 15269.84 16033.33 5798.09 6088.00 6392.40 6712.02 7047.62 7400.00
150750.41 158287.93 166202.33 174512.45 183238.07 192399.97

72.4762 76.1000 79.9050 83.9002 88.0952 92.5000
Police Clerk I PU 140b 3028.16 3179.56 3338.54 3505.47 3680.74 3864.78 1397.61 1467.49 1540.87 1617.91 1698.80 1783.74
36337.87 38154.76 40062.50 42065.62 44168.90 46377.35

17.4701 18.3436 19.2608 20.2239 21.2351 22.2968
Police Clerk II PU 155b 3329.58 3496.05 3670.86 3854.40 4047.12 4249.48 1536.73 1613.56 1694.24 1778.95 1867.90 1961.30
39954.91 41952.66 44050.29 46252.80 48565.44 50993.71

19.2091 20.1695 21.1780 22.2369 23.3488 24.5162
Police Corporal PU 244 6567.58 6895.95 7240.75 7602.79 7982.93 8382.08 3031.19 3182.75 3341.89 3508.98 3684.43 3868.65
78810.91 82751.46 86889.03 91233.48 95795.16 100584.91

37.8899 39.7844 41.7736 43.8623 46.0554 48.3581
Police Officer PU 230 5792.06 6081.66 6385.75 6705.03 7040.28 7392.30 2673.26 2806.92 2947.27 3094.63 3249.36 3411.83
69504.72 72979.95 76628.95 80460.40 84483.42 88707.59

33.4157 35.0865 36.8408 38.6829 40.6170 42.6479
Police Officer Recruit PU 116 4194.42 4404.14 4624.35 4855.57 5098.35 5353.27 1935.89 2032.68 2134.32 2241.03 2353.08 2470.74
50333.08 52849.74 55492.22 58266.84 61180.18 64239.19

24.1986 25.4085 26.6790 28.0129 29.4135 30.8842
Police Lieutenant MM 315 9295.29 9760.06 10248.06 10760.46 11298.48 11863.41 4290.13 4504.64 4729.87 4966.37 5214.69 5475.42
111543.49 117120.67 122976.70 129125.54 135581.81 142360.90

53.6267 56.3080 59.1234 62.0796 65.1836 68.4427
Police Sergeant PU 295 7619.47 8000.44 8400.47 8820.49 9261.52 9724.59 3516.68 3692.51 3877.14 4071.00 4274.55 4488.27
91433.66 96005.34 100805.61 105845.89 111138.18 116695.09

43.9585 46.1564 48.4642 50.8874 53.4318 56.1034
Project Accountant/ CU 240b 4370.84 4589.38 4818.85 5059.79 5312.78 5578.42 Successor Agency Assistant 2017.31 2118.18 2224.08 2335.29 2452.05 2574.66 52450.07 55072.57 57826.20 60717.51 63753.39 66941.06

25.2164 26.4772 27.8011 29.1911 30.6507 32.1832
Public Safety Dispatch Communications PU 228 4978.15 5227.06 5488.41 5762.83 6050.97 6353.52 Supervisor 2297.61 2412.49 2533.11 2659.77 2792.76 2932.39 59737.81 62724.70 65860.94 69153.98 72611.68 76242.26

28.7201 30.1561 31.6639 33.2471 34.9095 36.6549
Public Safety Dispatcher PU 170 4051.89 4254.48 4467.21 4690.57 4925.10 5171.35 1870.10 1963.61 2061.79 2164.88 2273.12 2386.78
48622.67 51053.80 53606.49 56286.81 59101.15 62056.21

23.3763 24.5451 25.7724 27.0610 28.4140 29.8347
Public Safety Records Supervisor PU 228 4978.15 5227.06 5488.41 5762.83 6050.97 6353.52 2297.61 2412.49 2533.11 2659.77 2792.76 2932.39
59737.81 62724.70 65860.94 69153.98 72611.68 76242.26

28.7201 30.1561 31.6639 33.2471 34.9095 36.6549
Public Works Director DD 325 10755.85 11293.64 11858.32 12451.24 13073.80 13727.49 4964.24 5212.45 5473.07 5746.72 6034.06 6335.76
129070.16 135523.66 142299.85 149414.84 156885.58 164729.86

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

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

22.2907 23.4053 24.5755 25.8043 27.0945 28.4492
Recreation Leader MU 118 2773.34 2912.01 3057.61 3210.49 3371.01 3539.56 1280.00 1344.00 1411.20 1481.76 1555.85 1633.64
33280.08 34944.08 36691.29 38525.85 40452.15 42474.75

16.0000 16.8000 17.6400 18.5220 19.4481 20.4206 3

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-25 EFFECTIVE JUNE 20, 2024
Recreation Supervisor MM 301a 5303.52 5568.70 5847.13 6139.49 6446.46 6768.79 2447.78 2570.17 2698.68 2833.61 2975.29 3124.06
63642.26 66824.37 70165.59 73673.87 77357.56 81225.44

30.5972 32.1271 33.7335 35.4201 37.1911 39.0507
Sewer Division Supervisor MM 260c 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32

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

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

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

32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Streets Maintenance Worker I MU 165e 3362.42 3530.55 3707.07 3892.43 4087.05 4291.40 1551.89 1629.48 1710.96 1796.50 1886.33 1980.65
40349.09 42366.54 44484.87 46709.11 49044.57 51496.80

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

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

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

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

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

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

27.87 29.26 30.72 32.26 33.87 35.57
4

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-25 EFFECTIVE JUNE 20, 2024
Seasonal/Temporary Employees: HOURLY RATES
Finance Analyst - Special Projects TL 063 65.00
Reserve Police Officer TL 053 22.00
Reserve Firefighter TL 051 16.00
Reserve Firefighter (OES Specl Assig) TL 099
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on this EM - Executive Management schedule is not guaranteed the hourly rate listed. The City Manager, at his/her DD - Department Director sole discretion, may appoint at a lower hourly rate so long as the hour rate is MM - Mid Management equal to the mandatory minimum wage rate.

CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee Adopted by City Council Resolution No. 3463-24 TL - Temporary/Limited Service Dated June 10, 2024
Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov. 5

Exhibit B

WATER SYSTEMS OPERATOR I

DEFINITION
Under general supervision, to perform maintenance, operations, and repair work on the City’s water treatment and distribution system including pumps, mains, chlorinators, meters, and other equipment; to perform a variety of operations, monitoring, maintenance, and repair work on pumps, lift stations, and associated equipment; and to do related work as required. Serves as Disaster Service Worker. FLSA Status: Nonexempt. Bargaining Group: Miscellaneous Unit.

DISTINGUISHING CHARACTERISTICS
This is the first working level classification in the Water Systems Operator series.

Incumbents perform maintenance, operations, and repair work on the City’s water distribution system and alsoand perform a variety of monitoring, maintenance, operations, and repair work on the City’s wastewater, storm water, and water pump systems. It is distinguished from Water Systems Operator II by performing less complex work (i.e., not working on the City’s water treatment system or requiring a Water Treatment certification) yet requiring appropriate certification. There is considerable similarity in assignments between Water Systems Operator I and II, with the skill and knowledge differences based on the certification level required of incumbents.

Incumbents in this class are subject to twenty-four hour “call out” and standby.

REPORTS TO
Water Division Supervisor/Manager, Water Systems Operator III, Water Systems Operator II/III, or as assigned.

CLASSIFICATIONS SUPERVISED
This is not a supervisory class.

ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
• Reliable and dependable attendance and punctuality.
• Installs, operates, maintains, and repairs pumps, booster pumps, electric motors, chlorinators, and other equipment.;
• Ttaps main and installs water service connections,;
• Rrepairs, and installs, and tests back flow devices and blow offs.; • Iinstalls and replaces water meters and valves.;
• Rreads meters and charts ensuring that information is properly recorded.; • Cchecks reservoirs for proper levels.;

WATER SYSTEMS OPERATOR I Page 2
• Cchecks for and maintains proper pressure and chlorine residuals.; • Rregulates and maintains pressure gauges, switches, automatic valves, remote recorders, and control mechanisms.;
• Uuses a variety of testing equipment and procedures.; • Cconducts well and pump efficiency tests.;
• Iinstalls, maintains, and repairs fire hydrants, water mains, gate valves, and other water services.;
• Omaintains, adjusts, and calibrates fluoride equipment; operates backhoe, dump trucks, and other equipment.;
• Ooperates tapping machines.;
• Uuses a variety of hand and power tools and welding equipment; maintains a variety of records and reports related to water distribution system services and operations.; • collects samples for potability and safe use analysis; Rresponds to customer service calls related to water quality.;
• Wworks on and maintains water wells.;
• performs a variety of operations, monitoring, maintenance, and repair work on sewer lift stations, pumps, and associated equipment; cleans and monitors the operations of samplers; Ttrouble shoots pumping systems.;
• performs leak detection for chlorine and sulfur dioxide; Pperforms a variety of maintenance, repair, and construction assignments.;
• Performsdoes miscellaneous minor repair and maintenance on automotive equipment and small engines or pumps.;
• and Mmay be assigned to assist other departments or divisions on maintenance and repairs as needed.
• Perform related duties as assigned.

TYPICAL PHYSICAL REQUIREMENTS
Occasionally sit; frequently stand, walk, stoop, kneel, and crouch; normal manual dexterity and eye-hand coordination; ability to crawl, and lift and move objects weighing up to 50 lbs.; corrected hearing and vision to normal range; verbal and written communication; use a variety of hand and power equipment and testing equipment used in the utility system maintenance, construction, and operations; use a computer and telephone.

TYPICAL WORKING CONDITIONS
Work is performed outdoors in varying temperatures and weather conditions; some assignments may be performed in a shop or office; exposure to hazardous materials, smoke, gasses, and fumes; exposure to hazards such as moving machine parts and electrical current; continuous contact with other staff.

MINIMUM QUALIFICATIONS
Knowledge of:

WATER SYSTEMS OPERATOR I Page 3
• Principles, methods, and practices used in public works maintenance and repair activities including installation, and operation of , and maintenance of water treatment and distribution systems, pumping systems, mains, and related facilities. • Record keeping and reporting procedures.
• Practices, tools, equipment, and materials used in utility system maintenance and repair work.
• Basic knowledge of lLaws, rules, regulations, and environmental requirements applicable to operations and maintenance of water treatment and distribution pumping systems.
• Principles and methods of preventive maintenance programs. • Safe work practices and procedures.

Ability to:
• Perform a wide scope of assignments including the more complex work in the operations, maintenance, and repair of the City water treatment and distribution system.
• Inspect water distribution systems for proper and safe operating conditions. • Collect samples.
• Skillfully use a variety of hand and power tools in the maintenance, testing, and repair of water treatment and distribution and storm and wastewater pump systems. • Maintain accurate records and reports.
• Obtain appropriate certifications and licenses as designated by the City of Atwater. • Deal tactfully and courteously with the public.
• Establish and maintain cooperative workingeffective relationships with those contacted in the course of work.
•

MINIMUM QUALIFICATIONS
Training and Experience:
• One (1) year of work experience in maintenance or construction work.

SPECIAL REQUIREMENTS
• Must be age eighteen (18) by date of appointment.
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements, or ability to obtain within six (6) months of appointment. • Possession of a California Water Distribution Operator Grade 1 certification is desirable, or ability to obtain within one (1) yeareighteen (18) months of appointment.
•

WATER SYSTEMS OPERATOR I Page 4
• Possession of a California Water Treatment Operator Grade 1 certification is desirable, or ability to obtain within one (1) year of appointment. • Possession of valid first aid and CPR certification.
• Possession of, or ability to obtain, appropriate certifications and licenses as designated by the City of Atwater.

Education:
• Equivalent to graduation from high school.

License:
• Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements, or ability to obtain within one (1) year of appointment.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of these specifications may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding (MOU) currently in effect.

Rev. 06-14-2106-10-24

WATER SYSTEMS OPERATOR II

DEFINITION
Under general supervision, to perform maintenance, operations, and repair work on the City’s water treatment and distribution system, pumps, mains, chlorinators, meters, and other equipment; to perform a variety of operations, monitoring, maintenance, and repair work on pumps, lift stations, and associated equipment; and to do related work as required. Serves as Disaster Service Worker. FLSA Status: Non-exempt. Bargaining Group: Miscellaneous Unit.

DISTINGUISHING CHARACTERISTICS
This is the advanced worker level in the Water Systems Operator class series. This level is distinguished from Water Systems Operator I by the exercise of more complex responsibilities, and greater expertise in maintenance, operations, and repair work on the City’s water distribution system, and possessing a Water Treatment Operator certification.

Incumbents also perform a variety of monitoring, maintenance, operations, and repair work on the City’s treatment wastewater, storm water, and water pump systems.

Incumbents in this class are subject to twenty-four hour “call out” and standby.

REPORTS TO
Water Division Supervisor/Manager, Water Systems Operator III, or as assigned.

CLASSIFICATIONS SUPERVISED
This is not a supervisory class.

ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
• Reliable and dependable attendance and punctuality.
• Installs, operates, maintains, and repairs pumps, booster pumps, electric motors, chlorinators, and other equipment.;
• Ttaps main and installs water service connections; repairs and, installs, and tests back flow devices and blow offs.;
• Iinstalls and replaces water meters and valves; reads meters and charts ensuring that information is properly recorded.;
• Cchecks reservoirs for proper levels.;
• Cchecks for and maintains proper pressure and chlorine residuals.; • Rregulates and maintains pressure gauges, switches, automatic valves, remote recorders, and control mechanisms.;
• Uuses a variety of testing equipment and procedures.;

WATER SYSTEMS OPERATOR II Page 2
• Cconducts well and pump efficiency tests; installs, maintains, and repairs fire hydrants, water mains, gate valves, and other water services.; • maintains, adjusts, and calibrates fluoride equipment; Ooperates backhoe, dump trucks, and other equipment.;
• Ooperates tapping machines; uses a variety of hand and power tools and welding equipment.;
• Mmaintains a variety of records and reports related to water distribution system services and operations; collects samples for potability and safe use analysis.; • Rresponds to customer service calls related to water quality.; • Wworks on and maintains water wells.;
• performs a variety of operations, monitoring, maintenance, and repair work on sewer lift stations, pumps, and associated equipment; Ccleans and monitors the operations of samplers.;
• Ttrouble shoots pumping systems; performs leak detection for chlorine and sulfur dioxide.;
• Pperforms a variety of maintenance, repair, and construction assignments.; • Ddoes miscellaneous minor repair and maintenance on automotive equipment and small engines or pumps.;
• and Mmay be assigned to assist other departments or divisions with maintenance and repairs as needed.
• Perform related duties as assigned.

TYPICAL PHYSICAL REQUIREMENTS
Occasionally sit; frequently stand, walk, stoop, kneel, and crouch; normal manual dexterity and eye-hand coordination; ability to crawl and lift and move objects weighing up to 50 pounds; corrected hearing and vision to normal range; verbal and written communication; use a variety of hand and power equipment and testing equipment used in the utility system maintenance, construction, and operations; use a computer and telephone.

TYPICAL WORKING CONDITIONS
Work is performed outdoors in varying temperatures and weather conditions; some assignments may be performed in a shop or office; exposure to hazardous materials, smoke, gasses, and fumes; exposure to hazards such as moving machine parts and electrical current; continuous contact with other staff.

MINIMUM QUALIFICATIONS
Knowledge of:
• Principles, methods, and practices used in public works maintenance and repair activities including installation, operation, and maintenance of water distribution and treatment systems, pumping systems, mains, and related facilities. • Record keeping and reporting procedures.

WATER SYSTEMS OPERATOR II Page 3
• Practices, tools, equipment, and materials used in utility system maintenance and repair work.
• Laws, rules, regulations, and environmental requirements applicable to operations and maintenance of water treatment and distribution and pumping systems. • Principles and methods of preventive maintenance programs. • Safe work practices and procedures.
• Principles of work direction and training.

Ability to:
• Perform a wide scope of assignments including the more complex work in the operation, maintenance, and repair of the City water distribution and treatment system and storm and wastewater pump systems.
• Inspect water distribution and treatment systems for proper and safe operating conditions.
• Collect samples.
• Provide work direction and training for other staff.
• Skillfully use a variety of hand and power tools in the maintenance, testing, and repair of utility systems and equipment.
• Maintain accurate records and reports.
• Deal tactfully and courteously with the public.
• Obtain appropriate certifications and licenses as designated by the City of Atwater. • Establish and maintain cooperative working effective relationships with those contacted in the course of work.

MINIMUM QUALIFICATIONS
Training and Experience:
• Must be age eighteen (18) by date of appointment.T
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements.
• Possession of a California Water Treatment Operator Grade 1 certification.

Possession of a California Water Distribution Operator Grade 2 certification. •
• Two (2) years of increasingly responsible work experience in operation, monitoring, testing, maintenance, repair, and construction work comparable to Water Systems Operator I with the City of Atwater; or,
• oOne (1) year of increasingly responsible work experience as a Water Systems Operator I with the City of Atwater.

SPECIAL REQUIREMENTS
• Possession of a California Water Distribution Operator Grade 2 certification. • Possession of a California Water Treatment Operator Grade 1 certification.

WATER SYSTEMS OPERATOR II Page 4
•
• Possession of current American Water Works Association (AWWA) Backflow Tester’s certification and Cross Connection Specialist certification. • Possession of certifications or licenses to meet federal or state regulations as mandated.
• Possession of valid first aid and CPR certification.
• Possession of, or ability to obtain, appropriate certifications and licenses as designated by the City of Atwater.

Education:
• Equivalent to graduation from high school.

License:
• Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding (MOU) currently in effect.

Rev. 06-10-2406-14-21

WATER SYSTEMS OPERATOR III

DEFINITION
Under general supervision, to perform maintenance, operations, and repair work on the City’s water treatment and distribution system, pumps, mains, chlorinators, meters, and other equipment; to perform a variety of operations, monitoring, maintenance, and repair work on pumps, lift stations, and associated equipment; and to do related work as required. May serve as the designated operator contact in the absence of the designated operator in charge of the Water System as required by the State Water Resources Control Board. Serves as Disaster Service Worker. FLSA Status: Nonexempt. Bargaining Group: Miscellaneous Unit.

DISTINGUISHING CHARACTERISTICS
This is the lead worker level classification in the Water Systems Operator class series.

This level is distinguished from Water Systems Operator II by the exercise of lead responsibilities and greater expertise in maintenance, operations, and repair work on the City’s water treatment and distribution system. In the absence of the Water Division Supervisor, the incumbent is in charge ofoversees the day to dayday-to-day activities.

Incumbents also perform a variety of monitoring, maintenance, operations, and repair work on the City’s wastewater, storm water, and water pump systems. Incumbents in this class are subject to twenty-four hour “call out” and standby. In addition, in the absence of the designated operator in charge, may be assigned to act as the designated operator contact of the Water System to the State.

REPORTS TO
Water Division Supervisor/Manager, or as assigned.

CLASSIFICATIONS SUPERVISED
Water Systems Operators I/II, and others as assigned.

ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
• Reliable and dependable attendance and punctuality.
• Coordinates and/or leads a crew, makes work assignments, and trains staff. • Inspects the work of the crews for compliance with City standards.; • Iinstalls, operates, maintains, and repairs pumps, booster pumps, electric motors, chlorinators, and other equipment.;
• Ttaps main and installs water service connections.;
• Rrepairs, installs, and tests back flow devices and blow offs.;

WATER SYSTEMS OPERATOR III Page 2
• Iinstalls and replaces water meters and valves; reads meters and charts ensuring that information is properly recorded.;
• Cchecks reservoirs for proper levels.;
• Cchecks for and maintains proper pressure and chlorine residuals.; • Rregulates and maintains pressure gauges, switches, automatic valves, remote recorders, and control mechanisms.;
• Uuses a variety of testing equipment and procedures.; • Cconducts well and pump efficiency tests.;
• Iinstalls, maintains, and repairs fire hydrants, water mains, gate valves, and other water services.;
• Mmaintains, adjusts, and calibrates fluoride equipment.; • Ooperates backhoe, dump trucks, and other equipmentt.; • Ooperates tapping machines.;
• Uuses a variety of hand and power tools and welding equipment.; • Mmaintains a variety of records and reports related to water distribution system services and operations.;
• Ccollects samples for potability and safe use analysis.; • Rresponds to customer service calls related to water quality.; • works on and maintains water wells; performs a variety of operations, monitoring, maintenance, and repair work on sewer lift stations, pumps, and associated equipment; Ccleans and monitors the operations of samplers.; • Ttrouble shoots pumping systems.;
• Pperforms leak detection for chlorine and sulfur dioxide.; • Pperforms a variety of maintenance, repair, and construction assignments.; • Ddoes miscellaneous minor repair and maintenance on automotive equipment and small engines or pumps.;
• Mand may be assigned to assist other departments or divisions with maintenance and repairs as needed.
• Perform related duties as assigned.

TYPICAL PHYSICAL REQUIREMENTS
Occasionally sit; frequently stand, walk, stoop, kneel, and crouch; normal manual dexterity and eye-hand coordination; ability to crawl and lift and move objects weighing up to 50 pounds; corrected hearing and vision to normal range; verbal and written communication; use a variety of hand and power equipment and testing equipment used in the utility system maintenance, construction, and operations; use a computer and telephone.

TYPICAL WORKING CONDITIONS
Work is performed outdoors in varying temperatures and weather conditions; some assignments may be performed in a shop or office; exposure to hazardous materials, smoke, gasses, and fumes; exposure to hazards such as moving machine parts and electrical current; continuous contact with other staff.

WATER SYSTEMS OPERATOR III Page 3

MINIMUM QUALIFICATIONS
Knowledge of:
• Principles, methods, and practices used in public works maintenance and repair activities including installation, operation, and maintenance of water treatment and distribution systems, pumping systems, mains, and related facilities. • Record keeping and reporting procedures.
• Practices, tools, equipment, and materials used in utility system maintenance and repair work.
• Advanced knowledge of laws, rules, regulations, and environmental requirements applicable to operations and maintenance of water treatment and distribution pumping systems.
• Principles and methods of preventive maintenance programs. • Safe work practices and procedures.
• Principles of work direction and training.

Ability to:
• Perform a wide scope of assignments including the more complex work in the operation, maintenance, and repair of the City water treatment and distribution system and storm and wastewater pump systems.
• Inspect water distribution systems for proper and safe operating conditions. • Collect samples.
• Provide work direction and training for other staff.
• Skillfully use a variety of hand and power tools in the maintenance, testing, and repair of utility systems and equipment.
• Maintain accurate records and reports.
• Obtain appropriate certifications and licenses as designated by the City of Atwater. • Deal tactfully and courteously with the public.
• Establish and maintain cooperative working effective relationships with those contacted in the course of work.

MINIMUM QUALIFICATIONS
Must be age eighteen (18) by date of appointment.Training and Experience:
• T
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements.
• Three (3) years of increasingly responsible work experience in operation, monitoring, testing, maintenance, repair, and construction work comparable to Water Systems Operator II with the City of Atwater.
•
• Possession of a California Water Distribution Operator Grade 2 certification.

WATER SYSTEMS OPERATOR III Page 4
• Possession of a California Water Treatment Operator Grade 2 certification, or ability to obtain within eighteen (18) months of appointment.
• Possession of a current AWWA Cross Connection Specialist certification. • Experience in providing work direction to other staff is desirable.

SPECIAL REQUIREMENTS
• Possession of a California Water Distribution Operator Grade 3 certification; or ability to obtain within one (1) year of appointment.
• Possession of a California Water Treatment Operator Grade 2 certification; or ability to obtain within one (1) year of appointment.
• Possession of current American Water Works Association (AWWA) Backflow Tester’s certification.
• and Cross Connection Specialist certification.
• Possession of certifications or licenses to meet federal or state regulations as mandated.
• Possession of valid first aid and CPR certification.
• Possession of, or ability to obtain, appropriate certifications and licenses as designated by the City of Atwater.

Education:
• Equivalent to graduation from high school.
• College course work desirable.

License:

Possession of a valid California Commercial Class “B” driver’s license with appropriate endorsements.

DESIRED QUALIFICATIONS
• Experience in providing work direction to other staff.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this these specifications may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding (MOU) currently in effect.

Rev. 06-14-2106-10-24

PUBLIC SAFETY DISPATCHER COMMUNICATIONS SUPERVISOR

DEFINITION
Under general supervision, to plan, supervise, train, and evaluate Public Safety Dispatchers; to perform Public Safety Dispatcher duties as required; to serve as a Public Safety Answering Point for the 911 System; to receive and dispatch law enforcement, emergency medical, and other public safety personnel and equipment, responding to routine and emergency radio and telephone communications; to maintain field communications during incidents; to perform general office support assignments; to organize and maintain records for communications purchasing and repairs; and provide input and recommendations related to such; and to do related work as required. Serves as Disaster Service Worker. FLSA Status: Non-Exempt. Bargaining Group:

APOAAtwater Police Officers’ Association (APOA).

DISTINGUISHING CHARACTERISTICS
This is the supervisory level civilian law enforcement classification in the Public Safety Dispatcher class series. This classification is distinguished from the next lower classification of Public Safety Dispatcher in that incumbents are expected to utilize a significant degree of technical skill and independent judgment to develop, maintain, and successfully perform in a community oriented, problem-solving approach to policing.

REPORTS TO
Police LieutenantSergeant, or as assigned.

CLASSIFICATIONS SUPERVISED
Public Safety Dispatcher Trainee, Public Safety Dispatcher, or as assigned.

ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
• Reliable and dependable attendance and punctuality.
• Coordinates and schedules Public Safety Dispatcher personnel for the most effective utilization of available personnel.;
• Ssupervises, guides, trains, leads, and evaluates all Public Safety Dispatcher personnel.;
• Ssupervises 911 operations, Computer Aided Dispatch (CAD), California Law Enforcement Telecommunications System (CLETS), and public safety computer functions as they relate to the Dispatch Center.;
• Investigates complaints, disciplinary problems, and other personnel issues in accordance with established policies and procedures.

PUBLIC SAFETY DISPATCHER COMMUNICATIONS SUPERVISOR Page 2 • Attend, participate in, and/or conduct disciplinary meetings or counseling sessions as appropriate.
• Mmonitors work activities to ensure safe work practices, work quality, accuracy, and confidentiality.;
• Aacts as liaison officer with other departments, law enforcement agencies, and cities; evaluates and assists in the professional development of assigned staff.; performs all related duties of a Public Safety Dispatcher as required; • Ccoordinates and implements mobile emergency communications resources and Eequipment as needed.;
• Perform the duties of any vacant dispatch positions due to sickness, vacation, or other absences.
• Pparticipates in training and updating programs; and prepares and updates policies and procedures as required.
• Work closely and cooperatively with the Police Chief and Lieutenant to maintain service excellence and actively seek to improve all phases of dispatch operations. • Perform related duties as assigned.

PUBLIC SAFETY DISPATCHER COMMUNICATIONS SUPERVISOR Page 3

TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods, generally up to three hours; normal manual dexterity and eyehand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX, as well as radio communication and dispatching equipment.

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

MINIMUM QUALIFICATIONS
Knowledge of:
• Municipal services operations with particular emphasis on police and fire services. • Public safety communications systems and organization, procedures, and practices. • Standard office procedures and methods, including filing and the operation of common office equipment.
• Basic law enforcement terminology and concepts.
• Laws, codes, and regulations related to transmission/reception of public safety communications.
• Public relations methods and techniques.
• Telephone communications techniques for dealing with a varied group of people, particularly in emergency situations.
• Principles and practices of supervision, training, and personnel administration. • California Law Enforcement Telecommunications System (CLETS) and National Crime Information Center (NCIC) computer systems, with the ability to train assigned staff and co-workers in their use.
• Federal Communications commission rules and regulations as they pertain to emergency communications, and the ability to train Public Safety Dispatchers and co-workers in their policies and procedures.
• The general geography of the City of Atwater.
• Policies, procedures, and functions of the Atwater Police Department.

Ability to:
• Operate radio and telephone equipment, following departmental regulations. • Use a keyboard and computer to enter and extract a variety of data and information. • Quickly learn the policies, procedures, and performance standards pertaining to work.
• Obtain information from hostile or traumatized individuals in emergency situations. • Think and act quickly in emergencies and evaluate situations and people accurately. • Be in constant communication on the radio with police officers and on the telephone with citizens requesting police service.

PUBLIC SAFETY DISPATCHER COMMUNICATIONS SUPERVISOR Page 4 • Understand the police radio code system and listen and write and/or type at the same time.
• Learn to perform various law enforcement support work. • Work with and control sensitive and confidential information. • Communicate effectively, both orally and in writing.
• Deal tactfully and courteously with the public and other staff. • Apply principles of conflict resolution.
• Effectively train subordinates.
• Support and implement the decisions of Command Staff. • Meet state standards for accessing criminal history information as determined by a comprehensive background and psychological examination. • Work under pressure on multiple tasks simultaneously, while maintaining attention to detail.
• Work various hours, rotating shifts, weekends, holidays, and be available for call back as needed.
• Remain in control in difficult situations, use proper judgment, and make appropriate decisions in stressful and non-stressful situations.
• Effectively delegate assignments to all communications personnel. • Establish and maintain cooperative working relationships. • Maintain accurate records, preparing clear and concise reports and materials. • Perform in a manner which reflects the City and Police Department mission, values, and goals.
• Type at a net speed of a minimum of 40 words per minute. •
• Read, analyze, and interpret laws, codes, rules, and regulations. • Establish and maintain effective relationships with those contacted in the course of work.

TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods, generally up to three hours; normal manual dexterity and eyehand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX, as well as radio communication and dispatching equipment.

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

MINIMUM QUALIFICATIONS
Equivalent to the completion of the twelfth grade.Training and Experience:
• Five (5) years of work
• Possession of a valid California driver’s license.
• POST Basic Dispatcher Certificate.

PUBLIC SAFETY DISPATCHER COMMUNICATIONS SUPERVISOR Page 5 • Five (5) years of work experience as a Public Safety Dispatcher in a County or Municipal Law Enforcement Agency..
•
• Experience in a training or supervisor capacity is highly desirable.

SPECIAL REQUIREMENTS
• Possession of a POST Basic Dispatcher Certificate and Communication Training Officer Certificate.
• Type at a net speed of a minimum of 40 words per minutes. • Must be able to meet state standards for accessing criminal history information as determined by a comprehensive background and psychological examination. • Must be willing to work various hours, rotating shifts (Days and Swing shifts only), weekends, and holidays, and be available for call back.

Education:
• Equivalent to graduation from high school.

License:

Possession of a valid California driver’s license.

DESIRABLE QUALIFICATIONS
• Experience in a training or supervisory capacity.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding (MOU) currently in effect.

Rev. 07-09-1806-10-24

PUBLIC SAFETY RECORDS SUPERVISOR

DEFINITION
Under general supervision, to plan, supervise, train, and evaluate assigned personnel; and to do related work as required. Serves as Disaster Service Worker. FLSA Status:

Non-Exempt. Bargaining Group: Atwater Police Officers’ Association (APOA).

DISTINGUISHING CHARACTERISTICS
Incumbents supervise clerical staff responsible for classifying, filing, searching, and maintaining records and other data pertinent to assigned area of responsibility.

Incumbents are also responsible for maintaining, locating, and archiving records. Work is reviewed through inspection of records, reports, and consultations on work activities.

Incumbents must ensure police practices are followed and Department of Justice (DOJ) security guidelines are adhered to accordingly.

REPORTS TO
Police Lieutenant, or as assigned.

CLASSIFICATIONS SUPERVISED
Police Clerk I/II or as assigned.

ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
• Reliable and dependable attendance and punctuality.
• Trains, assigns, coordinates, and evaluates the work of personnel on an assigned shift; takes corrective action when necessary.
• Provides oversight of police report narrative transcription services. • Ensures case filings with the District Attorney are performed in a timely manner. • Supervises criminal history reports being released to the public and other law enforcement agencies.
• Controls clerical procedures and incoming and outgoing information and records. • Evaluates clerical work methods and systems; recommends changes. • Develops, implements, maintains, locates, and archives records, documents, and other pertinent data; assists department administration in developing and implementing automated record keeping systems and processes adhering to applicable retention program.
• Responds to requests for information from the public and outside agencies; answers routine questions and/or responds to more complex inquiries requiring the interpretation of policies and procedures.
• Gathers and compiles information in response to requests from the public, City staff or outside agencies.
• Accepts complaints of subordinate behavior, disciplinary problems, and other personnel issues in accordance with established policies and procedures.

PUBLIC SAFETY RECORDS SUPERVISOR Page 2
• Attend, participate in, and/or conduct disciplinary meetings or counseling sessions up to, and including written reprimands.
• Ensures that National Incident-Based Reporting System (NIBRS) data is being reported to the Department of Justice in a timely and accurate manner. • Initiates and prepares routine correspondence and notices for signature by appropriate management staff.
• Reviews finished materials for completeness, accuracy, format, compliance with policies and procedures and appropriate English usage.
• Coordinates court subpoenas and the appearance of police officers in court; may assist with report writing, as necessary.
• Maintains office inventory and requisitions for supplies as needed. • Perform related duties as assigned.

Knowledge of:
• Municipal services operations with particular emphasis on police and fire services. • Public safety organization, procedures, and practices. • Standard office procedures and methods, including filing practices and the operation of common office equipment.
• Basic law enforcement terminology and concepts.
• Public relations methods and techniques.
• Communication techniques for dealing with a varied group of people, particularly in emergency situations.
• Principles and practices of supervision, training, and personnel administration. • California Law Enforcement Telecommunication System (CLETS) and National Crime Information Center (NCIC) computer systems, applicable security protocols. • Federal Communications commission rules and regulations as they pertain to emergency communications, and the ability to train staff in their policies and procedures.
• Data collection and analysis techniques.
• Customer service practices and principles.
• The general geography of the City of Atwater.
• Policies, procedures, and functions of the Atwater Police Department.

Ability to:
• Use a variety of personal computer business software applications to extract a variety of data and information.
• Quickly learn the policies, procedures, and performance standards pertaining to work. • Obtain information from hostile or traumatized individuals in emergency situations. • Think and act quickly in emergencies and evaluate situations and people accurately. • Learn to perform various law enforcement support work. • Work with and control sensitive and confidential information. • Communicate effectively, both orally and in writing.
• Deal tactfully and courteously with the public and other staff. • Apply principles of conflict resolution.

PUBLIC SAFETY RECORDS SUPERVISOR Page 3
• Assign, supervise, evaluate, and properly train personnel. • Implement and enforce compliance with DOJ guidelines. • Correctly classify and index a large variety of detailed records. • Effectively train subordinates and co-workers on CLETS and other work procedures. • Support and implement the decisions of Command Staff. • Work under pressure on multiple tasks simultaneously, while maintaining attention to detail.
• Work various hours, rotating shifts, weekends, holidays, and be available for call back as needed.
• Remain in control in difficult situations, use proper judgment, and make appropriate decisions in stressful and non-stressful situations.
• Effectively delegate assignments to assigned personnel. • Maintain accurate records, preparing clear and concise reports and materials. • Perform in a manner which reflects the City and Police Department mission, values, and goals.
• Read, analyze, and interpret laws, codes, rules, and regulations. • Establish and maintain effective relationships with those contacted in the course of work.

TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods, generally up to three hours; normal manual dexterity and eyehand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX, as well as radio communication and dispatching equipment.

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

MINIMUM QUALIFICATIONS
• Age eighteen (18) by date of appointment.
• Equivalent to the completion of the twelfth grade.
• Two (2) years of experience equivalent to a Police Clerk with the City of Atwater; or (three) years of increasingly responsible lead or supervisory experience in records management which involved a complex data entry, record processing and file maintenance within a law enforcement agency.
• Possession of a valid California driver’s license.

DESIRABLE QUALIFICATIONS
• Experience in a training or supervisory capacity.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume

PUBLIC SAFETY RECORDS SUPERVISOR Page 4
responsibility for any errors or omissions in the information contained herein. The contents of these specifications may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding (MOU) currently in effect.

Rev. 06-10-24

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 10, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager

PREPARED
BY:

John Seymour, City Engineer
SUBJECT: Awarding Construction Services Contract to George Reed, Inc. for the Fruitland Avenue Reconstruction Project Phase 3 (Interim City Manager Thompson)

RECOMMENDED COUNCIL ACTION
Motion to award a General Construction Agreement, in a form approved by the City Attorney, to George Reed Inc. of Modesto, CA, for the Fruitland Avenue Reconstruction Project Phase 3 Base Bid, City Project 16-2-3, in an amount not to exceed $6,623,539.60 and authorize construction contract change orders up to an aggregate amount of $662,353.96 (10%); and authorizes and directs the Interim City Manager or designee to execute all contract documents on behalf of the City; or Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

In 2016, the Fruitland Avenue Reconstruction Project was approved. The project called for the roadway on Fruitland Avenue from Shaffer Road to Orchard Park to be replaced and sidewalks, curbs, and gutters to be installed where none existed. Constructing the project from Winton Way Avenue to Orchard Park to Shafffer Road in a phased approach was determined to be the best approach to leverage different funding sources.

A phased approach was approved by the City Council at their regularly scheduled meeting on March 26, 2018. Phase 1 was completed on April 7, 2020. Approximately 535 linear feet of pavement reconstruction was performed, beginning 780 feet east of the intersection of Winton Way and Fruitland Avenue and terminating approximately 690 feet west of Fruitland Avenue and Fifth Street. Phase 2 was approved on December 14, 2020. This work consisted of construction of a storm water detention basin, pump station, and associated piping.

Phase 3 of the Fruitland Reconstruction Project includes the repavement and installation of sidewalk, curb, gutters, storm drain facilities, street lighting, sewer lateral

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

Agenda Report - Awarding Construction Services Contract to George Reed, Inc. for the Fruitland Avenue Reconstruction Project Phase 3 (Interim City Manager Thompson) Page 2

installation, and water service installation along Fruitland Avenue from Capitola Avenue to Orchard Park Ave.

II. FISCAL IMPACTS:

Sufficient funding for the project is available from the following funding sources:

Measure V ($2,690,000.00), ARPA ($900,801.00), LTF ($164,458.00), RSTP ($2,230,350.00), and SB1 ($2,447,653.00).

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This project is consistent with the goal numbers two (2) and six (6) of the City's 2020- 2025 Strategic Plan: to improve public safety and enhance quality of life, 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:

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

The CEQA CE has been recorded at the County of Merced and published to OPR.

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the contract City Council shall direct the City Manager and staff to execute the construction general services contract with George Reed, Inc..

Submitted and Approved by:

Agenda Report - Awarding Construction Services Contract to George Reed, Inc. for the Fruitland Avenue Reconstruction Project Phase 3 (Interim City Manager Thompson) Page 3

Greg Thompson, Interim City Manager
Attachments:

1. Bid Package George Reed

2. General CONSTRUCTION CONTRACT

GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and George Reed, Inc. (“Contractor”) as of June 10, 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.16-2-3;
C. Special Provisions for PROJECT NO.16-2-3;
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.

L. Davis-Bacon Act WD # CA20220018 10/07/2022
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 2023 Caltrans Standard Specifications provides for Terminations. Section 2-

1.12A of the 2023 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.16-2-3, entitled, “Error! Reference source not found.” 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.

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 2023 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:

ITEM NO. ITEM UNIT OF MEASURE ESTIMATED QUANTITY UNIT PRICE TOTAL ITEM PRICE 1 MOBILIZATION LS 1 $483,000.00 $483,000.00
2 TRAFFIC CONTROL LS 1 $300,000.00 $300,000.00
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1 $40,000.00 $40,000.00 4 REMOVE EXISTING TRAFFIC STRIPING AND SIGNAGELS 1 $25,000.00 $25,000.00 5 REMOVE EXISTING ASPHALT PAVEMENT SF 260,708 $0.90 $234,637.20 6 PAVEMENT SURFACE GRINDING SF 10,730 $1.50 $16,095.00
7 REMOVE EXISTING TREES EA 25 $1,500.00 $37,500.00
8 REMOVE EXISTING CONCRETE SF 14,095 $4.30 $60,608.50
9 SITE DEMOLITION LS 1 $60,000.00 $60,000.00
10 EARTHWORK AND SUBGRADE PREPARATION LS 1 $260,000.00 $260,000.00 11 MINOR CONCRETE: 6" VERTICAL CURB AND GUTTER LF 8,016 $55.00 $440,880.00 12 MINOR CONCRETE: VERTICAL CURB LF 158 $32.00 $5,056.00 13 MINOR CONCRETE: 4.5" SPLITTER ISLAND CURB LF 562 $43.00 $24,166.00 14 MINOR CONCRETE: ADA RAMP SF 2,953 $15.00 $44,295.00
15 MINOR CONCRETE: 4" SIDEWALK SF 33,778 $13.50 $456,003.00 16 MINOR CONCRETE: 6" DRIVEWAY SF 6,943 $20.00 $138,860.00 17 MINOR CONCRETE: DRIVEWAY CONFORM SF 3,340 $20.00 $66,800.00 18 MINOR CONCRETE: ROUNDABOUT VERTICAL CURB LF 94 $53.00 $4,982.00 19 MINOR CONCRETE: ROUNDABOUT MOUNTABLE CURBLF 245 $70.00 $17,150.00 20 MID-BLOCK CHOKER EA 12 $4,500.00 $54,000.00
21 DECORATIVE CONCRETE: ROUNDABOUT AND SPLITTER ISLAND SF 2,333 $14.00 $32,662.00 22 2" HOT MIX ASPHALT OVERLAY SF 2,861 $1.50 $4,291.50
23 3" HOT MIX ASPHALT SF 242,794 $2.50 $606,985.00
24 6.5" CLASS 2 AGGREGATE BASE SF 242,794 $1.60 $388,470.40 25 6.5" DEEP LIFT HOT MIX ASPHALT SF 14,528 $6.00 $87,168.00 26 HMA: DRIVEWAY CONFORM SF 6,157 $10.00 $61,570.00
27 SPEED CUSHION EA 1 $15,000.00 $15,000.00
28 12" STORM DRAIN PIPE LF 1,139 $133.00 $151,487.00
29 18" STORM DRAIN PIPE LF 3,132 $158.00 $494,856.00
30 21" STORM DRAIN PIPE LF 491 $194.00 $95,254.00
31 FRENCH DRAIN 4'X4' W/ 36" LF 220 $200.00 $44,000.00
32 FRENCH DRAIN 6'X6' W/ 48" LF 115 $475.00 $54,625.00
33 ACCESS RISER EA 4 $6,984.00 $27,936.00
34 TYPE GO CATCH BASIN EA 21 $9,038.00 $189,798.00
35 INSTALL INLET FILTERS EA 5 $1,425.00 $7,125.00
36 STORM DRAIN WEIR MANHOLE EA 2 $14,161.00 $28,322.00
37 STORM DRAIN MANHOLE EA 22 $9,998.00 $219,956.00
38 PRIVATE THRU-CURB DRAIN LS 2 $1,000.00 $2,000.00
39 8" P.V.C. WATER LF 19 $246.00 $4,674.00
40 1" WATER SERVICE LATERAL EA 24 $3,139.00 $75,336.00
41 CONNECT TO EX. EA 1 $2,460.00 $2,460.00
42 SANITARY SEWER LATERAL EA 19 $3,260.00 $61,940.00
43 ADJUST EX. SEWER / STORM MANHOLE COVER TO GRADE E 39 $1,900.00 $74,100.00 44 ADJUST EX. WATER VALVE COVER TO GRADE EA 37 $1,200.00 $44,400.00 45 RELOCATE EX. SEWER CLEANOUT EA 1 $4,040.00 $4,040.00 46 ADJUST EX. LANDSCAPE IRRIGATION BOX TO GRADE EA 5 $1,500.00 $7,500.00 47 RELOCATE EX. WATER METER AND BOX EA 11 $2,899.00 $31,889.00 48 RELOCATE EX. BLOW-OFF EA 1 $3,426.00 $3,426.00
49 ADJUST EX. WATER METER BOX TO GRADE - HIGH SCHOOL FRONTAGE EA 1 $1,750.00 $1,750.00 50 STREETLIGHTS LS 1 $770,700.00 $770,700.00
51 REPLACE EX. DETECTOR LOOP LS 1 $13,000.00 $13,000.00 52 TRAFFIC SIGNING AND STRIPING LS 1 $84,000.00 $84,000.00 53 PIPELINE SHEETING, SHORING, BRACING AND PROJECT SAFETY LS 1 $11,561.00 $11,561.00 54 MONUMENT WELLS EA 9 $1,200.00 $10,800.00
55 TREE WELLS AND GRATES EA 22 $3,800.00 $83,600.00
56 HIGH SCHOOL FRONTAGE IRRIGATION SYSTEM LS 1 $32,500.00 $32,500.00 57 BUMPER BLOCKS EA 37 $225.00 $8,325.00
58 MAILBOX RELOCATION LS 1 $5,000.00 $5,000.00
59 MONUMENT PRESERVATION LS 1 $12,000.00 $12,000.00
Total $6,623,539.60

MISCELLANEOUS

SITE PREPARATION & DEMOLITION

CONCRETE
PAVING

STORM DRAINAGE -ROADWAY

WATER SYSTEM

SANITARY SEWER SYSTEM

RELOCATE / ADJUST EXISTING

ELECTRICAL

STRIPING AND SIGNAGE

TOTAL BID SCHEDULE ITEMS 1 THROUGH 59 $6,623,539.60
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 $6,623,539.60. 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 $7,285,893.56. 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.

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

If to Surety:

6. 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.

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 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.

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 selfinsured 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.”
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 for subcontractors 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.

9. 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.

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.

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 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.

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 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.

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 Federal-Aid 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.
(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.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.

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 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.16-2-3 TAXPAYER I.D. NO. ________________________ Contract No. ________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS:________________________________ _____________________ / $ _________________ PHONE:___________________________________ FAX: _____________________________________
EMAIL:___________________________________
By:__________________________________________ (SEAL)
Finance Director Verification