Atwater City Council
April 14, 2025

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 41
Table 12—Impact Extent Categories
Category General Characteristics
Negligible Less than 1 percent of planning area or
planning area population likely impacted.

Limited Less than 10 percent of planning area or
planning area population likely impacted.

Significant 10–50 percent of planning area or planning
area population likely impacted.

Extensive More than 50 percent of planning area or
planning area population likely impacted.

A.1.7 Impact Severity
Impact severity refers to the magnitude or reasonably expected loss a hazard occurrence has on people, buildings, lifeline services, the environment, and the community as a whole. The following table describes the five consequence severity categories and general characteristics used for this analysis.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 42
Table 13—Impact Severity Categories
Category General Characteristics
Insignificant
• No injuries or fatalities
• None to few persons displaced for short duration
• Little or no personal support required
• None to inconsequential damage
• None to minimal community disruption
• No measurable environmental impacts
• None to minimal financial loss
• No wildland Fire Hazard Severity Zones
Minor
• Few injuries; no fatalities; minor medical treatment only • Some displacement of persons for less than 24 hours
• Some personal support required
• Some minor damage
• Minor community disruption of short duration
• Small environmental impacts with no lasting effects
• Minor financial loss
• No wildland Fire Hazard Severity Zones
Moderate
• Medical treatment required; some hospitalizations; few fatalities • Localized displaced of persons for less than 24 hours • Personal support satisfied with local resources
• Localized damage
• Normal community functioning with some inconvenience
• No measurable environmental impacts with no long-term effects, or small impacts with long-term effect
• Moderate financial loss
• Less than 25% of area in Moderate or High wildland FHSZ Major
• Extensive injuries; significant hospitalizations; many fatalities • Large number of persons displaced for more than 24 hours • External resources required for personal support
• Significant damage
• Significant community disruption; some services not available • Some impact to environment with long-term effects
• Major financial loss with some financial assistance required • More than 25% of area in Moderate or High wildland FHSZ; less than 25% in Very High wildland FHSZ
Extreme
• Large number of severe injuries requiring hospitalization; significant fatalities • General displacement for extended duration
• Extensive personal support required
• Extensive damage
• Community unable to function without significant external support • Significant impact to environment and/or permanent damage • Catastrophic financial loss; unable to function without significant support • More than 50% of area in High wildland FHSZ; more than 25% of area in Very High wildland FHSZ

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 43
A.1.8 Overall Risk
Overall risk was determined by considering the probability of occurrence, likely impact extent, and reasonably expected impact severity using the following tables.

Table 14—Overall Risk Categories – Negligible Impact Extent Probability of
Occurrence
Impact Severity
Insignificant Minor Moderate Major Extreme
Rare Low Low Low Low High
Unlikely Low Low Low Low High
Possible Low Low Low Moderate High
Probable Low Low Low Moderate High
Frequent Low Low Low Moderate High
Table 15—Overall Risk Categories – Limited Impact Extent Probability of
Occurrence
Impact Severity
Insignificant Minor Moderate Major Extreme
Rare Low Low Low Moderate High
Unlikely Low Low Low Moderate High
Possible Low Low Moderate High High
Probable Low Low Moderate High Extreme
Frequent Low Low Moderate High Extreme
Table 16—Overall Risk Categories – Significant Impact Extent Probability of
Occurrence
Impact Severity
Insignificant Minor Moderate Major Extreme
Rare Low Low Low Moderate High
Unlikely Low Low Moderate High High
Possible Low Low Moderate High Extreme
Probable Low Moderate Moderate High Extreme
Frequent Low Moderate High High Extreme

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 44
Table 17—Overall Risk Categories – Extensive Impact Extent Probability of
Occurrence
Impact Severity
Insignificant Minor Moderate Major Extreme
Rare Low Low Moderate High Extreme
Unlikely Low Low Moderate High Extreme
Possible Low Moderate High High Extreme
Probable Low Moderate High Extreme Extreme
Frequent Moderate Moderate High Extreme Extreme
A.1.9 Building Fire Risk
One of the primary hazards in any community is building fire. Building fire risk factors include building size, age, construction type, density, occupancy, and height above ground level; required fire flow; proximity to other buildings; built-in fire protection/alarm systems; available fire suppression water supply; building fire service capacity; and fire suppression resource deployment (distribution/concentration), staffing, and response time.

The following figure illustrates the building fire progression timeline. It shows that flashover, the point at which the entire room erupts into fire after all combustible objects reach their ignition temperature, can occur as early as 3:00 to 5:00 minutes from initial ignition. Human survival in a room after flashover is extremely improbable.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 45
Figure 5—Building Fire Progression Timeline
Source: http://www.firesprinklerassoc.org
Population Density
Population density within the City is approximately 4,800 people per square mile.6 Although risk analysis across a wide spectrum of other Citygate clients shows no direct correlation between population density and building fire occurrence, it is reasonable to conclude that building fire risk relative to potential impact on human life is greater as population density increases, particularly in areas with high-density, multiple-story buildings.

Water Supply
A reliable public water system providing adequate volume, pressure, and flow duration in close proximity to all buildings is a critical factor in mitigating the potential consequence severity of a community’s building fire risk. According to Department staff, available fire flow volume and 6 Source: U.S. Census Bureau Quick Facts.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 46
pressure are adequate throughout the service area except for annexed areas of the County in the Valley Drive, East Broadway, and Manchester/Station areas.

Building Fire Risk Assessment
The following table summarizes Citygate’s assessment of the City’s building fire risk.

Table 18—Building Fire Risk Assessment
Building Fire Risk Citywide
Probability of Occurrence Probable
Impact Extent Limited
Impact Severity Moderate
Overall Risk Rating Moderate
A.1.10 Vegetation Fire Risk
Some areas within and adjacent to the City are susceptible to a vegetation fire. Vegetation/wildland fire risk factors include vegetative fuel types and configuration, weather, topography, prior fires, water supply, mitigation measures, and vegetation/wildland fire service capacity.

Vegetative Fuels
Vegetative fuel factors influencing fire intensity and spread include fuel type (vegetation species), height, arrangement, density, and moisture. In addition to decorative landscape species, vegetative fuels within the city consist of a mix of annual grasses and weeds, invasive species, and mixed deciduous and conifer tree species. Once ignited, vegetation fires can burn intensely and contribute to rapid fire spread under the right fuel, weather, and topographic conditions.

Weather
Weather elements, including temperature, relative humidity, wind, and lightning, also affect vegetation/wildland fire potential and behavior. High temperatures and low relative humidity dry out vegetative fuels, creating a situation where fuels will more readily ignite and burn more intensely. Wind is the most significant weather factor influencing vegetation/wildland fire behavior, with higher wind speeds increasing fire spread and intensity. Fuel and weather conditions most conducive to vegetation/wildfires generally occur from about May through October; however, above-normal temperatures and drought can increase that period on either end.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 47
Topography
Vegetation/wildland fires tend to burn more intensely and spread faster when burning uphill and up-canyon, except for a wind-driven downhill or down-canyon fire. The generally flat topography of the City has minimal effect on vegetation fire behavior and spread.

Water Supply
Another significant vegetation fire consequence severity factor is water supply immediately available for fire suppression. According to Department staff, available fire flow and hydrant spacing is adequate throughout the City except for some annexed County areas.

Wildland Fire Threat Zones
The Merced County Multi-Jurisdictional Hazard Mitigation Plan identifies the City as a low hazard for wildland fire with a low annual probability of a wildland fire.7 Vegetation Fire Risk Assessment
The following table summarizes Citygate’s assessment of the City’s vegetation fire risk.

Table 19—Vegetation/Wildland Fire Risk Assessment
Vegetation/Wildland
Fire Risk Citywide
Probability of Occurrence Possible
Impact Extent Negligible
Impact Severity Minor
Overall Risk Rating Low
A.1.11 Medical Emergency Risk
Medical emergency risk in most communities is predominantly a function of population density, demographics, violence, health insurance coverage, and vehicle traffic.

Medical emergency risk can also be categorized as either a medical emergency resulting from a traumatic injury or a health-related condition or event. Cardiac arrest is one serious medical emergency among many where there is an interruption or deprivation of oxygen to the brain.

The following figure illustrates the reduced survivability of a cardiac arrest victim as time to defibrillation increases. While early defibrillation is one factor in cardiac arrest survivability, other 7 Source: Merced County Multi-Jurisdictional Hazard Mitigation Plan, Figures 4-38 and 4-40.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 48
factors can influence survivability as well, such as early CPR and pre-hospital advanced life support interventions.

Figure 6—Survival Rate versus Time to Defibrillation
Population Density
Population density within the City is approximately 4,800 people per square mile.8 Risk analysis across a wide spectrum of other Citygate clients shows a direct correlation between population density and the occurrence of medical emergencies, particularly in high urban population density zones.

Demographics
Medical emergency risk tends to be higher among older, poorer, less educated, and uninsured populations. As shown in Table 9, 12.4 percent of the service area population is 65 and older; nearly 30 percent of the population over 24 years of age has less than a high school education or equivalent; 17.5 percent of the population is at or below poverty level; and nearly 10 percent of the population under age 65 does not have health insurance coverage. 8 Source: U.S. Census Bureau Quick Facts.

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 49
Vehicle Traffic
Medical emergency risk tends to be higher in areas of a community with high daily vehicle traffic volume, particularly areas with high traffic volume traveling at high speeds. The City’s transportation network includes Highway 99 carrying an aggregate annual average daily traffic volume of more than 54,000 vehicles.9
Medical Emergency Risk Assessment
The following table summarizes Citygate’s assessment of the City’s medical emergency risk.

Table 20—Medical Emergency Risk Assessment
Medical Emergency
Risk Citywide
Probability of Occurrence Frequent
Impact Extent Limited
Impact Severity Moderate
Overall Risk Rating Moderate
A.1.12 Hazardous Material Risk
Hazardous material risk factors include fixed facilities that store, use, or produce hazardous chemicals or waste; underground pipelines conveying hazardous materials; aviation, railroad, maritime, and vehicle transportation of hazardous commodities into or through a jurisdiction; vulnerable populations; emergency evacuation planning and related training; and specialized hazardous material service capacity.

Fixed Hazardous Materials Facilities
The City has some sites requiring a state or County hazardous material operating permit or Hazardous Materials Business Plan. In addition, high-pressure natural gas distribution pipelines are located adjacent to the BNSF Railway alignment, Winton Way, and Bellevue Road west of Winton Way.

Transportation-Related Hazardous Materials
The service area also has transportation-related hazardous material risk because of its road transportation network, including Highway 99 carrying an aggregate annual average daily truck 9 Source: California Department of Transportation (2021 data).

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 50
traffic volume of more than 54,000 vehicles, some of which are transporting hazardous commodities.10
The service area also has transportation-related hazardous material risk due to more than 30 train movements into and through the City daily, many of which are transporting hazardous commodities.11
Population Density
Because hazardous material emergencies have the potential to adversely impact human health, it is logical that the higher the population density, the greater the potential population exposed to a hazardous material release or spill.

Vulnerable Populations
Persons vulnerable to a hazardous material release/spill include individuals or groups unable to self-evacuate, generally including children under the age of 10, the elderly, and persons confined to an institution or other setting where they are unable to leave voluntarily. As shown in Table 9, nearly 27 percent of the population is under age 10 or is 65 years and older.

Hazardous Material Risk Assessment
The following table summarizes Citygate’s assessment of the City’s hazardous materials risk.

Table 21—Hazardous Materials Risk Assessment
Hazardous Material
Risk Citywide
Probability of Occurrence Possible
Impact Extent Limited
Impact Severity Minor
Overall Risk Rating Low
A.1.13 Technical Rescue Risk
Technical rescue risk factors include active construction projects; structural collapse potential; confined spaces, such as tanks and underground vaults; bodies of water, including rivers and streams; industrial machinery use; transportation volume; and earthquake, flood, and landslide potential.
10 Source: California Department of Transportation.
11 Source: U.S. Department of Transportation, Federal Railroad Administration

City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix A—Community Risk Assessment page 51
Construction Activity
There is ongoing residential, commercial, industrial, and infrastructure construction activity within the City.

Confined Spaces
There are confined spaces within the service area, including tanks, vaults, and open trenches.

Bodies of Water
There are multiple canals and seasonal waterways within the City.

Transportation Volume
Another technical rescue risk factor is transportation-related incidents requiring technical rescue.

This risk factor is primarily a function of vehicle, railway, maritime, and aviation traffic. Vehicle traffic volume is the greatest of these factors within the service area, with Highway 99 carrying an aggregate annual average daily traffic volume of more than 54,000 vehicles.

Earthquake Risk
The Merced County Multi-Jurisdictional Hazard Mitigation Plan identifies the County’s probability of damaging seismic ground shaking as “occasional” due to proximity to the San Andreas Fault and that fault’s history.

Flood Risk
According to the Merced County Multi-Jurisdictional Hazard Mitigation Plan, significant flooding occurs within the County approximately every five years. The Plan also identifies 354 parcels and 360 buildings within the City with potential to be damaged by a flood event.

Technical Rescue Risk Assessment
The following table summarizes Citygate’s assessment of the City’s technical rescue risk.

Table 22—Technical Rescue Risk Assessment
Technical Rescue Risk Citywide
Probability of Occurrence Possible
Impact Extent Limited
Impact Severity Moderate
Overall Risk Rating Moderate

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City of Atwater, CA
Fire Services Master Plan (DRAFT REPORT)
Appendix B—Facility Assessment Worksheets page 53
APPENDIX B—FACILITY ASSESSMENT

WORKSHEETS

FACILITY ASSESSMENT
Fire Station 41
Address: 699 Broadway Ave, Atwater CA 95301
Ownership: Atwater City
Parcel Size (acres) .73
Building Size (sq. ft.) 14,656
Number of Stories 1
Building Age (years) 42
Daily Staffing Min. 3
Max 5
Number of Apparatus Min. 2
Max. 2
Apparatus Bays Indoor: 6
Outdoor: 0
Assessment Factor Finding
Essential Services Facility Yes No Unknown or
N/A Comments
Meets ESA Seismic Requirements X No
Meets ADA Access Requirements X
Backup Electrical Generator X Size: 8KW Fuel: NATURAL GAS On-Site Vehicle Fueling X
Facility Safety/Security
Fire Sprinkler System X
Smoke Detectors X
CO Detectors X
Vehicle Exhaust Capture System X
PPE allowed in living/sleeping areas X
Smoking and tobacco free X
Apparatus door safety features X Existing but nonoperational Station Alerting System Conformance
with NFPA 1500 X
Carcinogen Contamination Control
Zones X
PPE Storage Conformance with NFPA
1851 X
Dedicated PPE Cleaning Equipment X Located at Station 42 Dedicated PPE Decontamination Area X
Dedicated Medical Waste Disposal X
Dedicated EMS Equipment/Supply
Storage X
Secured Building Access X
Secured Employee Parking X
Annual Safety Inspections X Last Inspection: 2/10/2024

Major Facility Systems/Components
Last
Serviced
or
Repaired
Last
Replaced Condition Notes
HVAC 2019? Good Replaced around 2019
Roof 2021? Good Resurfaced around 2021
Asphalt Surfaces NA Fair Asphalt in rear is aging and front aprons are still operational but will need some repairs in the
coming years
Standby Generator
SCBA Air Compressor 2023 Good Serviced annually + a new stationary unit PPE Extractor Located at Station 42
Functional Areas Yes No Number
Total
Area
(Sq. Ft.)
Meets
Current
Needs
Meets
Anticipated
Future Needs
Office/Workspace X 3 390 Y N
Restroom(s) X 2 415 N N
Sleeping (bedrooms/beds) X 3/7 745 Y N
Kitchen/Dining X 2 700 Y Y
Living Area / Day Room X 1 270 Y N
Physical Fitness Workout Space X 1 400 Y N
Storage Space X 3 60 Y N
Workshop X 1 150 Y N
Training Room X 0 0 N N
SCBA Storage X 1 10 Y Y
SCBA Refill Station X 2 250 Y Y
Emergency Vehicle Parking/Storage YES NO Number
Total
Area
(Sq. Ft.)
Meets
Current
Needs
Meets
Anticipated
Future Needs
Drive-Through Apparatus Bays X 0 6300 N N
Front Apparatus Apron X 6 1720 N N
Rear Apparatus Apron / Parking X 0 0 N N
Comments/Recommendations
Overall facility condition:

Some remodels have taken place, and the facility is improving; however, it still needs its fair share of improvements.

This station does sit in a great geographical location although it lacks several needed features to provide for the most safety and efficiency for firefighters and the community.

FACILITY ASSESSMENT
Fire Station 42
Address: 2006 Avenue Two, Atwater, CA 95301
Ownership: City of Atwater
Parcel Size (acres) 1.1
Building Size (sq. ft.) 7,500
Number of Stories 1
Building Age (years) 18
Daily Staffing Min. 3
Max. 5
Number of Apparatus Min. 2
Max. 2
Apparatus Bays Indoor: 2
Outdoor: 0
Assessment Factor Finding
Essential Services Facility Yes No Unknown or
N/A Comments
Meets ESA Seismic Requirements ✓
Meets ADA Access Requirements ✓
Backup Electrical Generator ✓ Size: 100Kw 250 Gallon Tank Fuel: LPL On-Site Vehicle Fueling ✓ Fueling is done at city yard.

Facility Safety/Security
Fire Sprinkler System ✓
Smoke Detectors ✓
CO Detectors ✓
Vehicle Exhaust Capture System ✓
PPE allowed in living/sleeping areas ✓
Smoking and tobacco free ✓
Apparatus door safety features ✓
Station Alerting System Conformance
with NFPA 1500 ✓
Carcinogen Contamination Control
Zones ✓
PPE Storage Conformance with NFPA
1851 ✓
Dedicated PPE Cleaning Equipment ✓
Dedicated PPE Decontamination Area ✓
Dedicated Medical Waste Disposal ✓
Dedicated EMS Equipment/Supply
Storage ✓
Secured Building Access ✓
Secured Employee Parking ✓
Annual Safety Inspections ✓ Last Inspection: 2024

Major Facility Systems/Components
Last
Serviced
or
Repaired
Last
Replaced Condition Notes
HVAC 1/2024 Original Fair Recent problems 2/2024
Roof 12/2023 Original Fair Had major leaks over the years and only temporary patch jobs have been completed
Asphalt Surfaces 2006 Original Like New Not asphalt. Concrete surface.

Standby Generator 7/29/22 Original Like New
SCBA Air Compressor N/A N/A N/A No SCBA Air compressor present (Located at Station 41)
PPE Extractor 2009 Original Used
Functional Areas Yes No Number
Total
Area
(Sq. Ft.)
Meets
Current
Needs
Meets
Anticipated
Future Needs
Office/Workspace ✓ 5 1,700 Y Y
Restroom(s) ✓ 4 700 Y Y
Sleeping (bedrooms/beds) ✓ 3/6 600 Y Y
Kitchen/Dining ✓ 1 500 Y Y
Living Area / Day Room ✓ 1 800 Y Y
Physical Fitness Workout Space ✓ 1 120 N N
Storage Space ✓ 1 450 Y Y
Workshop ✓ 1 200 Y Y
Training Room ✓ 1 400 Y Y
SCBA Storage ✓ 0 0 N N
SCBA Refill Station ✓ 0 0 N N
Emergency Vehicle Parking/Storage YES NO Number
Total
Area
(Sq. Ft.)
Meets
Current
Needs
Meets
Anticipated
Future Needs
Drive-Through Apparatus Bays ✓ 2 1,800 Y Y
Front Apparatus Apron ✓ 1 2,700 Y Y
Rear Apparatus Apron / Parking ✓ 1 10,000 Y Y
Comments/Recommendations
Overall facility condition:

Overall condition of the fire station is good. There are some improvements that can be made to make for better accommodations for on-duty personnel as well as repairs in planning for future growth, but the facility is very functional.

APPENDI X 1 B. CITYGATE STUDY - POLICE SER V I C ES MASTER PLAN GRIFFIN STRUCTURES 83 Appendix 1B.

Citygate Study
Police Services Master Plan

CITY OF ATWATER, CA

POLICE SERVICES FACILITY

NEEDS MASTER PLAN
MAY 22, 2024
600 COOLIDGE DRIVE, SUITE 150
FOLSOM, CA 95630
PHONE: (916) 458-5100
FAX: (916) 983-2090
WWW.CITYGATEASSOCIATES.COM

P O L I C E S E R V I C E S

P O L I C E S E R V I C E S

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page i

TABLE OF CONTENTS
Section Page
Facilities Assessment.................................................................................................................................................... 1

1. Executive Summary........................................................................................................................... 1

2. Policy Choices Framework................................................................................................................ 2

3. General Police Service Staffing Overview........................................................................................ 2

3.1 Current Department Staffing............................................................................................... 3

3.2 Atwater Service Demand .................................................................................................... 5

4. Atwater Police Department Facility ................................................................................................ 10

5. Police Facility Regulatory Standards .............................................................................................. 12

5.1 Codes, Standards, and Legislation .................................................................................... 12

5.2 Other Facility Considerations ........................................................................................... 13

6. State Data Perspective on Atwater Growth ..................................................................................... 14

6.1 City and Regional Studies: Population and Housing Unit Growth................................... 15

6.2 Impact to Police Staffing of Growth in Population and Calls for Service ........................ 16

6.3 Facility Improvements and Remodel................................................................................ 17

7. Findings And Recommendations .................................................................................................... 17

7.2 Recommendations............................................................................................................. 18 Table of Tables
Table 1—Calls for Service by Priority and Year (2021–2023)..................................................................................................6 Table 2—Computer-Based Incident Reporting System Data (2023).........................................................................................7 Table 3—School Resource Officer Program Incidents and Comparison...................................................................................9 Table of Figures
Figure 1—Atwater Police Department Organizational Chart....................................................................................................4 Figure 2—Calls for Service by Priority and Year (2021–2023) ................................................................................................6 Figure 3—City of Atwater – Population Trend (2010–2024)..................................................................................................14 Appendices
Appendix A—Atwater PD Floor Plan (Interim Remodel)

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page 1

FACILITIES ASSESSMENT

1. EXECUTIVE SUMMARY
The City of Atwater (City) retained Citygate Associates, LLC (Citygate) to conduct a high-level Police Facility Needs Master Plan. As part of the Master Plan effort, Citygate was to analyze current Police Department (Department) staffing, equipment, and facilities; evaluate future facility needs based on this analysis; and provide appropriate recommendations regarding Department staffing to facility needs.

The current police station significantly predates all modern building and civic essential facility requirements. The facility requires near-term enhancements and remodeling measures to ensure it can meet the short-term needs of the Department and community. If these improvements are made, the facility could serve the needs of the Department for the next three to five years.

One issue that the City and Department need to address immediately concerns the expansion or relocation of the 9-1-1 Communications Center (the City’s Public Safety Answering Point, or PSAP).

The Communications Center is where all incoming emergency calls for the Department are received.

Calls for service are then dispatched to Patrol officers for response. The Center is currently in violation of the Americans With Disabilities Act (ADA). The City was notified of this fact during the spring of 2023 by the state of California. There is a plan to further remodel the current building to ensure it can serve the Department and community for a further three to five years. The Department’s proposal for what the interim remodel would consist of has been attached as Appendix A to this study. In the mid to longer term, a larger, full replacement of the police facility will be required for the City to maintain adequate working space for Department personnel—including specialty services, management, and logistical support—considering projected population growth and the associated increase in calls for service.

Other cities in Atwater’s situation have found that there are only two viable choices:

1. The City could conduct a temporary remodel of the current facility while also immediately proceeding with the process of a new facility being funded, sited, designed, and constructed—meeting all regulatory requirements and being built to last 25 plus years.

2. If absent the resources to replace the police/City building in less than five years, the City could locate a vacant commercial building that would be cost effective to remodel for use as a police department, and which could serve the City for a decade or more.

At the conclusion of the analysis section of this study, Citygate makes four specific findings and five actionable recommendations for the City to consider.

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page 2

2. POLICY CHOICES FRAMEWORK
There are no official national standardsregarding law enforcement deployment and no mandatory federal or state regulations directing the level of police service staffing, response times, or outcomes. If services are provided, local, state, and federal safety and how to police regulations must be followed to ensure the safety of the public and the personnel providing the services.

It is worth noting that new, unfunded mandates are being added annually due to new laws from the California state legislature. In the past three years, hundreds of new laws have been passed in response to nationally publicized incidents involving law enforcement. Cities have little or no control over what laws are passed annually but are forced to comply with mandates—including any costs associated with the implementation of new laws. Mandates may include the collection of data related to persons arrested, time requirements pertaining to the release of body-worn camera footage from a critical incident, or new required training standards.

3. GENERAL POLICE SERVICE STAFFING OVERVIEW
Some jurisdictions in California use the number of officers per 1,000 citizens as a benchmark for police staffing. This measurement will show the physical staffing, or number of sworn officers, for a police department. However, what is necessary for any department to both respond to crime-driven demand for police services and proactively prevent future crime will vary greatly depending on the community served.

For example, a police department serving a smaller, more rural city will have a significantly different workload than that of a police department serving a medium-sized or larger city. The Department’s current staffing ratio is .78 officers per 1,000 residents. While this ratio is not necessarily an accurate indicator of staffing needs, it can provide a starting point when seeking to understand the City’s current context and situation as it pertains to police services.

A more accurate and helpful way for a police department to measure a community’s policing needs is to analyze service demand: (1) what specific tasks are being performed by the department’s personnel daily, and (2) at what volume are the tasks being performed? This is a more indicative measure of a community’s needs than simply comparing the number of officers in a police department to the number of citizens within a community.

It is crucial for police agencies to understand service demand to effectively and efficiently allocate resources, respond to community needs, and forecast future law enforcement strategies. Service demand is commonly understood through the following means and metrics.  Monitoring the type and volume of calls for service

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page 3
 Analysis of crime statistics and trends—including crime mapping via the use of geographic information systems (GIS) to identify crime “hotspots” and allocate resources accordingly
 Data analysis, including:
➢ Response times
➢ Officer committed time to incidents and utilization rates ➢ Identifying patterns in demand for police services across different times and locations
➢ Traffic incidents
➢ Citizen complaints
 Community expectations and feedback
By utilizing these methods, police agencies can continually improve their understanding of service demand and tailor their operations and performance metrics to effectively meet the needs of the communities they serve.

Increased staffing in response to crime rates, service demand, and community expectations involves other elements of police services as well. For instance, the number of personnel in a police department will naturally dictate how much space is required of a police facility.

3.1 Current Department Staffing
As of January 2024, the Department’s authorized full-time equivalent (FTE) staffing is as follows.

Sworn Peace Officers: 28 including: the Chief of Police, one Lieutenant, four Sergeants, 21 police officers, and one reserve police officer. Three positions are currently vacant.

Professional Staff: 14 including: two Community Service Officers (CSOs), one Code Enforcement Manager, one Code Enforcement officer, one Records Manager, two Records officers, and seven dispatchers.

The following organizational chart reflects the Department’s command structure.

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page 4
Figure 1—Atwater Police Department Organizational Chart The Department’s ratio of sworn personnel to resident population is .78 officers per 1,000 residents. This is less than the statewide average rate of 2.2 officers per 1,000 population (FBI, 2022), though the statewide average also includes sworn personnel such as campus police officers and sheriff’s deputies that work in jails.

The Department’s attrition rate during the year was eight percent for sworn positions, which represented a marked improvement compared to previous years. For professional personnel, the Department’s attrition rate during the previous year was zero percent. At the end of 2023, all full-time, professional positions were filled.

Patrol Staffing
The Department deploys a range of two to five officers and professional Community Service Officers per shift. Within the police station facility, Patrol and CSO officers require a common area to process evidence, complete crime reports, and manage other daily tasks. There needs to be a processing area for labeling and packaging evidence for proper booking and chain of evidence. Proper evidence storage is a critical function of law enforcement agencies and is highly regulated by the California Commission on Peace Officer Standards and Training (CA POST).

Officers also require an area for processing and interviewing arrestees prior to their transport to the Merced County Jail. This area should include a workstation with a place for the arrestee to sit in a secure setting while allowing the officer to safely process the arrest paperwork.

Scheduling
Evidence
Dispatch Fleet POST Training Field Training
Investigations
Animal
Control
Patrol Shift Patrol Shift Patrol Shift Patrol Shift Records Code
Enforcement
Administrative
Supervisor Sergeant Sergeant Sergeant Sergeant Sergeant Lieutenant
Chief of Police

City of Atwater, CA
Police Services Facility Needs Master Plan
Table of Contents Page 5
Dispatch Staffing
The level of Patrol staffing above requires two dispatchers on duty 24 hours per day. Each dispatcher needs a full workstation with multiple telephone lines and computer screens. Dispatchers are required to monitor incoming emergency telephone lines, non-emergency lines, and dispatch radio communications to and from Patrol officers. Dispatchers also monitor incoming calls from Patrol officers who may have questions regarding the calls for service they are responding to.

Detective Staffing
The Department’s officers assigned as detectives each need their own workspace with access to electronic records, supervisors, and evidence storage.

3.2 Atwater Service Demand
Calls for service (CFS) refer to requests made to law enforcement agencies for assistance, intervention, or response to various incidents or situations. There are two primary categories of CFS responded to by police officers.

Officer-initiated CFS are incidents that are initiated by police officers themselves rather than being prompted by a public request. These CFS often involve proactive policing activities, enforcement actions, or routine patrols including traffic stops.

Public-generated CFS are requests for police assistance that are initiated by members of the public, businesses, government agencies, or other entities. Public-generated CFS encompass a large variety of situations, including emergencies, crimes, disturbances, and non-emergency requests for assistance. These CFS are typically received and processed by police dispatchers or call centers, who prioritize and dispatch officers to respond based on the type and urgency of the situation.

Both officer-initiated and public-generated CFS are major components of a police department’s workload. Thus, police departments utilize CFS data to analyze workload, prioritize responses, allocate resources, and assess the effectiveness of policing strategies.

The following service demand data is from the Department’s 2023 Annual Report to the community.

The Department’s CFS data over time shows both activities generated by the public and activity generated by preventative Patrol activities. In 2021, the Department managed 24,438 CFS. In 2022, the Department managed 25,499 CFS. In 2023, the Department managed 28,208 CFS. The 2023 CFS numbers represent a 10.6 percent increase over 2022. The continued growth in the community and the addition of the public online minor incident reporting portal assisted in the increase. Officer-initiated CFS also increased by 16.6 percent from 8,854 contacts in 2022 to 10,324 in 2023. This increase is

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attributed to the addition of a new code enforcement officer, increased abandoned vehicle abatement, and the increase in contacts with the unhoused population.

The following table and figure break down CFS by priority and year. Priority 1 calls are considered emergencies and should be dispatched within a 3:00-minute period. Priority 2 calls encompass most citizen-initiated activities/incidents. Priority 3 calls are mostly officer initiated.

Table 1—Calls for Service by Priority and Year (2021–2023) Type 2021 2022 2023
Priority 1 648 741 694
Priority 2 5,883 5,878 5,280
Priority 3 17,907 18,880 22,233
Non-Classified 0 0 1
Total 24,438 25,499 28,208
Figure 2—Calls for Service by Priority and Year (2021–2023) In 2021, the Department made the commitment to begin the conversion to the National Incident-Based Reporting System (NIBRS) and Computer-Based Incident Reporting System (CBIRS) formats with the upgrade of its records management system. This method of data collection can show numbers that are

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elevated and make it appear as though there is more criminal activity than is occurring in reality. The following table documents the Department’s 2023 CIBRS data.

Table 2—Computer-Based Incident Reporting System Data (2023) The number of reported property crimes represents 59 percent of the number of reportable crimes to the Department and the majority share of the CIBRS statistics. The public-reported suspicious and criminal activity rates are commensurate with the City’s population and activity levels.

Traffic Accidents
Besides the common writing of citations for traffic violations, the Department responds to and investigates all traffic accidents that occur within the City.

In 2023, the total number of traffic accidents investigated was 351, representing a decrease of approximately 11 percent from the 390 accidents investigated in 2022. It was the first year that the City did not average one traffic accident per day in the last five years.

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However, the number of vehicle accidents involving injury increased by 41.3 percent—from 29 injury accidents in 2022, to 41 in 2023. Unfortunately, this included the Department’s investigation of four fatal traffic collisions that cost six lives.

The continued decline in total traffic accidents is due to the effects of increased public awareness and traffic enforcement in the form of a part-time Motor officer and effective, directed patrols. The major causes of accidents are inattention and failure to follow posted traffic signs.

Animal Control
The Department is responsible for the animal control function for the City. Retrieved animals are housed at an animal control facility owned by the Merced County Sheriff’s Office. By contract, the County shelters captured animals and collects fees, fines, and forfeitures for the Department The Unit handled 1,144 animal control CFS for 2023, an average of 3.1 calls per day. On average, 60 percent of CFS ended in some sort of enforcement action by Animal Control officers. The other 40 percent of calls received by the Department represent incidents that were either cancelled by the caller, concerned animals that were unable to be located, or entailed animals that were being returned to their owners.

School Resource Officer Program
The Department renewed its partnership with the Atwater Elementary School District to provide law enforcement services to all elementary school sites for the 22–23 school year. Services provided to the district include:
 Outreach to students
 School Safety presentations
 Traffic and Patrol functions around the schools
 Criminal investigations.

This partnership has continued into the 23–24 school year with District and Department collaboration on several infrastructure projects to make the sites, students, and staff safer. The following table shows statistics related to incidents managed by School Resource Officers (SROs) in the first part of the most recent 23–24 school year.

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Table 3—School Resource Officer Program Incidents and Comparison Statistical Measure Total
Number
Trending 6-month
Comparison to 22–23
Calls for Service 464 15% increase
Traffic Stops 22 81% decrease
Reports Taken 120 71% decrease
Citations Issued 92 97% decrease
Arrests Made 8 75% decrease
Code Enforcement Unit
The Department oversees the responsibilities of code enforcement for the City with a Code Enforcement Unit. Responsibilities related to blight enforcement, City ordinance enforcement, home encampment monitoring, shopping cart abatement, and abandoned vehicle enforcement were consolidated to management by this Unit. In 2022, the Unit handled approximately 1,247 CFS related to a variety of blight issues and issued 1,478 notices and citations to violators. The result of these enforcement actions was a 90 percent compliance that improved the overall look of the City.

These numbers significantly increased in 2023. The increase represents the effect of expanded staffing in the Unit, which allowed for greater capacity to manage a variety of blight issues. The Unit was augmented by the addition of a full-time Code Enforcement Officer to bolster its capacity to manage cases. In 2023, the Unit also handled 272 abandoned vehicle calls and generated 14 reports with 38 vehicles stored.

The Unit provides service in the following areas:
 Daily citizen phone calls for information, explanation, or direction for non-cases.  Generation of new documents, innovative programs, and processes for the Code Enforcement program.
 Miscellaneous meetings with Building, Planning, and various City Departments related to projects.
 Displaced Citizen monitoring, including contact and data collection.

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4. ATWATER POLICE DEPARTMENT FACILITY
The Department’s current facility is located at 750 Bellevue Road and was constructed in 1966. The facility is located near the center of the City, providing members of the public with easy access to the Department.

The building is shared with City Hall and the City’s Finance Department, with the Police Department portion occupying 9,000 square feet of the building’s 12,000-square-foot total size. The main station houses 9-1-1 Communications Center, Records, Patrol operations, Animal Control, Administration, and Code Enforcement. The Department also continues to utilize a secure fenced area and Conex box at the Public Works Yard as an evidence storage facility.

The main station area of City Hall received a small renovation in 2021. Floor coverings were replaced, and portions of the interior were painted. Each employee now has their own locker. There are two locker rooms now that a new locker room was added for female personnel.

During 2023, the Department reallocated space on the southside of the building that was once occupied by City administration. A new conference room was constructed, the offices were refinished, and ADA accessible doors were installed. These measures provided a short-term solution to some specific infrastructure issues.

The Investigations Unit completed its relocation from Fire Station #2 back to headquarters. Projects to renovate that space and construct a new interview room are ongoing and were to be completed in the first quarter of 2024.

In partnership with PG&E and Public Works, the Department plans to construct a vehicle charging depot inside the secure parking lot. This will service the Department’s growing fleet of plug-in hybrid and battery-powered electric vehicles. This facility is due to be completed in the first quarter of 2024.

As discussed in Citygate’s assessment to follow, the facility still has serious, immediate inadequacies related to space needs of all types, as well as regulatory compliance challenges—all of which, together, hamper the delivery of effective police operations.

Property and Evidence
The property and evidence room was upgraded to provide better security and more space for storage related to criminal cases. Despite the added space, the property and evidence room is almost at full capacity. Accordingly, Citygate finds the Department should reduce the amount of evidence stored for criminal cases. To manage this complex process will require the expertise of personnel—whether sworn or professional staff—who can research criminal cases and carefully determine whether older evidence requires further time in storage or may be destroyed. The Department should temporarily employ retired annuitants to oversee this process as a one-time project. If this is not a viable option, the Department should consider additional temporary storage for the growing amount of evidence and property.

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Interview Room
There is only one regular interview room with full audio and video capabilities. The room is used by both Patrol and Investigations.

Restrooms
The restroom facilities for staff are located in each of the respective locker rooms. Similar-sized law enforcement agencies typically have additional staff restroom facilities. There are also public restrooms in the lobby.

Equipment Room
The current equipment room is a converted jail cell from when the Department included a City jail. The City no longer operates any custodial facilities.

Dispatch / Communications Center (PSAP)
The portion of the facility allocated to Dispatch is too small. The 140-square-foot room is set up to accommodate two positions working at the same time. In the spring of 2023, the City received a warning letter from the California Occupational Safety and Health Administration (Cal OSHA) regarding the PSAP not being in compliance with Americans With Disabilities Act (ADA). If the City wanted to hire a dispatcher who required any reasonable accommodation, the candidate would not be able to access the Dispatch Center. This issue needs to be addressed as soon as possible.

Currently, two dispatchers are assigned to the Dispatch Center per shift. Future Dispatch needs should accommodate at least four dispatch workstations that are fully ADA compliant. Consideration should also be given to evolving technology—such as the possibility of more cameras being deployed throughout the City and installing the number of screens necessary to monitor camera locations. When designing a new police facility, the PSAP should be designed with adequate space for today’s staffing needs while also anticipating needs 10 or more years into the future.

Parking
There is adequate and secure space for all Department vehicles whether marked or unmarked. The City has plans to install six additional charging stations for electric vehicles.

The rear of the building is accessible from a residential area. The public parking lot in the front of the building sits low and does not have good drainage. As a result, the front parking lot floods regularly during heavy rain events.

Department personnel are required to park their personal vehicles in an unsecured lot attached to a City park that is adjacent to the Department. This is not a secure parking lot for employees who are arriving to or leaving work during hours of darkness, particularly for female professional staff members. The current parking arrangement also leaves employees’ personal vehicles vulnerable to vandalism.

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5. POLICE FACILITY REGULATORY STANDARDS

5.1 Codes, Standards, and Legislation
California Building Code
The International Code Council launched the International Codes Series (I-codes) at the end of the 1990s as a singular replacement for regional building codes. Locally, the California Building Code is borne out of the International Building Code and local jurisdictions adopt the California Building Code as their own guidance.

The International Building Code provides a tiered approach for the required structural performance of a building and, as essential facilities, police stations are subject to the strictest structural requirements.

While an office building is required to be built to protect life in the event of a disaster—which means the occupants survive but the building may be condemned—a police station must be designed to protect life and be immediately occupiable post-disaster. This means a police station will be better able to resist the shaking of an earthquake or the high winds of an unusual storm.

California Essential Services Buildings Seismic Safety Act (ESBSSA) In 1986, the California Legislature determined that buildings providing essential services should be capable of providing those services to the public after a disaster. Their intent in this regard was defined in legislation known as the Essential Services Buildings Seismic Safety Act of 1986 and includes requirements that such buildings shall be:
“Designed and constructed to minimize fire hazards and to resist… the forces generated by earthquakes, gravity, and winds.” (Excerpt from Health and Safety Code section 16001) The enabling legislation can be found in the California Health and Safety Code, Chapter 2, sections 16000 through 16022.
1 In addition, the California Building Code cited above defines how the intent of the act is to be implemented in Title 24, Part 1 of the California Building Standards Administrative Code, Chapter 4, Articles 1 through 3.

Americans with Disabilities Act (ADA)
The ADA, enacted in 1990, establishes a series of standards for accessibility for persons with identified disabilities (e.g., 2010 ADA Standards). Requirements for public buildings are scoped under Title 2 of the ADA, and public facilities are subject to higher accessibility standards than commercial and residential developments. Title 2 public buildings are required to be fully accessible for disabled staff and the public. The ADA law is clear: spaces are not exempt based on a policy that excludes persons with disabilities from certain work, and a police facility is considered a public building in its entirety. 1https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=HSC&division=12.5.&title=&part= &chapter=2.&article=

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5.2 Other Facility Considerations
Community Presence and Access
A police station is a connection to the community to provide service and a destination for assistance and care for those in danger. The police station should be accessible to the community. Most police facilities being designed today provide space for community meetings and other engagement opportunities.

Parking and walkways to the lobby of the station and emergency phone should follow ADA requirements to allow all members of the community to be able to approach the station for assistance. Many elements of the station’s site configuration, building orientation, and exterior facade should provide a clear understanding of the location a community member should go to receive help, often the primary entry of the facility.

Safety – Vehicular Circulation
Site pathways and features should provide access and direction from the parking and pedestrian way to the pedestrian entry without crossing the path of department vehicle response. This provides community safety and more rapid response ability. There needs to be secure, separated parking for police and employee vehicles.

Security and Public to Private Separation
A separate lobby space should be provided to allow for the public to come to the police station. The lobby should be secure and separate from the working areas of the station.

The building and site of a police facility should be secure from theft and unauthorized visitors to protect equipment and personnel so they can perform their service to the community unhindered. Special equipment is an asset to the community and requires special training to operate. Visitor entry and parking can be located outside of a secure fence.

Equity And Inclusion
Traditional police stations provided facilities that had limited privacy, with open floor plans in offices, locker rooms, and restrooms. This reduced the opportunity to cultivate a diverse staff by not providing equitable and inclusive accommodations. For police departments to be inclusive and recruit, retain, and support a diverse assortment of personnel, facilities that accommodate all must be provided when an agency is designing a police building that can serve as a long-term replacement. Separate gender restrooms and showers allow for any officer to maintain equitable support conditions. This encourages diversity within a police department by providing a facility that has a layout that is inclusive to all.

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6. STATE DATA PERSPECTIVE ON ATWATER GROWTH
Understanding the City’s basic population trajectory involves analyzing various factors including historical population growth, demographic composition, economic conditions, geographic location and amenities, and any potential policy / development initiatives.

During the peak of the COVID-19 pandemic, California saw a population decline for the first time since gaining statehood in 1850, with cities in the northern part of the state seeing more significant population loss than cities in the southern part of the state. This phenomenon was only mildly evident in the City of Atwater’s specific numbers, as the City’s steady, long-term growth continues to underscore its resilience and appeal. According to recent data from the California Department of Finance, the state once again experienced positive population growth overall in 2023, with several contributing factors leading to the end of a three-year period of population decline.2 This trend reversal—while at a smaller scale—was evident in data pertaining to the City as well.

The following figure reflects the City’s growth trajectory since 2010.

Figure 3—City of Atwater – Population Trend (2010–2024) 2010–2019 Population Data Source: State of California, Department of Finance, E-4 Population Estimates for Cities, Counties, and the State, 2011–2020, with 2010 Census Benchmark; Sacramento, California, May 2021. 2021–2024 Population Data Source: State of California, Department of Finance, E-4 Population Estimates for Cities, Counties, and the State, 2021–2024, with 2020 Census Benchmark; Sacramento, California, May 2024. 2 https://dof.ca.gov/wp-content/uploads/sites/352/Forecasting/Demographics/Documents/E-1_2024_Press_Release.pdf 26,000
27,000
28,000
29,000
30,000
31,000
32,000
33,000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Atwater Population Trend
Atwater Population Trend

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6.1 City and Regional Studies: Population and Housing Unit Growth The City is currently updating its General Plan and growth projections. For this study, Citygate reviewed the draft work to date, the Merced County Association of Governments 2023–2031 Draft City MultiJurisdictional Housing Element, the Association’s 2022 County Regional Housing Needs Allocation (RHNA) Plan for Atwater, and the California Department of Finance historical population numbers for Atwater, upon which sales taxes allocations are based. Based on these documents, Citygate observed the following:
 2023–2031 Draft City Multi-Jurisdictional Housing Element found:
➢ The resident population for Atwater in 2010 was 28,168. By 2021, it was 31,401. ➢ For housing units, this report found there were 9,771 units in 2010. By 2020, there were 10,448—an increase of 677 units at an average of 68 units per year.  The California Department of Finance E-1 Population estimates found:
➢ In 2023, Atwater had a reported population of 31,418 residents.  The 2022, the County RHNA Plan identified:
➢ Between 2023–2032, the City will need 3,017 total additional housing units, an average of 335 per year.

Current Atwater Development Applications
 Redwood Apartments: 52 units
 Waterstone Apartments: 120 units
 Sunset Project: 25 homes
 University Park: approximately 364 multi-family units The near-term total of all units is 561. If all units were built over the next three years, the average number of units per year would be 187. A rate of 187 units per year is slightly more than 2.5 times the historic rate of 68 units per year.

Population Projection
 Starting with the E-1 2023 population of 31,418 and subtracting the 2010 population of 28,168 yields an increase of 3,250 residents—an average gain of 250 residents (0.8 percent) per year.
 The Housing Element showed a gain of 68 units per year over the past ten years.

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 The RHNA Plan desires a gain of 335 units per year.

The historic units and population growth rates year over year were very modest. The latest number of annual units called for by the RHNA is very aggressive given current financing challenges for buyers and builders related to housing. The current City applications for housing average 187 units per year, in-between the two low/high numbers. Thus, using 187 units per year for three years, times a typical, moderate rate of 2.5 people per dwelling unit, equals a resident growth rate of 468 people per year, which is just under double the historic rate. As a percent increase of a base population of 31,418 in 2023, the first-year population growth of 468 persons is a rate of 1.49 percent. As a straight-line projection, 468 people per year until the 2032 RHNA date equals 4,212 additional residents—which is modestly higher than the 3,233-resident gain from 2010 to 2021.

It is all but impossible to accurately measure the incident demand generated by the in-migration of employees, tourists, the houseless, and those commuting through the City. However, all of these elements are represented in the Department’s total incident count. Thus, using residents per 1,000 incidents as a forecasting model provides a ratio of people to incidents. This measure does not say that only residents generate more (or fewer) incidents, but what can be used to project population are the dwelling units applied for, or that zoning could allow.

6.2 Impact to Police Staffing of Growth in Population and Calls for Service In 2023, the Department responded to a total of 28,208 CFS. This equates to an average demand of 77.3 requests per day, or 3.2 CFS per hour.

In 2023, the City’s resident population was 31,418. Using resident population as a surrogate ratio for people generating demand, in 2023, the CFS rate per 1,000 people was 898 requests per 1,000 population: 31,418/1,000 = 31.42; 28,208/31.42 = 897.7.

Using the previous projection of 4,212 additional residents by 2032 based on planned growth and the population trajectory, the result is a total resident population of 35,630 in 2032. At a ratio of 898 CFS per 1,000, 2032 CFS would grow to a total of 31,996—a change of approximately 1.14 percent. A total CFS growth of 3,788 incidents divided by eight years results in 473.5 new CFS per year, or slightly more than one per day.

In 2023, the Department saw a large, 10.6 percent increase in CFS over 2022. Much of that increase was driven by personnel and program additions. The 2021 to 2022 increase was just under six percent. Either of these back-to-back annual increases suggest the CFS rate is faster than resident population growth would indicate.

Stated this way, there could be appreciable increases in CFS that are higher in the non-resident populations. For purposes of staffing increases over the next eight years, Citygate suggests using a five percent annual, year-over-year increase for staffing projections between 2024 and 2032.

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Understanding that long-term projections through 2032 can change, and that the Police Chief feels a remodeled police building can only serve the Department for a maximum of five more years at most, in five years (by 2029), CFS could reach 34,287 annually.

The Department currently has 42 total personnel. At a total demand for service count of 28,208 in 2023, the staffing to service demand is 672 per person per year. Using a 2029 demand of 34,287 CFS, Department staffing could need to reach 51 total personnel, an increase of nine personnel in a combination of sworn and professional staff.

These projections should be considered low, as if civic demands on police department services of all types, not just Priority crimes, increases above five percent year-over-year. Very soon, the current facility—even if remodeled—will simply not be able to meet the needs of the community.

6.3 Facility Improvements and Remodel
With additional tenant improvements, the Chief believes the current police facility will be able to serve the community and enable the Department to remain in the present location for the three to five more years. Based on our own assessment and review, Citygate concurs with the Chief. However, for this to occur, the full completion of the City Hall south end renovation of 750 Bellevue Rd. is vital to providing the Department with efficient space. The Department has proposed what the interim remodel would consist of, and it is attached as Appendix A to the study.

In the mid to longer term, a larger, full replacement of the police facility will be required for the City to maintain adequate working space for Department personnel—including specialty services, management, and logistical support—considering projected population growth and the associated increase in calls for service.

Other cities in Atwater’s situation have found that there are only two viable choices:

1. The City could conduct a temporary remodel of the current facility while also immediately proceeding with the process of a new facility being funded, sited, designed, and constructed—meeting all regulatory requirements and being built to last 25 plus years.

2. If absent the resources to replace the police/City building in less than five years, the City could locate a vacant commercial building that would be cost effective to remodel for use as a police department, and which could serve the City for a decade or more.

7. FINDINGS AND RECOMMENDATIONS
As a result of this assessment, Citygate makes the following findings and recommendations. Citygate’s findings speak to key elements of Atwater’s particular context and provide a basis for Citygate’s recommendations.

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7.1 Findings
Finding 1: The current police facility can barely meet the needs of the City and the Department for the next three to five years if remodeling and enhancement measures are completed.

Finding 2: The area used for storage of property and evidence is almost full.

Finding 3: The area of the police facility used to house the 9-1-1 Communications Center / Public Safety Answering Point (PSAP) is inadequate. The City has been warned in writing of this fact. The PSAP is not ADA complaint.

If the City was to hire a dispatcher who required reasonable accommodation to perform his or her role, it would be impossible for the facility to provide this accommodation.

Finding 4: Department personnel park their personal vehicles in an unsecured lot attached to a City park that is adjacent to the Department. This parking option for City employees is not the safest option, particularly for female professional staff members, and leaves employees’ personal vehicles vulnerable to vandalism .

7.2 Recommendations
Recommendation 1: Complete a modest remodel of the current police facility to accommodate the Department’s needs for the next three to five years.

Recommendation 2: Aggressively determine a course of action to either replace the current police facility with a newly constructed building or locate an existing commercial building that can be modified to fit the needs of the Department as an immediate stopgap solution while the City secures the funding to build a modern police station to serve the Department and community in the long term. The size and location needed for a permeant solution can be determined after the City finishes its General Plan and growth projections.

Recommendation 3: Reduce the amount of evidence stored for criminal cases. This is a complex process requiring the expertise of staff (sworn or professional staff) who can research criminal cases and determine whether older evidence may be destroyed or requires further time in storage. Citygate recommends the Department

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temporarily employ retired annuitants to oversee this process.

If this is not a viable option, the Department should consider additional temporary storage for the growing amount of
evidence and property.

Recommendation 4: The current workspace for the 9-1-1 Communications Center is inadequate. This issue needs to be addressed as soon as possible. The City should include a solution in the remodel or identify an off-site location that is compliant with regulations.

When designing an improved Communications Center, it
should be designed with adequate space for today’s staffing needs while also anticipating needs 10 or more years into the future. Currently, two dispatchers are assigned to the Dispatch Center per shift. Future Dispatch needs should accommodate at least four dispatch workstations that are fully ADA compliant.

Recommendation 5: Ensure that City employees have a secured parking area for their personal vehicles as part of the design of a new police facility.

APPENDIX A

POLICE DEPARTMENT FLOOR PLAN

EXHIBITS

APPENDI X 2 A. SPACE PROGRAM - FIRE STATION 41 GRIFFIN STRUCTURES 108 Appendix 2A.

Space Program
Fire Station 41

GRIFFIN STRUCTURES 109
Space Needs Program
FIRE STATION 41
City of Atwater: Fire Station 41
Space Projections
Line Code SF Staff Qty SF
Atwater Fire Services Master Plan
1 Fire Station 41
2 3 Administration
4 5 A Shift
6 Captain 1
7 Engineer 1
8 Firefighter 2
9 10 B Shift
11 Captain 1
12 Engineer 1
13 Firefighter 2
14 15 C Shift
16 Captain 1
17 Engineer 1
18 Firefighter 2
19 20 Public Entry
21 Lobby / Front Counter allow 100 147 1 100 Surrender box inside/outside access 22 Unisex Restroom ADA-rest 80 - 1 80
23 24 Private Offices
25 Operations Battalion Chief PO-4 180 171 1 1 180
26 Captain Shared Office SPO-4 180 159 incl abv 1 180
27 Office Technician PO-2 120 1 1 120
28 Drop-in Office PO-2 120 1 120
29 30 Fire Crew Workroom Workstations on perimeter w/ conf table in the middle 31 Workstations 156
32 Engineer en-A 36 1 36
33 Firefighter en-A 36 2 72
34 Files file-1 15 1 15
35 Printer print-1 10 1 10
36 37 Support Space
38 Conference Room C-5 300 291 1 300
39 Admin File Room stor-2 100 1 100
40 41 Administration Assigned SF 924 14 1,313
42 Circulation unit circ-4 25% 248 328
43 Administration Net SF 1,172 14 1,641
44 45
FacilityDepartmentDivisionSpace TypeStaff/Item
Space Standard
Existing SF
Future Need
(10-20 Years)
APPENDI X 2 A. SPACE PROGRAM - FIRE STATION 41

GRIFFIN STRUCTURES 110
FIRE STATION 41 CONT.

City of Atwater: Fire Station 41
Space Projections
Line Code SF Staff Qty SF Facility Department Division Space Type Staff/Item Space Standard
Existing SF
Future Need
(10-20 Years)
46 Living Quarters
47 48 Sleeping Quarters
49 Captain's Headquarters
50 Dorm fire-dorm-c 150 incl below 1 150
51 Restroom / Shower fire-bath-single 100 incl below 1 100 52 Dorms fire-dorm-reg 120 1,210 4 480 Includes bed, desk, & 3 lockers for shift change 53 Gender Neutral Single Use Restroom / Shower fire-bath-single 100 incl below 3 300 54 Restrooms / Shower
55 Women's rest-shower 300 248
56 Men's rest-shower 300 168
57 Washer / Dryer WD-1 60 37 1 60
58 Linen Closet / Delivery Service Area allow 20 1 20
59 Janitor Closet / Cleaning Supplies jan 45 38 1 45
60 61 Living Areas
62 Kitchen kitchen-3 300 355 1 300 Includes range & island 63 Food Lockers locker-food 3 14 42
64 General Pantry allow 30 35 1 30
65 Refrigerator / Freezer fridge-comm 10 2 20
66 Water Delivery Area allow 20 1 20
67 Dining Room allow 300 incl below 1 300
68 Day Room allow 400 952 1 400
69 70 Living Quarters Assigned SF 3,043 - 2,267
71 Circulation unit circ-3 20% 195 453
72 Net SF 3,238 - 2,720
73 74
75 Apparatus Bay & Support Areas
76 77 Apparatus Bay
78 Drive-Thru Bays
79 Bay 1: 18' x 70' bay-3 1,260 1,050 1 1,260 Engine 41 80 Bay 2: 18' x 70' bay-3 1,260 1,050 1 1,260 Command Vehicle and Reserve engine 241 81 Bay 3: 18' x 70' bay-3 1,260 1,050 1 1,260 Includes utility truck and fire prevention trailer 82 Bay 4: 18' x 70' bay-3 1,260 1,050 1 1,260 includes storage for historic engine, rehab trailer and oxygen trailer 83 Bay 5 875
84 Bay 6 see fitness
85 Historic Engine Storage 330
86 Note: Preferred drive-thru access w/ quick release doors Bays to include exhaust removal system. 87 88
89 90
91 92
APPENDI X 2 A. SPACE PROGRAM - FIRE STATION 41

GRIFFIN STRUCTURES 111
FIRE STATION 41 CONT.

APPENDI X 2 A. SPACE PROGRAM - FIRE STATION 41
City of Atwater: Fire Station 41
Space Projections
Line Code SF Staff Qty SF Facility Department Division Space Type Staff/Item Space Standard
Existing SF
Future Need
(10-20 Years)
93 Apparatus Support
94 Turnout Gear locker-3 15 300 16 240 2 additional for mutual aid 95 Decontamination Room decon-1 120 1 120
96 Commercial extractor machine/spin. Space for hosing down soiled turnouts. Must be ventilated, hard floor and walls, drains, etc. 97 Include area for draining/hosing, & provide exterior hose-down access 98 Air Compressor Room allow 40 - 1 40
99 SCBA Testing, Storage, & Repair Room stor-2 120 100 1 120 100 Workshop & Tool Room / Alcove stor-2 120 150 1 120
101 Note: Provide center work bench/table 48" wide; work counters on long walls; Secured cage for locking special tools 102 Hose Drying Area qallow 40 50 1 40
103 Medical Supply Room stor-1 80 35 1 80
104 Ice Machine allow 10 10 1 10
105 Landscape Supplies stor-1 80 190 1 80
106
107 Fitness Room
108 Weight / Fitness Room allow 800 915 1 800
109
110 Building Support
111 Fire Riser allow 40 55 1 40
112 Electrical Room allow 80 17 1 80
113 IDF / MDF Rooms allow 60 40 1 60
114
115 Apparatus Bay & Support Areas Assigned SF 7,267 - 6,870 116 Circulation unit circ-1 10% 846 687
117 Apparatus Bay & Support Areas Net SF 8,113 - 7,557
118
119
120 Atwater Fire Station 41 Net SF 12,523 11,918
121 Net to Gross Circulation ntg factor-1 90% 716 1,324 122 Atwater Fire Station 41 Gross SF 13,239 - 13,242
123
124
125 Exterior Components
126
127 Support Spaces
128 Patio allow 400 485 1 400
129 Trash Enclosure allow allow 100 44 1 100
130 Emergency Generator allow 300 1 300
131
132 Parking
133 Employee Parking stall-gen stall-std 200 6 1,200
134 Overlap Shift Parking stall-std 200 4 800
135 Visitor Parking stall-std 200 2 400 Includes ADA
136
137 Exterior Components Assigned SF 529 - 3,200
138 Circulation
139 Exterior Components Gross SF 529 - 3,200

APPENDI X 2 B. SPACE PROGRAM - FIRE STATION 42 GRIFFIN STRUCTURES 112 Appendix 2B.

Space Program
Fire Station 42

GRIFFIN STRUCTURES 113
Space Needs Program
FIRE STATION 42
City of Atwater: Fire Station 42
Space Projections
Line Code SF Staff Qty SF
Atwater Fire Services Master Plan
1 Fire Station 42
2 3 Administration
4 5 A Shift
6 Captain 1
7 Engineer 1
8 Firefighter 2
9 10 B Shift
11 Captain 1
12 Engineer 1
13 Firefighter 2
14 15 C Shift
16 Captain 1
17 Engineer 1
18 Firefighter 2
19 20 Public Entry
21 Lobby / Front Counter allow 100 40 1 40 Surrender box inside / outside access 22 Unisex Restroom ADA-rest 80 112 1 112
23 24 Private Offices
25 Batt Chief / Fire Marshal PO-4 180 68 1 1 68 Future
26 Coverage Chief's Dorm allow 120 68 1 68
27 Drop-in Office PO-2 120 1 75
28 Office Technician 75 incl abv relocated to FS 41
29 Captain Shared Office SPO-4 180 110 1 110
30 31 Support
32 Copy Area copy 40 55 1 55
33 34 Fire Crew Workroom Workstations on perimeter w/ conf table in the middle 35 Workstations
36 Engineer en-A 36 95 1 95
37 Firefighter en-A 36 incl abv incl abv
38 Files file-1 15 incl abv incl abv
39 40 EOC / Training Room allow 400 404 1 404
41 42 Administration Assigned SF 1,027 13 1,027
43 Circulation unit circ-4 25% 233 233
44 Administration Net SF 1,260 13 1,260
45 Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
APPENDI X 2 B. SPACE PROGRAM - FIRE STATION 42

GRIFFIN STRUCTURES 114
FIRE STATION 42 CONT.

City of Atwater: Fire Station 42
Space Projections
Line Code SF Staff Qty SF
Atwater Fire Services Master Plan
1 Fire Station 42
2 3 Administration
4 5 A Shift
6 Captain 1
7 Engineer 1
8 Firefighter 2
9 10 B Shift
11 Captain 1
12 Engineer 1
13 Firefighter 2
14 15 C Shift
16 Captain 1
17 Engineer 1
18 Firefighter 2
19 20 Public Entry
21 Lobby / Front Counter allow 100 40 1 40 Surrender box inside / outside access 22 Unisex Restroom ADA-rest 80 112 1 112
23 24 Private Offices
25 Batt Chief / Fire Marshal PO-4 180 68 1 1 68 Future
26 Coverage Chief's Dorm allow 120 68 1 68
27 Drop-in Office PO-2 120 1 75
28 Office Technician 75 incl abv relocated to FS 41
29 Captain Shared Office SPO-4 180 110 1 110
30 31 Support
32 Copy Area copy 40 55 1 55
33 34 Fire Crew Workroom Workstations on perimeter w/ conf table in the middle 35 Workstations
36 Engineer en-A 36 95 1 95
37 Firefighter en-A 36 incl abv incl abv
38 Files file-1 15 incl abv incl abv
39 40 EOC / Training Room allow 400 404 1 404
41 42 Administration Assigned SF 1,027 13 1,027
43 Circulation unit circ-4 25% 233 233
44 Administration Net SF 1,260 13 1,260
45 Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
APPENDI X 2 B. SPACE PROGRAM - FIRE STATION 42

GRIFFIN STRUCTURES 115
FIRE STATION 42 CONT.

City of Atwater: Fire Station 42
Space Projections
Line Code SF Staff Qty SF
Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
46 Living Quarters
47 48 Sleeping Quarters
49 Captain's Headquarters
50 Dorm fire-dorm-c 150 145 1 145
51 Restroom / Shower fire-bath-single 100 1 100
52 Dorms fire-dorm-reg 120 290 3 360 Includes bed, desk, & 3 lockers for shift change 53 Gender Neutral Single Use Restroom / Shower fire-bath-single 100 see below 2 200 54 Restrooms / Shower
55 Women's rest-shower 250 95 incl abv
56 Men's rest-shower 250 211 incl abv
57 Washer / Dryer WD-1 60 143 1 143
58 Linen Closet / Delivery Service Area allow 20 incl abv incl abv 59 Janitor Closet / Cleaning Supplies jan 45 37 1 37
60 61 Living Areas Areas can seat up to 8
62 Kitchen kitchen-3 300 214 1 214 Includes range & island 63 Food Lockers locker-food 3
64 General Pantry allow 30
65 Refrigerator / Freezer fridge-comm 10
66 Water Delivery Area allow 20
67 Dining Room allow 300 205 1 205
68 Day Room allow 400 290 1 290
69 70 Living Quarters Assigned SF 1,630 - 1,694
71 Circulation unit circ-3 20% 278 278
72 Net SF 1,908 - 1,972
73 74
75 Apparatus Bay & Support Areas
76 77 Apparatus Bay
78 Drive-Thru Bays
79 Bay 1: 18' x 47' bay-1 850 850 1 850
80 Bay 2: 18' x 47' bay-1 850 850 1 850
81 Note: Preferred drive-thru access w/ quick release doors Bays to include exhaust removal system. 82 83 Turnout Gear Room locker-3 15 129 15 129 2 additional for mutual aid 84 85 Decontamination Room decon-1 120 -
86 Commercial extractor machine/spin. Space for hosing down soiled turnouts. Must be ventilated, hard floor and walls, drains, etc. 87 Include area for draining/hosing, & provide exterior hose-down access 88 89
90 91
92 APPENDI X 2 B. SPACE PROGRAM - FIRE STATION 42

APPENDI X 2 C. SPACE PROGRAM FIRE STATION 43 GRIFFIN STRUCTURES 116 Appendix 2C.

Space Program
Fire Station 43

GRIFFIN STRUCTURES 117
City of Atwater: Fire Station 43
Space Projections
Line Code SF Staff Qty SF
Atwater Fire Services Master Plan
New Fire Station 43
1 Administration
2 3 A Shift
4 Captain 1
5 Engineer 1
6 Firefighter 2
7 8 B Shift
9 Captain 1
10 Engineer 1
11 Firefighter 2
12 13 C Shift
14 Captain 1
15 Engineer 1
16 Firefighter 2
17 18 Public Entry
19 Lobby / Front Counter allow 80 1 80 Surrender box inside / outside access 20 Unisex Restroom ADA-rest 80 1 80
21 22 Private Offices
23 Operations Battalion Chief PO-4 180 1 1 180
24 Captain Shared Office SPO-4 180 1 180
25 Drop-in Office PO-2 120 1 120
26 27 Fire Crew Workroom Workstations on perimeter w/ conf table in the middle 28 Workstations
29 Engineer en-A 36 1 36
30 Firefighter en-A 36 2 72
31 Files file-1 15 1 15
32 Printer print-2 20 1 20
33 34
35 Administration Assigned SF - 13 783
36 Circulation unit circ-4 25% 196
37 Administration Net SF - 13 979
38 39
40 41
42 Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
APPENDI X 2 C. SPACE PROGRAM FIRE STATION 43
Space Needs Program
FIRE STATION 43 (NEW)

GRIFFIN STRUCTURES 118
City of Atwater: Fire Station 43
Space Projections
Line Code SF Staff Qty SF
Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
44 Living Quarters
45 46 Sleeping Quarters
47 Captain's Headquarters
48 Dorm fire-dorm-c 150 1 150
49 Restroom / Shower fire-bath-single 100 1 100
50 Dorms fire-dorm-reg 120 3 360 Includes bed, desk, & 3 lockers for shift change 51 Gender Neutral Single Use Restroom / Shower fire-bath-single 100 2 150 52 Washer / Dryer WD-1 60 1 60
53 Linen Closet / Delivery Service Area allow 20 1 20
54 Janitor Closet / Cleaning Supplies jan 45 1 45
55 56 Living Areas Areas can seat up to 6
57 Kitchen kitchen-5 300 1 300 Includes range & island
58 Food Lockers locker-food 3 13 39
59 General Pantry allow 30 1 30
60 Refrigerator / Freezer fridge-comm 10 2 20
61 Water Delivery Area allow 20 1 20
62 Dining Room allow 300 1 300
63 Day Room allow 400 1 400
64 65 Living Quarters Assigned SF - - 1,994
66 Circulation unit circ-3 20% 399
67 Net SF - - 2,393
68 69 Apparatus Bay & Support Areas
70 71 Apparatus Bay
72 Drive-Thru Bays
73 Bay 1: 18' x 70' bay-3 1,260 1 1,260
74 Bay 2: 18' x 70' bay-3 1,260 1 1,260
75 Note: Preferred drive-thru access w/ quick release doors Bays to include exhaust removal system. 76 77 Turnout Gear Room locker-3 15 15 225 2 additional for mutual aid 78 79 Decontamination Room decon-1 120 1 120
80 Commercial extractor machine/spin. Space for hosing down soiled turnouts. Must be ventilated, hard floor and walls, drains, etc. 81 Include area for draining/hosing, & provide exterior hose-down access 82 83 Apparatus Support
84 Air Compressor Room allow 40 1 40
85 SCBA Testing, Storage, & Repair Room stor-1 80 1 80
86 Workshop & Tool Room / Alcove shop-2 120 1 120
87 Note: Provide center work bench/table 48" wide; work counters on long walls; Secured cage for locking special tools 88 89 Hose Drying / Storage Area qallow 40 1 40
90 Medical Supply Room stor-1 80 1 80
APPENDI X 2 C. SPACE PROGRAM FIRE STATION 43
FIRE STATION 43 (NEW) CONT.

GRIFFIN STRUCTURES 119
City of Atwater: Fire Station 43
Space Projections
Line Code SF Staff Qty SF
Space Standard
Existing SF
Future Need
(10-20 Years)
FacilityDepartmentDivisionSpace TypeStaff/Item
91 92 Fitness Room
93 Weight / Cardio Room allow 600 1 600
94 95 Building Support
96 Fire Riser allow 40 1 40
97 Electrical Room allow 80 1 80
98 Mechanical Room allow 80 1 80
99 IDF / MDF Rooms allow 60 1 60
100
101
102 Apparatus Bay & Support Areas Assigned SF - - 4,085 103 Circulation unit circ-1 10% 409
104 Net SF - - 4,494
105
106
107
108 Atwater Fire Station 43 Net SF - 7,866
109 Net to Gross Circulation ntg factor-2 85% 1,388
110 Atwater Fire Station 43 Gross SF - 9,254
111
112
113
114
115 Exterior Components
116
117 Support Spaces
118 Patio allow 400 1 400
119 Trash Enclosure allow allow 100 1 100
120 Emergency Generator allow 300 1 300
121
122 Parking
123 Employee Parking stall-gen stall-std 200 5 1,000
124 Overlap Shift Parking stall-std 200 4 800
125 Visitor Parking stall-std 200 2 400 Includes ADA
126
127 Exterior Components Assigned SF - 3,000
128 Circulation
129 Exterior Components Gross SF - 3,000
130
131
132
133
134
135
136
137
APPENDI X 2 C. SPACE PROGRAM FIRE STATION 43
FIRE STATION 43 (NEW) CONT.

APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT GRIFFIN STRUCTURES 120 Appendix 2D.

Space Program
Police Department

GRIFFIN STRUCTURES 121
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 City of Atwater Police Department 1
2 Administration 3
4 Office of the Chief
5 6 Private Offices
7 Chief of Police PO-7 300 404 1 1 300 1 1 300 1 1 300
8 Lieutenant PO-5 210 290 1 1 210 1 1 210 1 1 210
9 Admin Assistant PO-3 150 163 1 1 150 1 1 150 1 1 150
10 11 Support Areas
12 Executive Conference Room C-4 240 200 1 240 1 240 1 240 13 Work Room / Supplies / Personnel Files work-rm 120 1 120 1 120 1 120 14 Unisex Restroom ADA-1 80 1 80 1 80 1 80
15 Coffee Bar cof-2 20 1 20 1 20 1 20
16 17 Office of the Chief Assigned SF 1,057 3 1,120 3 1,120 3 1,120 18 Circulation unit circ-4 25% 131 280 280 280
19 Office of the Chief Net SF 1,188 3 1,400 3 1,400 3 1,400 20 21
22 23 Administration Assigned SF 1,057 3 1,120 3 1,120 3 1,120 24 Circulation 131 280 280 280
25 Administration Net SF 1,188 3 1,400 3 1,400 3 1,400
26 27
28 29 Operations 30
31 Patrol
32 33 Private Offices
34 Sergeant SPO-8 360 426 4 1 360 4 1 360 4 1 360 includes files/lockers 35 36 Cubicles
37 Police Officers 16 18 20
38 School Resource Officer en-C 64 1 1 64 1 1 64 1 1 64 39 Reserve Police Officer [1] [1] [1]
40 41 Report Writing
42 Report Writing Station en-A 36 100 3 108 4 144 4 144 43 Copy Work Area Copy-2 40 1 40 1 40 1 40
44 45 Support Areas
46 Briefing Room brief-3 800 458 1 500 1 600 1 800
47 Holding Cell d-tank 180 158 1 180 1 180 1 180
48 AV Cabinet allow 30 1 30 1 30 1 30
49 Mailboxes mail 20 130 1 20 1 20 1 20
50 Armory ARM 150 87 1 150 1 150 1 150
51 Battery Packs cntr-ln 6 6 36 6 36 6 36
52 K-9 Storage allow 60 1 60 1 60
53 Gear Storage allow 150 110 1 150 1 150 1 150
54 55
56 Patrol Assigned SF 1,469 21 1,638 23 1,834 25 2,034
57 Circulation unit circ-4 25% 290 410 459 509
58 Patrol Net SF 1,759 21 2,048 23 2,293 25 2,543
59 60
61 62
FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
Space Needs Program

POLICE DEPARTMENT

GRIFFIN STRUCTURES 122
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
64 Investigations
65 66 Private Offices
67 Sergeant PO-3 150 155 1 1 150 1 1 150 1 1 150
68 69 Cubicles
70 Detectives en-C 64 311 3 3 192 3 3 192 3 3 192
71 72 Support Areas
73 Conference Room C-4 240 1 240
74 Storage stor-4 150 202 1 150 1 150 1 150
75 Interview Room int-2 100 82 1 100 1 100 1 100
76 Interview Monitoring Room 88 - - - - - -
77 78
79 Investigations Assigned SF 838 4 592 4 592 4 832
80 Circulation unit circ-4 25% 190 148 148 208
81 Investigations Net SF 1,028 4 740 4 740 4 1,040
82 83
84 85 Operations Assigned SF 2,307 25 2,230 27 2,426 29 2,866 86 Circulation 480 - 558 - 607 - 717
87 Operations Net SF 2,787 25 2,788 27 3,033 29 3,583
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
POLICE DEPARTMENT CONT.

GRIFFIN STRUCTURES 123
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
128 Support Services 129
130 Records
131
132 Private Offices
133 Records Manager PO-3 150 267 1 1 150 1 1 150 1 1 150 134
135 Ooen Workstations
136 Records Clerk en-C 64 incl abv 2 2 128 2 2 128 3 3 192 137
138 Support Areas incl abv
139 Records File Storage - - - - - - Electronic storage only 140 Copy / Work Area Copy-2 40 1 40 1 40 1 40
141 Internal Service Counter (secure side) allow 20 1 20 1 20 1 20 142
143 Records Assigned SF 267 3 338 3 338 4 402
144 Circulation unit circ-4 25% 53 85 85 101
145 Records Net SF 320 3 423 3 423 4 503
146
147
148
149 Communications
150
151 Private Offices
152 Dispatch Manager PO-3 150 173 1 1 150 1 1 150
153
154 Open Floor
155 Dispatchers Dispatch-1 100 232 7 2 200 7 3 300 8 3 300 All dispatch workstations to be fully ADA compliant 156 Training Console Dispatch-1 100 1 100 All dispatch workstations to be fully ADA compliant 157
158 Support Areas
159 Lockers locker-1 5 7 35 8 40 9 45
160 Coffee Bar / Kitchenette kitchenette 120 79 1 120 1 120 1 120 161 Chair Storage allow 40 1 40 1 40 1 40
162 Unisex Restroom ADA-1 80 39 1 80 1 80 1 80
163 Quiet Room Quiet-rm 120 1 120
164
165 Communications Assigned SF 523 7 475 8 730 9 955
166 Circulation unit circ-4 25% 110 119 183 239
167 Communications Net SF 633 7 594 8 913 9 1,194
168
169
170
171 Property & Evidence
172
173 Offices
174 Property & Evidence Technician PO-3 150 1 1 150 1 1 150 175
176 Officer Bag Tag
177 Work Table w/ Exhauster wtbl 40 1 40 1 40 1 40
178 Counter w/ Barcoding Station cnt-r 36 1 36 1 36 1 36 179 Evidence Drop Lockers evi-lock 30 1 30 1 30 1 30
180 Oversized Lockers ov-lock 15 1 15 1 15 1 15
181 Drying Cabinets / Closet dry1 20 1 20 1 20 1 20
182 Emergency Eyewash emerg-wsh 10 1 10 1 10 1 10
183
184 Evidence Support Areas 618
185 Intake Area intake 60 1 60 1 60 1 60
186 Supplies allow 20 1 20 1 20 1 20
187 General Evidence Storage (HD Shelving) allow 300 1 300 1 300 1 300 188 Firearms allow 100 1 50 1 50 1 100
189 Narcotics allow 100 1 50 1 50 1 100
190 Refrigerator evid-fridge 20 1 20 1 20 1 20
191 Freezer evid-freezer 20 2 40 2 40 2 40
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
POLICE DEPARTMENT CONT.

GRIFFIN STRUCTURES 124
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
192 Bikes / Oversized Property allow 100 1 50 1 50 1 100 193 Evidence Return Vestibule / Registrants Access (w/ livescan) evi-vest 120 1 120 194
195
196 Property & Evidence Assigned SF 618 - 741 - 891 - 1,161 197 Circulation unit circ-4 25% 150 185 223 290
198 Property & Evidence Net SF 768 - 926 - 1,114 - 1,451 199
200
201
202 Community Services
203
204 Private Offices
205 Code Enforcement Manager PO-3 150 177 1 1 150 1 1 150 1 1 150 206
207 Open Workstations
208 Community Services Officer en-C 64 129 2 1 64 2 1 64 3 2 128 209 Code Enforcement Officer en-C 64 2 1 64 2 1 64 2 1 64 210 Volunteer en-C 64 98 1 64 1 64 1 64 Currently vacant 211
212 Support Areas
213 Files stor-1 80 1 80 1 80 1 80
214 Copy / Work Area Copy-2 40 1 40 1 40 1 40
215
216
217 Community Services Assigned SF 404 5 462 5 462 6 526 218 Circulation unit circ-4 25% 85 116 116 132
219 Community Services Net SF 489 5 578 5 578 6 658
220
221
222
223 IT
224
225 Private Office
226 IT Support Drop-In PO-2 120 254 1 120
227
228 Support Areas
229 Storage / Work Room allow 200 incl abv 1 200 1 200 1 200 230
231
232
233 IT Assigned SF 254 - 200 - 200 - 320
234 Circulation unit circ-4 25% 52 50 50 80
235 IT Net SF 306 - 250 - 250 - 400
236
237
238
239 Support Services Assigned SF 2,066 15 2,216 16 2,621 19 3,364 240 Circulation 450 - 555 - 657 - 842
241 Support Services Net SF 2,516 15 2,771 16 3,278 19 4,206 242
243
244
245
246
247
248
249
250
251
252
253
254
255
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
POLICE DEPARTMENT CONT.

GRIFFIN STRUCTURES 125
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
256 Common Areas 257
258 Public Lobby
259
260 Public Area
261 Entry Vestibule allow 80 1 80
262 Lobby allow 400 143 1 200 1 200 1 400
263 Memorabilia Wall / Case incl abv incl abv incl abv
264 Live Scan / Processing / Interview Room live-scan 125 121 1 125 1 125 1 125 265 Public ADA Restroom ADA-1 80 243 1 80 1 80 1 80
266
267 Public Lobby Assigned SF 507 - 405 - 405 - 685
268 Circulation unit circ-4 25% 158 101 101 171
269 Public Lobby Net SF 665 - 506 - 506 - 856
270
271
272
273 Staff Breakroom
274
275 Staff Break Areas
276 Lunchroom / Lounge allow 600 258 1 400 1 400 1 600
277
278 Staff Breakroom Assigned SF 258 - 400 - 400 - 600
279 Circulation unit circ-4 25% 82 100 100 150
280 Staff Breakroom Net SF 340 - 500 - 500 - 750
281
282
283
284
285 Fitness
286
287 Gym
288 Gym - Free Weight, Cardio, Open Floor gym-1 1000 1 1,000 289
290 Support Areas
291 Storage stor-1 80 1 80
292 Water Fountain wtr 20 1 20
293
294 Fitness Assigned SF - - - - - 1,100
295 Circulation unit circ-4 25% - - 275
296 Fitness Net SF - - - - - 1,375
297
298
299 Open Locker Area
300
301 Locker Area (Open Lockering)
302 Sworn / Reserve Lockers locker-3 15 777 30 450 35 525 35 525 303 Nonsworn Day Use Lockers locker-2 10 20 200 25 250 25 250 304
305 Support Areas
306 Toilet / Lav Changing (Priv. Single Occupant) open-lav 100 incl abv 4 400 4 400 4 400 307 Toilet / Lav / Shower (Priv. Single Occupant) open-shower 120 incl abv 2 240 3 360 3 360 308 Quiet / Sleep Room sleep-1 120 1 120 1 120 1 120 Includes sink for lactation 309
310 Open Locker Area Assigned SF 777 - 1,410 - 1,655 - 1,655 311 Circulation unit circ-4 25% 210 353 414 414
312 Open Locker Area Net SF 987 - 1,763 - 2,069 - 2,069 313
314
315
316
317
318
319
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
POLICE DEPARTMENT CONT.

GRIFFIN STRUCTURES 126
City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
320 General Building Components
321
322 Building Support
323 Mechanical / Electrical allow 300 324 1 300 1 300 1 300 324 Janitorial jan 45 30 1 45 1 45 1 45
325 Storage stor-1 80 86 1 80 1 80 1 80
326 Server Room allow 150 110 1 150 1 150 1 150
327
328 General Building Components Assigned SF 550 - 575 - 575 - 575 329 Circulation unit circ-4 25% 188 144 144 144
330 General Building Components Net SF 738 - 719 - 719 - 719 331
332
333
334 Common Areas Assigned SF 2,092 - 2,790 - 3,035 - 4,615 335 Circulation 638 - 698 - 759 - 1,154
336 Common Areas Net SF 2,730 - 3,488 - 3,794 - 5,769
337
338
339
340
341 City of Atwater Police Department Assigned SF 7,522 43 8,356 46 9,202 51 11,965 342 Circulation 1,699 - 2,091 - 2,303 - 2,993
343 City of Atwater Police Department Net SF 9,402 43 10,447 46 11,505 51 14,958 344 ntg factor-3 80% 838 2,611 2,876 3,739
345 City of Atwater Police Department GSF 10,240 43 13,058 46 14,381 51 18,697 346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
APPENDI X 2 D. SPACE PROGRAM POLICE DEPARTMENT
POLICE DEPARTMENT CONT.

City of Atwater Police Department
Space Requirements
line Code SF Staff Qty SF Staff Qty SF Staff Qty SF
40 FacilityDepartmentDivisionSpace TypeStaff/ItemNotes
5 Year
Projection Space Standard Current Need
10-20 Year
Existing SF Projection
384 Exterior Components 385
386 Exterior Areas
387
388 Support Spaces
389 Secure Sallyport allow 1200 1 1,200 1 1,200 1 1,200 390 Emergency Generator / Fuel Tank allow 300 1 300 1 300 1 300 391 Trash Enclosure / Loading Area allow 150 1 150 1 150 1 150 392 Duty Bags locker-1 5 30 150 35 175 35 175
393
394 Exterior Areas Assigned SF - 1,800 - 1,825 - 1,825
395 Circulation
396 Exterior Areas Gross SF - 1,800 - 1,825 - 1,825
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421

APPENDI X 3 . DETAILED PROJECT BUDGET GRIFFIN STRUCTURES 127 Appendix 3.

Detailed Project Budget

Prepared for City of Atwater
ROM Cost Estimate, R2
February 7, 2025
City of Atwater
Public Safety Upgrades
Atwater, CA

Atwater Public Safety Master Plan
Conceptual Statement of Probable Cost
Fire Station 43
Option 1 Option 2 Option 1 Option 2 Option 1 Option 1 Option 2 1 CONSTRUCTION COSTS 8,013,000 8,528,000 1,447,000 2,143,000 17,679,000 3,853,000 13,946,000 Building Materials and Labor 6,976,200 7,441,280 1,242,930 1,864,395 9,712,500 3,171,000 11,508,000 Site Improvements 250,000 250,000 50,000 50,000 5,514,740 304,000 504,000 Escalation to Midpoint of Construction (varies) 786,478 837,096 154,320 228,496 2,452,244 378,209 1,934,451 2 GEOTECHNICAL 15,000 15,000 0 0 30,000 15,000 30,000
Soils Reports (Buildings, Parking Areas) 15,000 15,000 N/A N/A 30,000 15,000 30,000 Allowance 3 ENVIRONMENTAL 5,000 5,000 0 0 0 5,000 5,000
Environmental Impact Report (EIR) / CEQA N/A N/A N/A N/A N/A N/A N/A Site expected to be clear ACM/LBP Report 5,000 5,000 N/A N/A N/A 5,000 5,000 N/A
4 DEPUTY TESTING AND INSPECTION 50,000 50,000 10,000 10,000 270,000 60,000 210,000 Soils Testing (Deputy Inspections) 10,000 10,000 0 0 90,000 20,000 70,000 Allowance Materials Testing (Deputy Inspections) 40,000 40,000 10,000 10,000 180,000 40,000 140,000 Allowance 5 A/E SERVICES 810,000 860,000 150,000 220,000 1,770,000 390,000 1,400,000 Conceptual Design 810,000 860,000 150,000 220,000 1,770,000 390,000 1,400,000 Based on 10% fee Schematic Design Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Design Development Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Construction Administration Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv FF&E Procurement Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv Incl abv 6 FIXTURES, FURNISHINGS, & EQUIPMENT (FF&E) 225,000 250,000 50,000 50,000 570,000 155,000 755,000 Buildings 120,000 130,000 20,000 20,000 460,000 150,000 330,000 Allowance of $50/SF Lockers 40,000 40,000 N/A N/A 40,000 N/A 150,000 Allowance Fitness Room Equipment 60,000 60,000 30,000 30,000 45,000 N/A 250,000 Allowance Site 5,000 20,000 N/A N/A 25,000 5,000 25,000 Allowance 7 TEMPORARY FACILITIES AND RELOCATION 0 0 0 0 0 0 0
Temporary Facilities N/A N/A N/A N/A N/A N/A N/A
Relocation Expenses N/A N/A N/A N/A N/A N/A N/A
8 ELECTRONIC SYSTEMS AND SPECIAL EQUIPMENT 320,000 340,000 60,000 80,000 700,000 160,000 560,000 Computers, Phones, Servers, Etc. N/A N/A N/A N/A N/A N/A N/A City to advise on requirement, if any AV Systems 160,000 170,000 30,000 40,000 350,000 80,000 280,000 Based on 2% of Construction Costs Security Equipment 160,000 170,000 30,000 40,000 350,000 80,000 280,000 Based on 2% of Construction Costs 9 PROGRAM & CONSTRUCTION MANAGEMENT 400,000 400,000 75,000 75,000 900,000 190,000 400,000 Overhead, Fee & Administration costs 400,000 400,000 75,000 75,000 900,000 190,000 400,000 Allowance 10 UTILITY COMPANY CONNECTION SERVICES AND FEES 25,000 25,000 10,000 2,500 100,000 10,000 50,000 Electric Service 5,000 5,000 2,500 2,500 20,000 2,500 10,000 Allowance Water Service 5,000 5,000 2,500 N/A 20,000 2,500 10,000 Allowance Sewer Service 5,000 5,000 2,500 N/A 20,000 2,500 10,000 Allowance Gas Service 5,000 5,000 2,500 N/A 20,000 2,500 10,000 Allowance Phone/Data/Cable Service 5,000 5,000 N/A N/A 20,000 N/A 10,000 Allowance 11 CITY OF ATWATER FEES AND ADMINISTRATION 0 0 0 0 0 0 0 Plan Check, Permit Fees, and Building Inspections N/A N/A N/A N/A N/A N/A N/A Assumes exempt from fees 12 CONTINGENCY: CITY OF ATWATER 1,696,000 1,803,000 307,000 451,000 1,985,000 820,000 1,566,000 Course of Construction Contingency 1,603,000 1,706,000 289,000 429,000 1,768,000 771,000 1,395,000 20% for renovation; 10% for new construction Soft Cost Contingency 93,000 97,000 18,000 22,000 217,000 49,000 171,000 5% Allowance on all Soft Costs TOTAL PROJECT COSTS $11,559,000 $12,276,000 $2,109,000 $3,031,500 $24,004,000 $5,658,000 $18,922,000 NOTES:

1. Construction costs are based on February 2025 values and include escalation depending on the start and duration of construction.

2. This Statement of Probable Cost is based on current level of documentation available which is a visual observation of current facilities. Estimates are developed on reasonable best efforts to assess geographic considerations, assumed building type, construction methods, current labor rates and material costs, and local market conditions to generate an opinion of possible project specific costs. Adjustments to this estimate could produce amendments to subsequent and future project budget updates based upon changes in project specific requirements, program refinement or unforeseen adjustments in local market conditions affecting both direct and indirect costs.

Component
Fire Station 41 Fire Station 42
Comment
Police Department

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 February 7, 2025

BASIS OF ESTIMATE

ESTIMATE MARK UPS
The following markups are included in this estimate:
1) General Conditions Included in unit costs
2) Overhead and Profit (OH&P) Included in unit costs
3) Bonds & Insurance Included in unit costs
4) Design Contingency Included in unit costs
5a) Escalation to MOC, 11/14/26 10.88% Station 41 and PD Option 1 5b) Escalation to MOC, 01/13/27 11.94% Station 42
5c) Escalation to MOC, 08/28/27 16.10% Station 43 and PD Option 2 Escalation projections per annum:
2025 6.00%
2026 6.00%
2027 6.00%
2028 6.00%

EXCLUSIONS
The following items are excluded in this estimate.
1)
2) Off-site work
3) Night time and weekends work.
4) Interim housing.
5) Accelerated construction schedule.
6) Low voltage head end equipment.

ITEMS AFFECTING COST ESTIMATE
Items that may change the estimated construction cost may include but are not limited to the following:
1) Unforeseen sub-surface condition.
2)
3) Sole source procurement.
4) Any changes or delay from the projected construction schedule.

CLARIFICATIONS
1)
2)
3)

INTRODUCTION
This Cost Estimate is based on ROM diagrams dated August 28, 2024 and 01/30/2025, along with verbal and written guidance from the owner.

Escalation beyond midpoint of construction, which varies with the different stations. Station 41 has a projected construction start of September 2026 and a 4 month duration. Station 42 has a projected construction start of September 2026 and a 8 month duration. Station 43 has a projected construction start of January 2027 and a 15 month duration.

This estimate assumes the use of prevailing wages. The estimate does not include a PLA or CSWPA.

This estimate is based on the assumption of a competitive bid environment by a minimum of four at the General Contractor and the Subcontractor level.

Any changes to the scope of work not included in this report. We recommend updating the estimate to capture the value of any changes.

This estimate assumes design-bid-build delivery method.

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Scope Elements Area Cost / SF Total
FIRE STATION #41, RECONFIGURE 13,288 SF $525.00 $6,976,200 SITE IMPROVEMENTS, MINOR ALLOWANCES $250,000
ESCALATION TO MOC, 01/13/27 $786,478
$8,012,678
FIRE STATION #41, RECONFIGURE 13,288 SF $560.00 $7,441,280 SITE IMPROVEMENTS, MINOR ALLOWANCES $250,000
ESCALATION TO MOC, 11/14/26 $837,096
$8,528,376
FIRE STATION #42, RECONFIGURE 6,374 SF $195.00 $1,242,930 SITE IMPROVEMENTS, MINOR ALLOWANCES $50,000
ESCALATION TO MOC, 11/14/26 $154,320
$1,447,250
FIRE STATION #42, RECONFIGURE 6,374 SF $292.50 $1,864,395 SITE IMPROVEMENTS, MINOR ALLOWANCES $50,000
ESCALATION TO MOC, 11/14/26 $228,496
$2,142,891
NEW FIRE STATION BUILDING, 1-STORY, ALLOWANCE 9,250 SF $1,050.00 $9,712,500 SITE DEVELOPMENT 44,600 SF $123.65 $5,514,740
ESCALATION TO MOC, 08/28/27 $2,452,244
$17,679,484
POLICE DEPARTMENT, RECONFIGURE 15,100 SF $210.00 $3,171,000 SITE IMPROVEMENTS, MINOR ALLOWANCES $250,000
EXPAND PARKING (6 SPOTS), ALLOWANCE $54,000
ESCALATION TO MOC, 01/13/27 $378,209
$3,853,209
POLICE DEPARTMENT, RECONFIGURE 15,100 SF $420.00 $6,342,000 EXPANSION (LOCKERS, TOILETS, CHANGING, SHOWERS, GYM, 4,100 SF $1,260.00 $5,166,000 SITE IMPROVEMENTS, MINOR ALLOWANCES $450,000
EXPAND PARKING (6 SPOTS), ALLOWANCE $54,000
ESCALATION TO MOC, 08/28/27 $1,934,451
$13,946,451
TOTAL ESTIMATED CONSTRUCTION COST - PD OPTION 1
POLICE DEPARTMENT OPTION 1: RECONFIGURE EXISTING BUILDING + EXPANSION TOTAL ESTIMATED CONSTRUCTION COST - PD OPTION 2

CONSTRUCTION COST SUMMARY
TOTAL ESTIMATED CONSTRUCTION COST - FS#41 OPTION 1
TOTAL ESTIMATED CONSTRUCTION COST - FS#42 OPTION 1
TOTAL ESTIMATED CONSTRUCTION COST - FIRE STATION #43
FIRE STATION #43: NEW BUILD
FIRE STATION #42 OPTION 1: RECONFIGURE 2 DORMS, OFFICE AND FITNESS AREA FIRE STATION #41 OPTION 1: RECONFIGURE DORMS, DAY ROOM, FITNESS ROOM, TURNOUTS, CONFERENCE ROOM

AND UTILITY SPACES
FIRE STATION #41 OPTION 2: RECONFIGURE DORMS, DAY ROOM, FITNESS ROOM, TURNOUTS, CONFERENCE

ROOM, UTILITY SPACES AND OFFICES
TOTAL ESTIMATED CONSTRUCTION COST - FS#41 OPTION 2
FIRE STATION #42 OPTION 2: RECONFIGURE FITNESS AREA, OFFICE, CAPTAIN SHOWER AND DORM, ACCESSIBLE

RESTROOM AND SHOWER
TOTAL ESTIMATED CONSTRUCTION COST - FS#42 OPTION 2
POLICE DEPARTMENT OPTION 1: RECONFIGURE EXISTING BUILDING

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Fire Station #41: Modernization Options

Public Safety Upgrades
El Pescadero Park Improvements
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Element Quantity Unit Unit Cost Total
Fire Station #41, reconfigure 13,288 sf $525.00 $6,976,200 Site improvements, minor allowances 1 ls $250,000.00 $250,000 Subtotal $7,226,200
Escalation to MOC, 01/13/27 10.88% $786,478
Subtotal Option 1 = $8,012,678
Fire Station #41, reconfigure 13,288 sf $560.00 $7,441,280 Site improvements, minor allowances 1 ls $250,000.00 $250,000 Subtotal $7,691,280
Escalation to MOC, 01/13/27 10.88% $837,096
Subtotal Option 2 = $8,528,376
Fire Station #41: Modernization Options Detail Elements Option 2: Reconfigure dorms, day room, fitness room, turnouts, conference room, utility spaces and offices Option 1: Reconfigure dorms, day room, fitness room, turnouts, conference room and utility spaces

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Fire Station #42: Modernization Options

Public Safety Upgrades
El Pescadero Park Improvements
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Element Quantity Unit Unit Cost Total
Fire Station #42, reconfigure 6,374 sf $195.00 $1,242,930 Site improvements, minor allowances 1 ls $50,000.00 $50,000 Subtotal $1,292,930
Escalation to MOC, 11/14/26 11.94% $154,320
Subtotal Option 1 = $1,447,250
Fire Station #42, reconfigure 6,374 sf $292.50 $1,864,395 Site improvements, minor allowances 1 ls $50,000.00 $50,000 Subtotal $1,914,395
Escalation to MOC, 11/14/26 11.94% $228,496
Subtotal Option 2 = $2,142,891
Fire Station #42: Modernization Options Detail Elements Option 1: Reconfigure 2 dorms, office and fitness area
Option 2: Reconfigure fitness area, office, captain shower and dorm, accessible restroom and shower

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Fire Station #43: New Build

Public Safety Upgrades
El Pescadero Park Improvements
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Element Quantity Unit Unit Cost Total
New Fire Station Building, 1-story, allowance 9,250 sf $1,050.00 $9,712,500 Site Development
Temporary protections, traffic control and construction access, allowance 1 ls $245,000.00 $245,000
Site demolition, allowance 44,600 sf $7.00 $312,200
Earthwork and erosion control 44,600 sf $5.60 $249,760
Site electrical service and distribution including generator, allowance 44,600 sf $28.00 $1,248,800
Site lighting 44,600 sf $7.00 $312,200
Site low voltage including data and security 44,600 sf $3.50 $156,100 Hardscape, vehicular 13,200 sf $56.00 $739,200
Hardscape, pedestrian 3,482 sf $42.00 $146,244
Signage and specialties 44,600 sf $2.80 $124,880
Fencing and gates, allowance 1 ls $420,000.00 $420,000
Trash enclosure including shade structure over top, allowance 1 ls $182,000.00 $182,000 Landscaping
Planting areas including trees, shrubs, turf, irrigation and mulch 18,668 sf $24.50 $457,366 Site utilities
Fire water 44,600 sf $4.20 $187,320
Domestic water 44,600 sf $3.15 $140,490
Sanitary sewer 44,600 sf $3.50 $156,100
Gas, not required Excluded
Storm drain 44,600 sf $9.80 $437,080
Offsite work, not included Excluded
Subtotal $15,227,240
Escalation to MOC, 08/28/27 16.10% $2,452,244
Subtotal Option A = $17,679,484
Fire Station #43: New Build Detail Elements
New Fire Station #43

City of Atwater
Public Safety Upgrades
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Police Department: Renovation Options

Public Safety Upgrades
El Pescadero Park Improvements
Atwater, CA
ROM Cost Estimate, R2 02/07/25
Element Quantity Unit Unit Cost Total
Police Department, reconfigure 15,100 sf $210.00 $3,171,000 Site improvements, minor allowances 1 ls $250,000.00 $250,000 Expand parking (6 spots), allowance 1,800 sf $30.00 $54,000 Subtotal $3,475,000
Escalation to MOC, 01/13/27 10.88% $378,209
Subtotal Option 1 = $3,853,209
Police Department, reconfigure 15,100 sf $420.00 $6,342,000 Expansion (lockers, toilets, changing, showers, gym, lunch room / lounge), allowance 4,100 sf $1,260.00 $5,166,000
Site improvements, minor allowances 1 ls $450,000.00 $450,000 Expand parking (6 spots), allowance 1,800 sf $30.00 $54,000 Subtotal $12,012,000
Escalation to MOC, 08/28/27 16.10% $1,934,451
Subtotal Option 2 = $13,946,451
Police Department: Renovation Options Detail Elements
Option 1: Reconfigure Existing Building
Option 2: Reconfigure Existing Building + Expansion

NORTHERN CALIFORNIA OFFICE
1850 WARBURTON A V E N U E
SUITE 120
SANTA CLARA, CA 95050
408 955 0431

SOUTHERN CALIFORNIA OFFICE
1 TECHNOLOGY DRI V E
BUILDING I SUITE 829
I R V INE, CA 92618
949 497 9000

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 14, 2025
TO: Mayor and City Council
FROM: Daniel Garcia, Code Enforcement Manager

PREPARED
BY:

Daniel Garcia, Code Enforcement Manager
SUBJECT: Confirmation of Itemized Cost Reports, Pursuant to the Atwater Municipal Code 8.32.130, regarding Abatement of Property located at 1265 High Street (003-043-013) (Code Enforcement Manager Garcia)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and take any testimony given;
Confirm the Itemized Cost Reports pursuant to Atwater Municipal Code 8.32.130, regarding the blight and structure fire abatement of the property located at 1265 High Street. APN: 003-043-013 Property Owners: Celestino L. and Celia V. Lopez; and Authorize and direct the City Manager or his designee to execute any and all documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

In accordance with Atwater Municipal Code (AMC) Chapter 8.32, specifically Section

8.32.130, the City Council is required to hold a public hearing to confirm the itemized costs incurred in the abatement of a public nuisance. This hearing provides the opportunity for any objections or protests regarding the accuracy or reasonableness of the charges to be heard and considered. Following the hearing, Council may make modifications as deemed appropriate and confirm the report. Once confirmed, the report serves as the basis for further collection proceedings, including placement of a special assessment on the property tax roll.

The property located at 1265 High Street, Assessor’s Parcel Number (APN) 003-043- 013, was originally developed as a single-family residence in 1935. Code Enforcement action was initiated on July 15, 2019, in response to the property's deteriorated and abandoned condition. The first Notice to Abate was issued under AMC Sections

8.32.020 and 8.32.030 for conditions constituting blight.

At the time of initial enforcement, the property had a history of burglaries and transient

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Confirmation of Itemized Cost Reports, Pursuant to the Atwater Municipal Code

8.32.130, regarding Abatement of Property located at 1265 High Street (003-043-013) (Code Enforcement Manager Garcia) Page 2

occupancy. Over the following years, the property’s condition further declined, with frequent use by unhoused individuals and substantial accumulations of junk and debris.

Despite ongoing enforcement, citations, and notices issued by the City, there was no communication or remedial action taken by any responsible party associated with the property.

On November 23, 2024, the structure sustained significant damage from a fire. Due to the fire damage, ongoing unlawful occupancy, and unsafe structural conditions, the property was officially declared “Dangerous/Do Not Occupy” on December 2, 2024, in accordance with applicable municipal regulations.

In light of the imminent public safety risks and the continued lack of response from the property owner, the City obtained an abatement warrant authorizing demolition of the structure. Asbestos testing was conducted following issuance of the warrant, and all required postings and legal notifications were completed and documented via department-issued body-worn cameras. No objections or communications were received from the property owner.

Demolition commenced on February 27, 2025, and was completed on February 28, 2025.

In compliance with AMC Section 8.32.130, an itemized report detailing the total costs incurred in the abatement process has been prepared and is submitted to the City Council for confirmation. This report pertains to the property owned by Celestino L. and Celia V. Lopez. Confirmation of these costs by City Council is a necessary step prior to initiating any further action for cost recovery, including but not limited to recordation of a lien or placement of a special assessment on the property.

II. FISCAL IMPACTS:

Confirmation of the Itemized Cost Report of the abatement will allow staff to explore different ways to recover the confirmed costs of abatement. This items has been reviewed by the Finance Director.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

Confirming the Itemized Costs Report of the abatement is consistent with goal numbers one (1), two (2), and six (6): to ensure the City’s continued financial stability, to improve public safety, and to enhance quality of life, respectively.

V. ALTERNATIVES:

N/A

Agenda Report - Confirmation of Itemized Cost Reports, Pursuant to the Atwater Municipal Code

8.32.130, regarding Abatement of Property located at 1265 High Street (003-043-013) (Code Enforcement Manager Garcia) Page 3

VI. INTERDEPARTMENTAL COORDINATION:

The abatement cleanup required a combined and coordinated effort between the Atwater Police Department, Building Department and Public Works Department, along with assistance from outside vendors. A portion of the abatement required enforcement of a trespassing letter to allow for the Public Works Department and outside vendors to access and assist with the cleanup.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Following City Council’s confirmation of the Itemized Cost Report, the Property Owner will have thirty (30) days to respond and/or pay to the City the confirmed costs of the abatement. If no action has been taken after thirty (30) days, then City staff will explore and pursue different avenues to collect the confirmed abatement costs.

Submitted by:
/s/ Daniel Garcia
Daniel Garcia, Code Enforcement Manager
Approved by:

Chris Hoem, City Manager
Attachments:

1. 1265 High Street Confirmation of Cost (Costs)

Type of work performed Hours Cost Date of Bid
E.T. Abatement Inc. (Agreement) $ 24,998.00 2/5/2025
BEM Bovee Environmental Management Inc. $ 650.00 1/29/2025 Public Works (City of Atwater Employees) 65 $ 2,138.98
Code Enforcement (City of Atwater Police) 15 $ 1,069.50 Prior Citations/Fines $ 15,200.00
City Attorney (Contract) $ 7,097.20
Building Division (City of Atwater Employee) 7 $ 910.00 Mid Valley Disposal $ 7,628.36
Total $ 59,692.04

Date of Enforcement Date of work
02/26/2025 & 02/27/2025
1/30/2025
11/29/2032 - 05/14/2025

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 14, 2025
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Jim Vang, Civil Engineering Assistant
SUBJECT: Approving Budget Amendment and Awarding a General Construction Contract for Downtown Pedestrian Improvements Project- Phase 2 (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to Adopt Resolution No. 3528-25 approving Budget Amendment No. 13 amending the Fiscal Year 2024-25; and
Motion to Adopt Resolution No. 3529-25 awarding a General Construction Contract, in a form approved in a form approved by the City Attorney, to Agee Construction Corporation of Clovis, California, for the Downtown Pedestrian Improvements ProjectPhase 2, City Project No. 20-8, Federal Project No. CML-5254(031) and CRP5254(031), in an amount not to exceed $2,148,211.00, and authorizes construction contract change order up to an aggregate amount of $214,821.09 (10%); and authorizes and direct the City Manager, or his designee, to execute the contract on behalf of the City; or
Motion to adopt staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

On June of 2020, the City responded to MCAG’s “Congestion Mitigation and Air Quality (CMAQ) Call for Projects – Fall 2020” with separate applications for three phases of a proposed pedestrian improvement project to better connect residents with downtown.

The Phase 2 project was awarded a funding grant in the amount up to $181,110 (federal funds in the amount of $160,337 with local match in the amount of $20,773) for the design, engineering, and environmental analysis of a pedestrian project to connect a residential area with downtown. The project proposes constructing new curbs/gutters, sidewalks, curb ramps, replacement residential driveway approaches, and conform paving as required. Improvements are proposed along Grove Avenue, Fir Avenue, Elm Avenue, Drakeley Avenue, Cedar Avenue, Broadway Avenue, Fourth Street, Third Street, Second Street, and First Street.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Budget Amendment and Awarding a General Construction Contract for Downtown Pedestrian Improvements Project- Phase 2 (Public Works Director Vinson) Page 2

In December of 2022, the City of Atwater responded to MCAG CMAQ Call for ProjectSpring/Summer 2021 for the construction of Downtown Pedestrian Improvement Project-Phase 2A. The project was awarded a funding grant amount up to $789,375 (federal funds in the amount of $682,746 with local match of $106,629). In September of 2023, the City of Atwater responded to MCAG’s CMAQ/CRP Call for Project-Summer 2023 for the construction of the Downtown Pedestrian Improvement Project- Phase 2B.

The project was awarded a funding grant up to $1,432,000.00 (federal funds in the amount of $1,267,749 with local match of $164,251).

On June 4, 2024, staff received from Caltrans the Authorization to Proceed (E-76). The total construction phase of this project was determined to be $2,238,474 (federal funds in the amount of $1,950,495.00 with local match of $287,979). An 88.53% pro rata federal reimbursement rate was established for eligible items for this project.

At their regular meeting on June 10, 2024, the City Council authorized city staff to advertise a call for bids. The lowest bid received was $2,743,161.45. Given the difference in the amount budgeted and the lowest bid received, the city is unable to fund the construction phase of the project as is.

At their regular meeting on September 9, 2025, the City Council rejected all bid received at the bid opening on August 20th, 2024, at 2:00 pm and authorized staff to revise the bid package and re-advertise the project. Bid proposals for this project were opened on Thursday February 27, 2025, at 2:00 P.M. and were totaled and reviewed for responsiveness. Eight (8) bid proposals were received. The Bid Summary (Exhibit “A”) shows the bid amounts ranging from $2,148,211.00 to $3,584,510.00.

Staff has reviewed the bids and determined that the bid submitted by Agee Construction Corporation of Clovis, California in the amount of $2,148,211.00, is a responsive and acceptable 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. Separate, but also eligible for reimbursement (up to 15% of the bid) are construction engineering costs, which include but are not limited to inspection of construction activities, testing of materials incorporated into the construction, and measurements needed for establishing pay quantities.

Staff is recommending a total construction budget of $2,717,817.97 This total budget includes the construction contract amount of $2,148,211.00 for bid items with contractor, $214,821.09 for contingency, and $354,785.88 for construction engineering.

II. FISCAL IMPACTS:

On March 26, 2025, Merced County Association of Governments (MCAG) authorized and increased construction funding for this project in the amount of $390,000 in CMAQ funds.

Agenda Report - Approving Budget Amendment and Awarding a General Construction Contract for Downtown Pedestrian Improvements Project- Phase 2 (Public Works Director Vinson) Page 3

Sufficient funding for this project will be available upon approval of Budget Amendment No. X in the General Fund Capital Fund FY 24-25, Account No. 0003-1080-U005 and Measure V Alternative Mode Fund FY 24-25, Account No. 0008-1080-U005.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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 a necessary departments.

VII. PUBLIC PARTICIPATION:

The pubic 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 Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Caltrans issued a NEPA Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) on September 07,2023.

IX. STEPS FOLLOWING APPROVAL:

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

Submitted by:

Justin Vinson, Public Works Director

Agenda Report - Approving Budget Amendment and Awarding a General Construction Contract for Downtown Pedestrian Improvements Project- Phase 2 (Public Works Director Vinson) Page 4

Approved by:

Chris Hoem, City Manager
Attachments:

1. Budget Amendment Resolution for Ped Phase 2

2. Resolution XXXX-25 Awarding Construction Contract with Agee Construction

3. Project 20-8 Federal Aid Construction Contract

4. Exhibit A- Bid Summary Bid Call

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. X AMENDING 2024-2025

FISCAL YEAR BUDGET REGARDING

DOWNTOWN PEDESTRIAN IMPROVEMENTS
PROJECT- PHASE 2
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3464-24 adopting the 2024-2025 Fiscal Year Budget on June 10, 2024; 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. X to the 2024-2025 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in General Fund Capital Fund, and increasing budget in Measure V Alternative Mode Fund as follows:

Increasing Budget
(Expense)
0003-1080-U005 Downtown Pedestrian
Improvements ProjectPhase 2 (CMAQ/CRP
Fund for CON)
$450,503.00
Increasing Budget
(Expense)
0008-1080-U005 Downtown Pedestrian
Improvements ProjectPhase 2 (Local Fund
for CON)
$107,748.00
.

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’s office.

Resolution No. XXXX-25 Page 2
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 14th day of April 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER APPROVING A GENERAL CONSTRUCTION

CONTRACT TO AGEE CONSTRUCTION CORPORATION OF

CLOVIS, CA FOR DOWNTOWN PEDESTRIAN
IMPROVEMENT PROJECT-PHASE 2, City Project 20-8,
FEDERAL PROJECT CML-5254(031) and CRP-5254(031)
WHEREAS, The City of Atwater responded to MCAG’s Congestion Mitigation and Air Quality (CMAQ) Call for Project -Fall 2020 with separate applications for three phases of a pedestrian improvement project to better connect residents with downtown. The Phase 2 project was awarded a grant for the design, engineering, and environmental analysis of a pedestrian project to connect a residential area with downtown.

WHEREAS, The City of Atwater responded to MCAG’s CMAQ Call for Project - Spring/Summer 2021 and was awarded a grant for the construction of Downtown Pedestrian Improvement Project-Phase 2A; and
WHEREAS, The City of Atwater responded to MCAG’s CMAQ/CRP Call for Project - Summer 2023 and was awarded a grant for the construction of Downtown Pedestrian Improvement Project-Phase 2B;and
WHEREAS, On June 4th, 2024 staff received from Caltrans the Authorization to Proceed (E-76); and
WHEREAS, The City Council approved the design and call for bid for Downtown Pedestrian Improvement Project-Phase 2 at the June 10,2024 city council meeting; and WHEREAS, The city received 8 bids for the project with Agee Construction Corporation coming in as the lowest responsive and responsible bidder at $2,148,211.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve a General Construction Contract, in a form approved by the City Attorney, to Agee Construction Corporation of Clovis, CA in an amount not to exceed $2,148,211.00 and 10% contingency of $214,821.09 for the Downtown Pedestrian Improvement Project-Phase 2

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 14th day of April 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 1 of 41

FEDERAL-AID CONSTRUCTION CONTRACT
This FEDERAL-AID CONSTRUCTION CONTRACT (“Contract”) is made by and between the City OF ATWATER, a California municipal corporation (“City”) and Agee Construction Corporation (“Contractor”) as of April 14, 2025, 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.20-8;
C. Special Provisions for PROJECT NO.20-8;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Caltrans Standard Specifications, Latest Edition or as Specified; I. Caltrans Standard Plans, Latest Edition or as Specified; 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 2018 Caltrans Standard Specifications provides for Terminations. Section 2-

1.12A of the 2018 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 2 of 41

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. 20-8, entitled, “DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT-PHASE 2” 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 2018 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
ITEM
NO.

ITEM

CODE ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE

TOTAL ITEM
PRICE
1 153248 REMOVE CONCRETE 4,590 SF $5.00 $22,950.00
2 398001

REMOVE ASPHALT CONCRETE
PAVEMENT 8,351 SF $3.50 $29,228.50
3 153215
REMOVE EX. CONCETE CURB
AND GUTTER 324 LF $23.00 $7,452.00
4 153214
REMOVE EX. CONCRETE
VERTICAL CURB 102 LF $9.00 $918.00
5 820610 RELOCATE ROADSIDE SIGN 7 EA $430.00 $3,010.00
6 170103 CLEARING AND GRUBBING 1 LS $262,000.00 $262,000.00 7 846026 REMOVE PAVEMENT MARKING 1 LS $7,500.00 $7,500.00 8 710158 REMOVE CATCH BASIN 2 EA $810.00 $1,620.00
9 170104 REMOVE EX. TREE AND TREE
STUMP 12 EA $1,500.00 $18,000.00
10 151264 REMOVE EX. CHAINLINK FENCE 13 LF $53.00 $689.00 11 150604 REMOVE EXISTING WOOD
FENCE 93 LF $12.00 $1,116.00
12 156545 REMOVE EXISTING TIMBER 185 LF $10.00 $1,850.00

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 3 of 41 13 12746 REMOVE BOLLARD 3 EA $252.00 $756.00
14 568046

REMOVE MONUMENT POLE
SIGN 1 EA $2,750.00 $2,750.00
15 730010
MINOR CONCRETE (6" CURB
AND GUTTER) 1,962 LF $52.00 $102,024.00
16 39006

MINOR CONCRETE (RETAINING
CURB) 699 LF $52.00 $36,348.00
17 731502

MINOR CONCRETE (DRIVEWAY
CONFORM) 655 SF $15.00 $9,825.00
18 731516 MINOR CONCRETE (DRIVEWAY) 1,918 SF $16.00 $30,688.00 19 731521 MINOR CONCRETE (SIDEWALK) 14,407 SF $11.50 $165,680.50 20 731623

MINOR CONCRETE (CURB
RAMP) 2,291 SF $16.00 $36,656.00
21 730070

DETECTABLE WARNING
SURFACE 484 SF $63.00 $30,492.00
22 260203
CLASS 2 AGGREGATE BASE (5.5
IN THICKNESS) 6,434 SF $10.00 $64,340.00
23 390132
HOT MIX ASPHALT (2.5 IN.

THICKNESS) 6,434 SF $6.60 $42,464.40
24 840515

THERMOPLASTIC PAVEMENT
MARKING (STOP LEGEND) 6 EA $600.00 $3,600.00
25 840555 12" THERMOPLASTIC TRAFFIC
STRIPE (CROSSWALK) 634 LF $16.00 $10,144.00
26 707105 TYPE GO DRAINAGE INLET 3 EA $10,000.00 $30,000.00 27 130150 WATER POLLUTION CONTROL 1 LS $5,700.00 $5,700.00 28 198051 CONFORM GRADING 1 LS $90,000.75 $90,000.75
29 13673 12" STORM DRAIN PIPE 73 LF $293.00 $21,389.00
30 820880 INSTALL SIGN 1 EA $544.00 $544.00
Federal Non-Participating Items
31 152403
ADJUST EX. WATER METER BOX
TO GRADE 1 EA $1,200.00 $1,200.00
32 152410 RELOCATE WATER METER 3 EA $490.00 $1,470.00
33 152402
ADJUST EX. WATER VALVE
COVER TO GRADE 4 EA $980.00 $3,920.00
34 208690 1.5" PVC IRRIGATION
SIDEWALK CROSSING 33 EA $26.00 $858.00
35 641101
3" DUCTILE IRON THRU-CURB
PIPE 41 LF $106.00 $4,346.00
Base Bid $1,051,529.15

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 4 of 41 ADDITIVE ALTERNATIVE #1
ITEM
NO.

ITEM

CODE ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE

TOTAL ITEM
PRICE
1 153248 REMOVE CONCRETE 3081 SF $3.20 $9,859.20
2 398001 REMOVE ASPHALT
CONCRETE PAVEMENT 19,059 SF $2.05 $39,070.95
3 153215 REMOVE EX. CONCETE CURB
AND GUTTER 546 LF $7.60 $4,149.60
4 153214 REMOVE EX. CONCRETE
VERTICAL CURB 55 LF $14.50 $797.50
5 820610 RELOCATE ROADSIDE SIGN 9 EA $37.50 $337.50
6 170103 CLEARING AND GRUBBING 1 LS $19,000.00 $19,000.00 7 846026 REMOVE PAVEMENT
MARKING 1 LS $6,600.00 $6,600.00
8 170104 REMOVE EX. TREE AND TREE
STUMP 28 EA $1,500.00 $42,000.00
9 151264 REMOVE EX. WROUGHT
IRON FENCE 185 LF $8.10 $1,498.50
10 150604 REMOVE EXISTING WOOD
FENCE 61 LF $16.50 $1,006.50
11 156545 REMOVE EXISTING TIMBER 128 LF $7.50 $960.00
12 38577 REMOVE HISTORIC
LOCATION MARKER 1 EA $570.00 $570.00
13 37014 MINOR CONCRETE (VALLEY
GUTTER) 298 SF $22.50 $6,705.00
14 730010 MINOR CONCRETE (6" CURB
AND GUTTER) 4,331 LF $44.00 $190,564.00
15 39006 MINOR CONCRETE
(RETAINING CURB) 1,287 LF $47.50 $61,132.50
16 731502 MINOR CONCRETE
(DRIVEWAY CONFORM) 2,201 SF $13.00 $28,613.00
17 731516 MINOR CONCRETE
(DRIVEWAY) 4,017 SF $13.50 $54,229.50
18 731521 MINOR CONCRETE
(SIDEWALK) 21,921 SF $10.00 $219,210.00
19 731623 MINOR CONCRETE (CURB
RAMP) 3,551 SF $13.00 $46,163.00
20 730070 DETECTABLE WARNING
SURFACE 799 SF $56.00 $44,744.00
21 260203 CLASS 2 AGGREGATE BASE
(5.5 IN THICKNESS) 14,124 SF $5.20 $73,444.80
22 390132 HOT MIX ASPHALT (2.5 IN.

THICKNESS) 14,124 SF $5.20 $73,444.80
23 840515 THERMOPLASTIC PAVEMENT
MARKING (STOP LEGEND) 8 EA $531.00 $4,248.00

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 5 of 41 24 840555
12" THERMOPLASTIC

TRAFFIC STRIPE
(CROSSWALK)
682 LF
$14.50 $9,889.00
25 707105 TYPE GO DRAINAGE INLET 4 EA $7,500.00 $30,000.00 26 152439
ADJUST EX. INLET FRAME

AND GRATE TO FINISH
GRADE
1 EA
$740.00 $740.00
27 130150 WATER POLLUTION
CONTROL 1 LS $1,000.00 $1,000.00
28 198051 CONFORM GRADING 1 LS $30,000.00 $30,000.00
29 13673 12" STORM DRAIN PIPE 288 LF $135.00 $38,880.00 30 14563 STORM DRAIN MANHOLE 3 EA $6,400.00 $19,200.00
31 152610 CONNECT TO EXISTING
STORM DRAIN MANHOLE 1 EA $2,700.00 $2,700.00
32 820880 INSTALL SIGN 1 EA $500.00 $500.00
Federal Non-Participating Items
33 12222 ADJUST SEWER MANHOLE
TO GRADE 2 EA $750.00 $1,500.00
34 152403 ADJUST EX. WATER METER
BOX TO GRADE 9 EA $903.00 $8,127.00
35 152410 RELOCATE WATER METER 4 EA $623.00 $2,492.00
36 152402 ADJUST EX. WATER VALVE
COVER TO GRADE 9 EA $825.00 $7,425.00
37 152428 ADJUST EX. FIRE HYDRANT
TO GRADE 3 EA $2,225.00 $6,675.00
38 208690 1.5" PVC IRRIGATION
SIDEWALK CROSSING 72 EA $24.00 $1,728.00
39 641101 3" DUCTILE IRON THRUCURB PIPE 65 LF $53.50 $3,477.50 40 18435 6" DRAIN INLET (INCL.

CONCRETE ENCASEMENT) 1 EA $4,000.00 $4,000.00
Additive Alt #1 $1,096,681.85
Grand Total (Base Bid + Additive Alt #1) = $2,148,211.00

6. Disadvantaged Business Enterprises (“DBE”). The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the City shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown in the special provisions and other contract documents or demonstrate that they made adequate Good Faith Efforts (“GFE”) to meet this goal.

An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 6 of 41 reasonably be expected to meet the DBE goal.

If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (“LAPM”) Chapter 9, Section

9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (“CUCP”) database and possesses the most specific available North American Industry Classification System (“NAICS”) codes and Work Code applicable to the type of work the firm will perform on the contract.

Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.
• The DBE may also lease trucks from a non-DBE firm, including from an owneroperator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 7 of 41 arrangement.
• DBE leases trucks from a non-DBE truck leasing company and uses its own employees as The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the drivers, it is entitled to credit for the total value of these hauling services.
• A lease must indicate that the DBE has exclusive use of and control over the truck.

This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federalaid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’sinterest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 8 of 41 amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors
DBE and non-DBE subcontractors.

The City shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City 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 all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. 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.

E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the City’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the City. Unless the City’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the City:

5. Listed DBE fails or refuses to execute a written contract based on plans and

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 9 of 41 specifications for the project.

6. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.

7. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

8. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

9. Listed DBE's work is unsatisfactory and not in compliance with the contract.

10. Listed DBE is ineligible to work on the project because of suspension or debarment.

11. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

12. Listed DBE voluntarily withdraws with written notice from the Contract.

13. Listed DBE is ineligible to receive credit for the type of work required.

14. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

15. The City determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above.

Simultaneously send a copy of this written notice to the City. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the City by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

3. Submit Contractor’s DBE termination request by written letter to the City and include:
• One or more above listed justifiable reasons along with supporting documentation.
• Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice • The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The City shall respond in writing to Contractor’s DBE termination request within 5 business days.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 10 of 41 Replacement of DBE Subcontractors
After receiving the City’s written authorization of DBE termination request, the Contractor must obtain the City’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the City which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs to use DBE replacement firms within 7 days of City's authorization to terminate the DBE. The Contractor may request the City's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the City may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports the GFE

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 11 of 41 The City shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the City.

F. Commitment and Utilization
The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract.

LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted.

The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the City within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the City will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the City.

The City shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1
st
-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form within 30 days of contract acceptance.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 12 of 41 Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted.

The City releases the withhold upon submission of the completed form.

G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:

No later than the 10th of the month following the month of any payment(s), the Contractor must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the City.

For projects that are awarded on or after September 1, 2023:

Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the City. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

H. Commercially Useful Function
DBEs must perform a commercially useful function (“CUF”) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

The Contractor must provide written notification to the City at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the City the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 13 of 41 • Bills of lading
• Invoices
• Proof of payment
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the City these quarterly evaluations and validations by the 5
th of the month for the previous three (3) months of work.

The Contractor must notify the City immediately if the Contractor believes the DBE may not be performing a CUF.

The City will verify DBE’s performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional City evaluations. The City must evaluate DBEs and their CUF performance throughout the duration of a Contract. The City will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the City must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the City determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.

The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of City’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If the Contractor and/or the City determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The City may deny payment for the noncompliant portion of the work. The City will ask the Contractor to submit a corrective action plan (“CAP”) to the City within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work.

The City has five (5) days to review the CAP in conjunction with the prime contractor’s review.

The Contractor must implement the CAP within five (5) days of the City's approval. The City will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.

I. Use of Joint Checks

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 14 of 41 A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the City for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• City must authorize the request before implementation • Any party to the agreement must provide requested documentation within 10 days of the City's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier
A request for a joint check agreement may be initiated by any party.

If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).

Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.

A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

7. Bid Opening. The City publicly opens and reads bids at the time and place shown on the Notice to Contractors.

8. Bid Rigging. The U.S. Department of Transportation (“DOT”) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

9. Contract Award. If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

10. Contractor License. The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code §10164).

11. Changed Conditions.

A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 15 of 41 unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 16 of 41 perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

12. Beginning of Work, Time of Completion and Liquidated Damages. The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of 60 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City the sum of $1,000.00 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

13. Buy America. Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 17 of 41 application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

3. Glass (including optic glass)

4. Lumber

5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States. Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project

14. Quality Assurance. The City uses a Quality Assurance Program (“QAP”) to ensure a material is produced to comply with the Contract. The City may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

15. Prompt Payment.

A. From the City to the Contractors
The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 18 of 41 both of the following:

1. The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The City must return any payment request deemed improper by the City to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. From the City to the Contractors
For projects awarded on or after September 1, 2023:

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.

16. Required Federal-Aid Contract Language. Caltrans Local Assistance Procedures Manual Exhibit 12-G “Required Federal-Aid Contract Language” including Form FHWA-1273 “Required Contract Provisions Federal-Aid Construction Contracts” is hereby included in its entirety in this Section 16. Should there be any conflict between the Required Federal Aid Contract Language and any other part of this agreement, then the Required Federal Aid Contract Language shall control and prevail.

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17. Female and Minority Goals. To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goal for minority utilization (45 Fed Reg 65984 (10/3/1980)) for Economic Area 178 NonSMSA Counties, including Merced County, is 19.8%.

18. Title VI Assurances. The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 32 of 41 ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federalaid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 33 of 41 and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

19. Prohibition of Certain Telecommunications and Video Surveillance Equipment and Services.

In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.

In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.

20. 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,

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 34 of 41 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.

21. 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: Christopher Hoem, City Manager
City of Atwater
1160 Fifth Street
Atwater, California 95301
If to Contractor: Agee Construction Corporation
P.O Box 629
Clovis, CA 93613
If to Surety: Liberty Mutual Insurance Company

22. 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.

23. 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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 35 of 41 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”).

24. 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 36 of 41 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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 37 of 41 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.

25. 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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 38 of 41 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.

26. 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.

27. 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 39 of 41 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.

28. 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.

29. 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.

17. 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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 40 of 41 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Agee Construction Corporation Page 41 of 41 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 Agee Construction Corporation

By: _______________________________________ By:________________________________________ Christopher Hoem, 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. 20-8 TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification

BID SUMMARY

DOWNTOWN PEDESTRIAN IMPROVEMENTS
PROJECT – PHASE 2
CML-5254(031) and CRP-5254(031)
Project No. 20-8; Bid Call No. 731-25
Bid Opening: February 27,2025; Engineer’s Estimate: $1,969,181 No. Contractor Base Bid Alt #1 Grand Total
Base Bid +Alt #1
1 Agee Construction Co.

P.O Box 629
Clovis, CA 93613-0629
$1,051,529.15 $1,096,681.85 $2,148,211.00
2 United Pavement
Maintenance
P.O Box 1017
Hughson, CA 95326
$807,680.00 $1,403,614.50 $2,211,294.50
3 FBD Vanguard
Construction, Inc.
550 Greenville Road
Livermore, CA 94550
$946,639.64 $1,293,210.36 $2,239,850.00
4 TBS Contractors
1605 E. Gerad Ave.

Merced, CA 95341
$837,673.95 $1,415,142.13 $2,252,816.08
5 Cal Valley Construction
5125 N. Gates Ave.,
Suite 102
Fresno, CA 93722
$1,046,778.00 $1,411,460.25 $2,458,238.25
6 Harris Development
Corp.
1840 Shaw Ave.

Ste. 105-08
Clovis, CA 93611
$1,004,038.07 $1,610,628.73 $2,614,666.80
7 George Reed, Inc.

P.O Box 4760
Modesto, CA 95352
$1,649,192.00 $1,834,154.00 $3,483,346.00
8 Zara Construction Inc.
2343 Donner Pass Ave.

Sacramento, CA 95835
$1,372,024.00 $2,212,486.00 $3,584,510.00

ANNUAL REPORT
2024
Atwater Police Department

TABLE OF CONTENTS
MISSION STATEMENT___________________________________________________________________________________________3 CHIEF’S MESSAGE _______________________________________________________________________________________________4 CALLS FOR SERVICE STATISTICS:______________________________________________________________________________8 CRIME STATISTICS ______________________________________________________________________________________________9 ANIMAL CONTROL STATISTICS_______________________________________________________________________________10 SCHOOL RESOURCE OFFICER PROGRAM ____________________________________________________________________10 CODE ENFORCEMENT _________________________________________________________________________________________11 TRAFFIC ACCIDENT STATISTICS _____________________________________________________________________________11 DEPARTMENT GOALS _________________________________________________________________________________________12 REFERENCES ___________________________________________________________________________________________________12

MISSION STATEMENT
Our mission is to maintain peace and order through the provision of police services that are of the highest quality and responsive to the needs of the community. We strive to contribute to a wholesome community environment in which individuals may work, play, prosper, raise families, and otherwise pursue their legitimate goals without fear of criminal or civil disorder.

VALUES STATEMENT

1. Dedication to timely, excellent, and efficient service to the community.

2. Honest and ethical behavior by the members of this agency.

3. Being the best that we can be.

4. Innovative, creative, and proactive approaches in meeting the demands of our animal control, crime prevention and law enforcement responsibilities.

5. The need to engage in strategic and future planning and to keep abreast of the latest in law enforcement technology and techniques.

6. Sensitivity is the key quality that we should bring to our interaction with the public and other agencies in the criminal justice system with whom we interact.

CHIEF’S MESSAGE
It is a privilege and an honor to present this annual report of the activities of the Atwater Police Department during the Calendar Year 2024. Although I wasn’t here for most of 2024, I am happy to present this report with important information regarding the activities of the department over the last year.

I look forward to a productive 2025.

Respectfully Submitted.

Richard McEachin
Chief of Police
April 14, 2025

STATE OF THE DEPARTMENT
The Atwater Police Department is a full-service law enforcement agency conducting operations 24 hours a day, 365 days per year. The Department has units providing services in animal control, code enforcement, records, investigations, and general law enforcement to a population of approximately 32,000 residents. The Police Department provides primary 911 communications responsibilities for the City of Atwater.

The FY 2024-2025 budget currently funds twenty-six sworn officers including the Chief. The ratio of funded sworn personnel to population is .81 officers per one thousand residents. This is less than the statewide rate of 2.2 officers per thousand population. (FBI, 2022) The status of personnel is always a concern facing the Department, as the Department saw some turnover this year.

To support sworn operations, the Department employs a mixture of part-time and full-time civilian positions.

The non-sworn positions provide Dispatch, Clerical, Evidence and Animal Control services. The non-sworn staff currently sits at fourteen members. At the end of 2024, two dispatcher positions were vacant.

Budget:

The Police Department is a General Fund Department. The adopted FY 24-25 budget of the Police Department in the General Fund is 6.8 million dollars. This constitutes 33% of the City’s General Fund Budget. The total Police Department budget is 9.7 million dollars.

Revenues to support law enforcement activities come from a variety of sources. In 2022, the residents of Atwater passed “Measure B” a one cent Sales Tax Measure to enhance public safety. The Police Department was allocated 2.2 million dollars of the proceeds of this dedicated sales tax in FY 2024/25. The Department also receives approx. $700,000 in resources from a Community Facilities District, various grant programs, and the Merced County abandoned vehicle program. The Department continued its partnership with the Atwater Elementary School District and deployed an officer to service the District with partial offsetting revenue from the district. The Department participates in several grant programs to provide needed equipment. Justice Assistance Grants and Body Armor funding from the Federal Government are used on a yearly basis.

The Department continues to emphasize budget management looking for any cost savings available to provide diverse service to the community.

The Department’s organizational structure changed slightly during 2024. Dispatch and Records now have independent supervisors for each division, rather than one supervisor over both divisions as in the past.

Additionally, an Administrative Assistant position was implemented. The Administrative Assistant position was converted into an Executive Assistant position at the mid-year budget meeting on February 24, 2025. The Department’s organizational chart is on the following page.

Facilities:

The Police Department is located at 750 Bellevue Road. This facility was constructed in 1966 and houses a 911 communications center, records, patrol operations, animal control, administration, investigations, and code enforcement. With the anticipated relocation of the Finance Department to a building downtown, the Police Department footprint will grow into the area currently occupied by the Finance Department in 2025. This will help provide more adequate space for the personnel within the Police Department.

The building is still 50+ years old and needs significant modernization to allow for the Police Department to effectively use the additional space allocated by the relocation of other city staff over the past few years. This needed renovation allows time for the Department to participate in the Public Safety master planning process.

This process will identify the deficiencies in the current facility, document the need for a facility that meets all applicable standards, produces a document that would be the basis for the identification of funding sources, and allows for a road map for the community to identify future priorities.

Another facilities project that was started in 2023 and completed in 2024 was the electric vehicle charging station project at headquarters. In partnership with PG&E and Public Works, the Department constructed a vehicle charging depot inside the secure parking lot. This services the Department’s growing fleet of plug-in hybrid and battery electric vehicles.

Atwater PoliceDepartment
Chief of Police
Lieutenant
Sergeant
Investigations
Sergeant
Patrol Shift
Fleet
Sergeant
Patrol shift
Training
Sergeant
Patrol shift
Evidence
Sergeant
Patrol shift
Scheduling
Records Supervisor
Records
Dispatch Supervisor
Dispatch
Code Enforcement
Manager
Code Enforcement
Community/Animal
Services
Executive Assistant

Fleet:

The Police Department uses a mixture of unmarked and marked vehicles to accomplish its various missions.

At the beginning of the year, there were 30 vehicles in the Department’s fleet. The average age of fleet assets was 7 years. In 2024, the Department added 2 Dodge Chargers to its patrol fleet.

The replacement of fleet assets will continue to be a challenge for the Department going forward. The supply chain issues still plague the acquisition of police vehicles and their equipment. The Department will be working with Enterprise Fleet Management to acquire more vehicles to replace the oldest vehicles in the fleet that have reached or exceeded their life expectancy.

Other Equipment:

The Police Department possesses a wide range of equipment to fulfill its mission. It has a wide enough variety of equipment to accomplish almost any task needed. During 2024, the Department replaced its handheld portable radios to bring them in line with current technology. The Department also implemented in-car dash cameras with Automated License Plate Reader (ALPR) technology into all patrol cars. New cell phones were purchased for all patrol staff in order to interface with the eCitation system now being utilized in the field as a replacement to hand-written paper citations.

The Department has perfected the process of inventory control to track the purchase, depreciation, and replacement of Department Equipment. This process has allowed the Department to purchase needed equipment in time to further the Department’s mission.

CALLS FOR SERVICE STATISTICS:

The best way to analyze the activity of the Police Department is using raw calls for service data. This data over time shows both activities generated by the public and activity generated by preventative patrol measures. In 2022 the Department managed 25,499 calls for service. In 2023 the Department managed 28,208 calls for service. In 2024 the Department managed 38,384 calls for service. The 2024 calls for service numbers represent a 36% increase over 2023. The continued growth in the community and the continued growth of the citizen online portal assisted in the increase. The following charts and tables break down the comparison by year and by priority. Priority one calls are considered emergencies and should be dispatched within a 3- minute period. Priority two calls are where most citizen-initiated activity is found. Priority three calls are mostly officer initiated.

CALLS FOR SERVICE STATISTICS
2022 2023 2024
Priority 1 741 694 771
Priority 2 5878 5280 4985
Priority 3 18880 22233 32607
Non Classified 0 1 21
Totals 25499 28208 38384

CRIME STATISTICS
Atwater PD in 2021 made the commitment to begin the conversion to the California Incident-Based Reporting System (CIBRS) with the upgrade of its records management system. In 2022, the Department began to collect data. The data collected is based around the call for service and not the crime type. This data collection method can show numbers that are elevated and make it appear as if there is more criminal activity than is occurring.

Below is a table documenting the Department’s 2024 CIBRS data.

The number of reported property crimes represents 55% of the number of reportable crimes to the Police Department and the majority share of the CIBRS Statistics. While homicides were down from 5 in 2023 to 2 in 2024, overall crimes against persons were up 8.0%. Property crimes were down 9.5% from 2023.

The Department has taken an aggressive stance to address these numbers. Besides proactive patrol and apprehension activities, the Department has conducted operations that have targeted gang members, persons on probation and persons on parole.

ANIMAL CONTROL STATISTICS
The Atwater Police Department is responsible for the animal control function for the city. Captured animals are housed at an animal control facility owned and operated by the Merced County Sheriff’s Office. By contract, the County shelters captured animals and collects fees, fines, and forfeitures for the Police Department Regarding animal control equipment, the unit has received an influx of new equipment. In August 2023, the battery electric pickup was received and was placed into service. This vehicle has proved to be a capable and cost-effective piece of equipment. This unit has addressed some of its non-vehicle equipment needs and is on a stable equipment replacement plan.

Regarding calls for service: The Unit handled 1129 animal control calls for service for 2024. That averages to be 3.1 calls per day. 77.4% of calls for service on average ended in some sort of enforcement action by Animal Control Officers. The other 22.6% of the calls received by the Department were either cancelled by the caller, the animal was unable to be located, or we were returning animals to their owners.

SCHOOL RESOURCE OFFICER PROGRAM
The Department renewed a partnership with the Atwater Elementary School District to provide law enforcement services to all the Elementary School Sites for the 22/23 school year. Some of the services provided to the district are:

1. Criminal Investigations

2. Outreach to Students

3. School Safety Presentations

4. Traffic and Patrol functions around the schools
This partnership has continued into the 24/25 school year with district and department collaboration on several infrastructure projects to make the sites, students, and staff safer.

For the calendar year 2024, the SRO’s Statistics were as follows:

Calls for Service: 634
Traffic Stops: 39
Reports Taken: 68
Citations Issued: 7
Arrests Made: 13

CODE ENFORCEMENT
The Atwater Police Department oversees the responsibilities of Code Enforcement for the City. Responsibilities of blight enforcement, city ordinance enforcement, home encampment monitoring, shopping cart abatement and abandoned vehicle enforcement were consolidated in this unit. The unit handled approx. 1102 calls for service regarding a variety of blight issues. The Unit issued 876 notices and citations to violators.

The unit also handled 346 abandoned vehicle calls, up from 272 in 2023. These generated 55 reports with 51 vehicles stored. These activities are a valuable revenue source that offsets the cost of providing the service.

The unit also provided service in the following areas:

1. Daily citizen phone calls for information, explanation, or direction for non-cases.

2. Generation of new documents, innovative programs, and processes for the Code Enforcement program.

3. Misc. meetings with Building, Planning, and various City of Atwater Departments for projects.

4. Displaced Citizen monitoring, contact and data collection.

TRAFFIC ACCIDENT STATISTICS
The Atwater Police Department is responsible for traffic enforcement for the City of Atwater. Besides the common writing of citations for traffic violations, the Department responds to and investigates all the traffic accidents that occur in the city. In 2024, the total number of traffic accidents investigated was 367. This was a slight increase from the 351 in 2023. The number of injury vehicle accidents decreased from 41 in 2023 to 22 in 2024. Unfortunately, the Department investigated two fatal traffic collisions that cost three lives.

Reasons for the continued decline in injury traffic accidents all revolve around the effects of increased public awareness and traffic enforcement. The major cause of accidents are unsafe speed, inattention, and failure to follow posted traffic signs.

DEPARTMENT GOALS
The Department has several goals for 2025. Fundamental changes are occurring to the profession that will redefine what law enforcement is and how its effectiveness is measured.

The Police Department strives to be a rewarding place to work, in an effort to retain our existing staff and to attract candidates to fill future vacancies. We strive to give our staff the tools they need to effectively do their job, and we are receptive to the wellness of all of our members.

The Department continues a 2022-2024 goal to propose and complete construction infrastructure projects during 2025 that will allow the Department to efficiently function and expand to meet the needs of the community. With the Finance Department relocating to the new Civic 2 building, the Police Department will move in to the vacated space. This will help create more workspace for department staff to be able to conduct business more efficiently. It will also facilitate an enhanced experience for the public by moving the Police Department customer service desk (Records) to the main window where members of the public first enter the building.

The Atwater Police Department plans to implement a Traffic Safety division in 2025. This will allow for a better focus on traffic-related issues throughout the City.

The Department will continue to look for other areas of needed growth in order to continue to provide the level of service that the community expects and deserves.

To achieve these goals and meet other unexpected challenges, the Atwater Police Department continues to be efficient with City funds, working with the community to solve problems, and ensuring that it is prepared to provide the finest service to the residents and visitors to the City of Atwater.

REFERENCES
FBI. (2022). Crime in the United States. Washington DC: FBI.

Atwater City Fire Department

ANNUAL REPORT
2024

ATWATER CITY FIRE

DEPARTMENT WOULD LIKE

TO THANK THE CITY OF

ATWATER, CALIFORNIA FOR

THEIR UNCONDITIONAL
SUPPORT THROUGHOUT 2024
AND MANY YEARS TO COME.

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https://www.atwater.org/departments/fire/

Table of
Contents

MISSION

STATEMENT
1 OBJECTIVES
2 ACCOMPLISHMENTS
& GOALS
3 COMMUNITY RISK

REDUCTION
12 FIRE FIGHTER OF

THE YEAR
4 FIRE STATIONS
13 - 14
CHIEFS
5 - 8

ANNUAL CALL
STATUS
20 STATION

PERSONNEL
9 - 11

APPARATUS
15 - 17

FIRE TRAINING &

RESERVE PROGRAM
18 RESPONSE PLANS
19 IN THE

COMMUNITY
21-24

MISSION

STATEMENT
The primary mission of the Atwater City Fire Department is to provide a range of services and programs aimed towards protecting the lives and property of the citizens of Atwater City and the surrounding communities from the adverse effects of fires, medical emergencies, exposure to hazardous materials, and or other dangerous conditions as an all risk emergency response department.

These programs include comprehensive fire protection planning, fire suppression, emergency medical response, rescue, hazardous materials response, fire prevention and education, as well as fire code enforcement. The Atwater City Fire Department also provides mutual and automatic aid to neighboring agencies while being part of the statewide fire rescue mutual aid system. 1

2 Provide efficient levels of fire protection services to the citizens of Atwater. Encourage the continuance of
the existing contractual arrangement between the City
of Atwater and the California Department of Forestry
and Fire Protection for cooperative fire protection
services.

Continue to bring forward recommendations for the
Department’s facilities, personnel, and technology as
required to meet the changing conditions and
increased demands for services.

Maintain and manage fire impact fees in order to
provide a supplemental source of funding for capital
equipment. This will allow the Atwater Fire
Department to expand fire protection service into
areas of significant new growth as the need arises and
keep equipment up to date to meet the ever changing
all risk emergency response environment.

Seek opportunities, where feasible, to conduct joint
operations, share responsibilities, or construct joint
facilities with municipalities in order to avoid
duplication of effort or cost in the provision of basic fire protection services. Pursue meaningful automatic
and mutual aid agreements with other adjoining fire
entities.

Continue to update the Atwater Fire Department’s
Master Plan with guidance from the Atwater City
Council and members of City Staff.

Pursue grant funding through local, State and Federal
agencies to obtain needed support for various
programs.

OBJECTIVES

3 2025 GOALS
Outfitted two new Command Vehicles and put them in service Ordered new Type I fire engine
Supported state mission incidents by sending equipment out of county and accruing additional revenue for the City
Received new grant funded Self Contained Breathing Apparatus' (SCBAs) and placed them in service
Progression made on Public Safety Master Plan
Expansion of annual ladder truck academy
Remain heavily involved in public education
Outfit and put new Type VI fire engine in service
Completion and adoption of Public Safety Master Plan
Continue to expand supporting state mission by sending fire apparatus out of county and bring additional revenue into the City.

Progress with Station 41 Improvements/Bathroom/ADA
project
Maintain interagency relations with neighboring entities 2024 ACCOMPLISHMENTS

FF Taylor Holden
4 Fire Fighter of the Year

MIKE VAN LOBEN SELS
Fire Chief
5 As the Chief of Atwater City Fire Department, I am privileged to share this year’s annual report, a reflection of our department’s dedication to service amid both challenges and achievements.

This year has brought hurdles, yet it has also been a year of considerable progress and resilience.

Despite facing some adversity, we have strengthened our operational readiness and continue to serve our community with the highest standards of safety and commitment. Despite these constraints, we have continued to maintain our three personnel on duty 24 hours a day, seven days a week, at our stations. This has not only improved our response capabilities over the last year and a half, but has also enhanced safety for our firefighters and the community we serve.

In addition to these operational improvements, we are proud to announce the expansion of our training center, which is a vital asset for advancing the skills and readiness of our team. The expansion enables us to conduct more in-depth training across various scenarios, improving our preparedness for complex incidents. Our ongoing integration with CAL FIRE continues to bring positive changes that will have lasting impacts on our department and the community. This partnership has strengthened our operational capabilities, provided greater access to resources, and created more opportunities for shared knowledge and development. Despite the challenges, our commitment to Atwater City remains the same: to protect and serve. We are dedicated to meeting each challenge with determination, embracing each opportunity for growth, and continuing to serve Atwater City with integrity and professionalism. Thank you for your support as we work together to build a safer, stronger Atwater City.

Mike Van Loben Sels

Mark Pimentel 6

MARK PIMENTEL
Assistant Fire Chief
As someone that was raised in Merced County, where my family lives and my kids are growing up, my commitment to the Atwater City Fire Department goes beyond a job title—it’s a promise to protect and serve the place we all call home. Every decision we make reflects the responsibility I feel toward my neighbors, friends, and family who rely on us every day. Completing my fourth year in this role, I’m proud to say that each year we’ve set higher goals and achieved them together. My dedication to this department and to our shared mission pushes me to continually move us forward, providing the protection, care, and response that our community deserves.

Fiscal responsibility is a priority, and we’re committed to managing our budget carefully, finding thoughtful solutions, and building partnerships that strengthen both our department and the community we’re here to serve.

This year has not been without its challenges. Knowing how much our decisions affect the community, we always approach each one thoughtfully, with a genuine sense of responsibility.

Even in the face of this year's challenges, our commitment to serving Atwater City and supporting our community has only grown stronger. We are committed to finding new, resourceful ways to achieve our goals responsibly, allowing us to strengthen our mission and better serve Atwater City both now and for the future. Each year, I am inspired by the dedication of our team and the support of our county staff, community partners, and residents, which have led to successes that far outweigh the challenges. Your trust in us fuels our commitment to constantly improve and serve with genuine dedication.

7 BOBBY AYUSO
Battalion Chief - Operations
Bobby Ayuso
Bobby Ayuso was appointed as the Atwater City
Fire Battalion Chief in January 2021. He is the
6th Battalion Chief since Atwater City entered
into an agreement with CAL FIRE in 2008.

Under the leadership of Fire Chief Mike van
Loben Sels and Assistant Chief Mark Pimentel,
Chief Ayuso oversees the operations of the
Atwater Fire Department. He manages two fire
stations, a fleet of four fire apparatus, and a
dedicated team of 18 professional firefighters,
along with one reserve firefighter.

Chief Ayuso leads Battalion 14, which spans
approximately six square miles. Due to its
strategic location, the Battalion frequently assists
Merced County through automatic and mutual
aid agreements. It is also responsible for
protecting a section of State Highway 99 and
two major railways—Union Pacific and Santa
Fe Railroad.

In addition to his responsibilities within the City, Chief Ayuso plays a critical role in the Madera-Mariposa-Merced Unit’s scheduling program, managing all Battalion Chief scheduling for the Merced Division. He also oversees several key programs within his Battalion, including the unit-wide ladder truck program, social media engagement, the Every 15 Minutes high school program, training, pre-plans, Insurance Services Office (ISO) reviews, ladder testing, and more.

With over ten years of service in the Atwater Fire Department, Chief Ayuso has also worked at several other Merced County stations. As a local resident, his deep connections with the community are reflected in the strong relationships he has built in Atwater. He considers it a privilege to serve the city he calls home.

Outside of work, Bobby enjoys camping, riding motorcycles and off-road vehicles, and spending quality time with his family and friends. He receives steadfast support from his wife, Kylie, of 13 years, and their two children, Makennah (14) and Cayden (11).

ROBERT CARVALHO
Battalion Chief - Fire Marshal
Robert Carvalho
Meet Battalion Chief Robert Carvalho, with 24
years of fire service experience and currently
assigned as the Fire Marshal for the City of
Atwater. Dedicated to public safety, Robert
oversees fire protection planning, hydrant
maintenance, weed abatement, and specialized
safety systems. Collaborating with City Council
Members, the Planning & Building Department,
and developers, he ensures safety remains a key
priority in Atwater's growth. His responsibilities
also include enforcing fire codes, inspecting
schools, businesses, and public assemblies, and
serving as a Public Information Officer during
emergencies.

Robert managed engine and truck operations at various stations. He outfitted new fire engines and command vehicles for Battalion Chiefs at the Merced County Fire Shop. He was assigned as the Administrative Captain at Mt. Bullion CDCR Camp and Deputy Director of Administration for Merced County OES, coordinating emergency operations. In 2023, Robert was promoted to Battalion Chief of Communications at CAL FIRE Headquarters in Sacramento, where he acted as a department spokesperson and built strong relationships with stakeholders, media representatives, and the community. Additionally, he serves as the Lead Public Information Officer on CAL FIRE Incident Management Team 6.

Beyond his operational roles, Robert oversees the Unit's Peer Support team, supports Critical Incident Stress Management (CISM), serves as a State Fire Marshal and CSTI Outreach Instructor, and is a Cadre Member for Public Information Officer Classes. Off duty, Robert cherishes time with his wife of 20 years, Liz, and their children, Juliana (15) and Jackson (11).

He gives back to the community as a youth football coach, volunteers for Portuguese cultural events, and enjoys camping and riding his Harley.

Robert began as a Merced County Paid Call
Firefighter, advancing to Firefighter - Fire
Captain with CAL FIRE/Merced County Fire
Department. He currently serves as a Merced
County Hazmat Team member and contributed
to firefighter training.
8

Armando Aguilar
Captain
Station 42
Josh Anderson
Captain
Station 42
Matt Bernard
Captain
Station 41
Mike Perez
Captain
Station 41
Daniel Webb
Captain
Relief
Marc Wong
Captain
Relief

CAPTAINS
9

Matt Gomes
Engineer
Relief
Richard Heilmann
Engineer
Relief
Donovan Iverson
Engineer
Station 41
Erik Long
Engineer
Station 42
Julio Maldonado
Engineer
Station 42
Brock Pisacco
Engineer
Station 41

ENGINEERS
10

Taylor Holden
Firefighter II
Station 41
Marco Meraz
Firefighter II
Relief
Daniel Reyes
Firefighter II
Station 42
Madalyn Schiffel
Firefighter II
Station 41
Nicholas Wong
Firefighter II
Station 42
Jennifer Espinosa
Office Technician

FIRE FIGHTERS
11

Fire Safety Inspections

COMMUNITY RISK REDUCTION
City of Atwater S/B 1205 Fire Inspection Compliance Report Calendar Year 2024

APARTMENTS
Total Apartments – 221
Completed in 2024 – 221
Percentage – 100%
Compliance – 205

SCHOOLS
Total Schools – 15
Completed in 2024 – 15
Percentage – 100%
Compliance – 15

ASSEMBLIES
Total Assemblies – 21
Completed in 2024 – 21
Percentage – 100%
Compliance – 21
HOTELS
Total Hotels - 2
Completed in 2024 - 2
Percentage – 100%
Compliance – 2
Businesses – 192
Weed Abatement – 116 12

STATION 41
Daily Staffing: 1 Fire Captain, 1 Fire Apparatus Engineer and 1 Firefighter Assigned Apparatus:

Battalion 14
Engine 41
Engine 241 (Reserve Engine)
Utility 41
Air Supply Fill Station Trailer
Training Trailer
Public Education Trailer
Initial Response Area: 3.6 sq. mi of West Atwater
Accommodations:

Battalion Chief 14 Office,
Headquarters Station for Atwater
City Fire, Antique Fire Engines
Display, Radio Supply, Rehab
Supply, Breathing Support for the
City
13

Accommodations:

Training grounds and class room
for Atwater City Fire Fighter
Reserve program, SCBA Testing
and Service Station, PPE
Supply/Decontamination and
Service Station, Fire
Administration Offices
Daily Staffing: 1 Fire Captain, 1 Fire Apparatus Engineer and 1 Firefighter Initial Response Area: 3.0 sq. mi of East Atwater
Assigned Apparatus:

Battalion 24
Truck 42
Engine 42
Utility 42
Admin 14
14 STATION 42

Daniel Reyes
Firefighter II
Station 42

APPARATUS
Battalion 14
2023 Chevy Silverado
Engine 41
2020 Rosenbauer
Engine 241
1999 Spartan
Utility 41
2017 Chevy Silverado
15

Daniel Reyes
Firefighter II
Station 42

APPARATUS
Battalion 24
2023 Chevy Silverado
Truck 42
2014 Rosenbauer
Engine 42
2010 Ferrara Fire
Apparatus
Utility 42
2017 Chevy Silverado
16

APPARATUS
Type VI Engine
5500 Dodge Ram Crew
Cab
Coming Soon to Atwater City 2025
17

Lead host of:
×Advanced Wildland Firefighter
×Aerial Apparatus Operations
×Auto Extrication
×Big Rig & Mass Transit Rescue
×Cardiopulmonary Resuscitation
×City and County EMS/CPR Instructor
×Confined Space Rescue Operations
×Emergency Medical Technician
×Fire Command 1A & 1B
×Fire Control 3 Structural Firefighting
×Fire Control 5 Aircraft Rescue
×Fire Management
×Fire Prevention 1A & 1B
×Firefighter II On Boarding
×Firefighting Rescue Systems 1 & 2
×Hazardous Materials Decontamination
×Hazardous Materials Operations
×Hazardous Materials Specialist
×High Angle Rope Rescue
×Intermediate Firing Methods
×Low Angle Rope Rescue
×Lucas Chest Compression Device
×Rapid Intervention Crew Tactics
×Rope Rescue Technician
×Structural Ventilation Operations
×Trench Rescue
The environment of public safety changes
daily which is why Atwater City Fire
Department is committed to making every
day a training day. We are dedicated to
training the personnel to meet all current
professional standards of our industry.

FIRE TRAINING &

RESERVE PROGRAM
18

16 Atwater City Fire Department’s response
plan provides a list of equipment and
appropriate personnel that will be deployed
when a particular type of an emergency is
called. Atwater City Fire Department’s
priority in an emergency situation is to save
lives, minimize injuries and reduce damage
to property

RESPONSE
PLANS
19

PERCENTAGE OF CALLS RECEIVED FOR THE YEAR OF 2024

ANNUAL CALL STATUS
7 TOTAL CALLS: 4,465
20

The Atwater City Firefighters play a vital role in
strengthening community bonds by actively
participating in local events, such as the annual
Fire & Police Toy Drive and Tri-Tip Dinner. In
addition to their community engagement, they are
committed to educating the public and promoting
fire safety awareness.

In the
Community

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