Atwater City Council
June 9, 2025

City of Atwater
Fiscal Year 2025-26 Budget
60 GAS TAX / STREET IMPROVEMENT FUND
Overview
Under the Direction of the Public Works Director, the Public Works Streets Division oversees the operation, maintenance and safety of streets, street signage, public parking lots, medians, sidewalks, maintain traffic control devices, street pavement markers, traffic lane delineation, signing, street lighting and traffic signals. The Streets Division also abates weeds in street and alley rights-of-way and promotes safe work practices and conditions on the City’s Streets. Additionally, the Streets Division is responsible for the maintenance and care of the trees that exist within the City’s Urban Forestry Plan.

Objectives
● Provide maintenance of City's streets, alley ways, sidewalks, and parking lots. ● Provide maintenance and repair of City maintained street lighting. ● Insuring clean and safe city streets.
● Respond and assist in the emergency needs of Police and Fire Services: traffic control, road closures, barricades, etc.
● Respond and assist in the emergency needs of Public Works: flooding, signals, etc.

Revenues:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1011-0000-3140 Gas Tax 2103 $ 288,827 $ 293,870 $ 297,408 1011-0000-3141 Gas Tax 2105 $ 192,616 $ 200,592 $ 205,264 1011-0000-3142 Gas Tax 2106 $ 92,786 $ 94,088 $ 96,578
1011-0000-3143 Gas Tax 2107 $ 260,723 $ 273,698 $ 279,863 1011-0000-3144 Gas Tax 2107.5 $ 6,000 $ 6,000 $ 6,000
1011-0000-4140 Admin Fees, General Fund - Salary Alloc. $ 74,041 $ 74,041 $ 80,652 1011-0000-4145 Admin Fees, Maintenance Dist - Salary Alloc. $ 16,453 $ 16,453 $ 17,923 1011-0000-4024 Traffic Engineering Plan Check $ 15,319 $ 5,000 $ 5,000 1011-0000-6001 Interest Earned $ - $ - $ -
1011-0000-6091 Other Revenue $ 4,853 $ - $ -
1011-0000-8001 Trn Fr General Fund $ 481,500 $ 526,575 $ 512,728 Total Revenues $ 1,433,118 $ 1,490,317 $ 1,501,415

City of Atwater
Fiscal Year 2025-26 Budget
61 GAS TAX/STREET IMPROVEMENT FUND
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
1011-3033-1001 Salaries & Wages, Regular $ 241,698 $ 258,628 273,422 Street and Parks Division Supervisor $ 86,088
Streets Maint Worker II $ 53,774
Streets Maint Worker I $ 44,484
Streets Maint Worker I $ 46,709
Streets Maint Worker I $ 42,367
1011-3033-1002 Salaries & Wages, Parttime $ 10,617 $ 20,103 18,623 Streets Maint Worker I
1011-3033-1003 Leave Accrual Buy-Out $ 3,722 $ 7,258 8,002 1011-3033-1004 Overtime $ 10,681 $ 14,000 14,700
1011-3033-1006 Stand By Pay $ 12,454 $ 14,000 14,000
1011-3033-1008 In-Lieu Of Insurance Benefit $ 2,400 $ 7,200 - 1011-3033-1012 Fica/Medicare $ 20,372 $ 24,571 25,149
1011-3033-1013 Retirement $ 111,106 $ 91,715 98,859
1011-3033-1014 Health Insurance $ 50,533 $ 56,547 92,298 1011-3033-1015 Worker's Compensation $ 21,018 $ 23,795 24,259 1011-3033-2020 Office Supplies $ - $ -
1011-3033-2021 Special Departmental Expense $ 151,468 $ 184,900 194,150 Concrete $ 68,250
Misc Bolts/Nuts $ 1,315
Weed Spray $ 4,200
Paint and Bead for Roadway Painting $ 26,250
Ant Control/Bait $ 525
Form Materials $ 3,150
Base Rock $ 5,250
Signal Lights/Street Signs $ 26,250
Small Equipment Parts/Supplies $ 52,500
Absorbent for Oil/Gas Spills $ 525
First Aid Supplies $ 160
Barricades/Batteries/Photo Cells/Cones $ 3,675
Speaking Crosswalks for Visually Impaired $ 2,100
1011-3033-2023 Small Tools $ 16,232 $ 19,500 19,500
Gas Powered Tools $ 8,000
Power Hand Tools $ 6,000
Shovels/Rakes/Brooms $ 5,500
1011-3033-2024 Uniform & Clothing Expense $ 3,626 $ 7,000 7,000 Safety Gear/Gloves/PPE
1011-3033-3001 City Administration Fees $ 114,255 $ 131,309 127,342

City of Atwater
Fiscal Year 2025-26 Budget
62 GAS TAX/STREET IMPROVEMENT FUND (cont.)
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
1011-3033-3030 Professional Services $ 118,398 $ 183,300 162,165 Fire Extinguishers $ 1,890
Small Equipment Repairs $ 5,250
Street Tree Removal/Trimming $ 42,000
Signal Light Repairs $ 42,000
Traffic Engineer $ 60,000
Graffiti Removal $ 4,200
DOT Drug Screening/Physicals $ 525
Hazardous Waste Disposal $ 1,050
Tipping Fees $ 5,250
1011-3033-3031 Communications $ 3,256 $ 4,000 4,000
Cell Phone
1011-3033-3032 Utilities $ 219,503 $ 225,000 225,000
1011-3033-3034 Rents & Leases $ - $ 500 500
Trailer/Man Lift Rentals
1011-3033-3038 Training $ 804 $ 3,100 1,100
Drug & Alcohol Awareness
Misc Training
1011-3033-4041 Equipment Maint. Charges $ 23,800 $ 23,800 24,290 1011-3033-4045 Building Maint. Charges $ 32,462 $ 29,972 28,560 1011-3033-4088 Risk Management Charges $ 48,616 $ 62,675 66,151 1011-3033-4089 Employee Benefits Charges $ 56,836 $ 63,092 72,548 1011-3033-6021 Machinery & Equipment $ 52,918 $ 34,000 - Service Truck
Total Expenditures $ 1,326,775 $ 1,489,965 $ 1,501,617

City of Atwater
Fiscal Year 2025-26 Budget
63 LOCAL TRANSPORTATION FUND
Overview
Capital project costs associated with traffic safety improvements are funded from the Local Transportation Fund.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1013-0000-3145 Local Transportation $ 377,505
1013-0000-3148 Covid Resp/Relief Supp App Act
1013-0000-4008 Bridge Widening $ 1,277
1013-0000-6001 Interest Earned $ 18,750 $ 1,000
Total Revenues $ 397,532 $ - $ 1,000
1013-1080-M007 Fruitland Ave Rd Improvements $ - $ 164,458 $ 164,458 1013-1080-P004 Atw Blvd & First St Signal $ 238,043
1013-1080-T004 LTF-Laurel Area Sdwlk Imp Proj $ -
1013-1080-X014 Olive Avenue Overlay $ - $ 230,370 $ 230,370 Total Expenditures $ 238,043 $ 394,828 $ 394,828

City of Atwater
Fiscal Year 2025-26 Budget
64 TRAFFIC CIRCULATION FUND
Overview
Capital project costs associated with traffic safety improvements are funded from the Traffic Circulation Fund.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1015-0000-1075 Traffic Circulation Tax $ 10,257 $ - $ 4,676 1015-0000-4092 Avenue One Traffic Signal $ 371 $ - $ 2,601 1015-0000-4093 Signal @ Commerce/Applegate $ -
1015-0000-4094 Signal @ Bell Dr $ -
1015-0000-4096 Applegate Traffic Signal $ -
1015-0000-6001 Interest Earned $ 39,963 $ - $ 1,000
1015-0000-6024 Traffic Signals & Opticons $ 829 $ - $ 399 Total Revenues $ 51,420 $ - $ 8,676
1015-1080-L001 Traffic Signal Synchronization $ -
1015-1080-U003 Winton Way & Bellevue Signal $ -
1015-1080-X008 Traffic Signal at Juniper Ave & Bridgewater St. $ - $ - $ 184,000 Total Expenditures $ - $ - $ 184,000

City of Atwater
Fiscal Year 2025-26 Budget
65 RSTP – REGIONAL SURFACE TRANSPORTATION PROGRAM FUND
Overview
The Regional Surface Transportation Program (RSTP) was established by California State Statute utilizing Surface Transportation Block Grant Program (STBGP) funds that are identified in Section 133 of Title 23 of the United States Code. This program promotes flexibility in State and local transportation decisions and provides flexible funding to best address State and local transportation needs.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1017-0000-3147 RSTP Exchange $ 437,727 $ 444,743
1017-0000-6001 Interest Earned $ 69,980 $ 5,000 $ 5,000 Total Revenues $ 507,707 $ 449,743 $ 5,000
1017-1080-L001 Traffic Signal Synchronization $ - $ -
1017-1080-M007 Fruitland Ave. Rd Improvements $ - $ 2,230,350 $ 2,230,350 1017-1080-P004 Atwater Blvd. & First St. Signal $ 367,100 $ - 1017-1080-V003 Ace Train Platform $ 30,582 $ 487,861
1017-1080-X014 Olive Avenue Overlay $ 200,000 $ 200,000 Total Expenditures $ 397,682 $ 2,918,211 $ 2,430,350

City of Atwater
Fiscal Year 2025-26 Budget
66 SB 1 - ROAD MAINTENANCE AND REHABILITATION RMRA
FUND
Overview
Senate Bill (SB) 1, Chapter 5, Statutes of 2017, created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System and the local street and road system, and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program. A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. Expenditure authority for RMRA funding is governed by Article XIX of the California Constitution; Revenue and Taxation Code, Division 2, Part 5, Chapter 6, section 11051; and Streets and Highways Code, Chapter 2, Division 3, section 2030 (b). Program requirements include Streets and Highways Code sections 2034, 2036, 2037, and 2038.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1018-0000-3139 SB1 $ 819,368 $ 801,841 $ 860,088
1018-0000-6001 Interest Earned $ 60,277 $ - $ 5,000
Total Revenues $ 879,645 $ 801,841 $ 865,088
1018-1080-M007 Fruitland Ave Rd Improvements $ 138,097 $ 2,447,653 1018-1080-P004 Atw Blvd & First St Signal $ 275,000 $ - 1018-1080-U004 Phase 1 Ped Imp Proj Downtown $ 460 $ -
1018-1080-V005 Almador Terr&Harbor Dr.Crack/S $ -
1018-1080-V006 Sidewalk Repairs var. location
1018-1080-V007 Atwater Blvd Strip (former RDA)
1018-1080-V008 Broadway Traffic Retasking $ -
1018-1080-Y001 Curb, Gutter, and Sidewalk Maintenance, Repair and Replacement $ 200,000 $ 200,000 1018-1080-Y002 Pavement Markings and Signage Maintenance $ 160,000 $ 160,000 1018-1080-Y003 Traffic Signals Maintenance and Repairs $ 20,000 $ 20,000 1018-1080-Y004 Pavement Repairs $ 192,583 $ 192,583
1018-1080-X014 Olive Avenue Overlay $ 100,000 $ 100,000 Total Expenditures $ 413,557 $ 3,120,236 $ 672,583

City of Atwater
Fiscal Year 2025-26 Budget
67 PARKS AND RECREATION FACILITIES FUND
Overview
Costs related to City parks and playground improvements are funded from the Parks and Recreation Fund.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1020-0000-1073 Parks & Rec. Facility Tax $ 9,920 $ 8,680 $ 8,680 1020-0000-1074 Parks Capital Improvemt Tax $ 3,968 $ 3,472 $ 3,472 1020-0000-1079 Youth Center Facility Tax $ 5,168 $ 4,522 $ 4,522 1020-0000-3153 Osborn Park Renovation $ 128,728 $ - $ - 1020-0000-6001 Interest Earned $ 60,447 $ 1,000 $ 1,000 Total Revenues $ 208,231 $ 17,674 $17,674
1020-1080-V038 Cedar and First Parking Lot $ 80,000 $ - $ - 1020-1080-V039 Osborn Park Renovation $ 22,000 $ 600,000 $ 400,000 1020-1080-X009 Pickleball Court $ - $ - $ -
Total Expenditures $ 102,000 $ 600,000 $ 400,000

City of Atwater
Fiscal Year 2025-26 Budget
68 GENERAL PLAN UPDATE – HOUSING ELEMENT
Overview
The general plan housing element update fund will be utilized to update the housing element. Funding from AB101 will be utilized.

Revenues and Expenses:

GENERAL PLAN UPDATE
Overview
The general plan update fund will be utilized to fund the update of the City’s general plan document. Funding for the general plan update will come from a variety of sources including SB2.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1040-4010-3194 AB101-Housing Dev & Financing $ 74,606 $ 75,394 $ 25,394 Total Revenues $ 74,606 $ 75,394 $ 25,394
1040-4010-3030 Professional Services $ 10,800 $ 89,200 $ 14,594 Total Expenditures $ 10,800 $ 89,200 $ 14,594
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1041-0000-6001 Interest Earned $ 51,236 $ - $ -
1041-0000-8001 Trn Fr General Fund $ - $ - $ -
1041-0000-8005 Trn Fr Water Enterprise $ - $ - $ -
1041-0000-8006 Trn Fr Sewer Enterprise $ - $ - $ -
1041-4010-3195 SB2-Planning Grants $ 160,000 $ -
Total Revenues $ 211,236 $ - $ -
1041-1080-V017 Bellevue Road Realignment $ 353,840 $ 353,840 1041-4010-3030 Professional Services $ 467,564 $ 2,721,519 $ 1,327,308 Work Group 1 - De Novo
Work Group 2 - Rincon Regional Housing Element
Work Group 3 - Expension of Circulation Element
Work Group 4 - Fiscal Analysis & Legal
Misc. professional services
Total Expenditures $ 467,564 $ 3,075,359 $ 1,681,148

City of Atwater
Fiscal Year 2025-26 Budget
69 CDBG AND HOME GRANTS FUND
Overview
State funded Community Development Block Grants, HOME Grants, and CAL Home Grants help the city operate an Owner-Occupied Housing Rehabilitation Program and First Time Home Buyers Down Payment Assistance Program as well as fund various projects that benefit affordable housing. These programs/projects are augmented by local cash match often located in program income funds and or match through the Atwater Redevelopment Agency. The city manages the housing programs through the services of an outside program manager that is contracted for program administration, activity delivery, marketing, and loan portfolio management. The housing programs are designed to target persons of low and moderate income which need assistance to purchase and/or make repairs to their primary home. The securing of quality homes to these individuals helps to stabilize neighborhoods and maintain homes which might otherwise lead to blight and dilapidation. These budgets provide for the activities that will implement the following goals:
• Develop and implement strategies that seek to provide affordable housing. • Actively seek grants to provide opportunities for low and moderate-income families to purchase homes through a first-time home buyer down payment assistance and make necessary repairs through an owner occupied housing rehabilitation program.
• Provide construction of off-site improvements or public improvements within the right of way within neighborhoods meeting income eligibility which have decaying or dilapidated infrastructure – in support of housing rehabilitation.

CDBG Program Income:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1064-0000-6001 Interest Earned $ 8,129 $ 500 $ 500
1064-4065-6030 Loan Repayments $ 37,000 $ - $ 6,000
1064-4067-6030 Loan Repayments $ 5,900 $ - $ 25,000
Total Revenues $ 51,029 $ 500 $ 31,500
1064-4067-3070 Loans & Grants (Rehab) $ 4,649 $ - $ 180,603 1064-4067-3089 Activity Delivery Rehab $ 3,622 $ - $ 27,649 Total Expenditures $ 8,271 $ - $ 208,252

City of Atwater
Fiscal Year 2025-26 Budget
70 CDBG AND HOME GRANTS FUND (cont.)
HOME Grant:

PHLA-Perm Local Housing Alloc Grant:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1078-0000-6001 Interest Earned $ 13,072 $ - $ 1,200
1078-4077-6030 Loan Repayments $ -
1078-4078-6030 Loan Repayments $ -
1078-4086-3170 Grant Revenue - First-Time Homebuyer Program $ - $ - 1078-4087-3170 Grant Revenue - Occupied Rehabilitation Program $ - $ - Total Revenues $ 13,072 $ - $ 1,200
1078-4078-3070 Loans & Grants (Rehab) $ - $ 100,645 $ 100,645 1078-4078-3080 General Administration $ - $ 44,143 $ 44,143 1078-4078-3088 Activity Delivery HB $ - $ 17,216 $ 17,216 1078-1078-3089 Activity Delivery (Rehab) $ - $ 31,783 $ 31,783 1078-4078-3091 Loans & Grants (HB) $ - $ 247,639 $ 247,639 Total Expenditures $ - $ 441,426 $ 441,426
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1080-4043-3170 Grant Revenue $ 158,592 $ 949,257 $ 269,804 Total Revenues $ 158,592 $ 949,257 $ 269,804
1080-4043-3030 Professional Services $ - $ 949,257 $ 658,408 Total Expenditures $ - $ 949,257 $ 658,408

City of Atwater
Fiscal Year 2025-26 Budget
71 POLICE FACILITY IMPACT FEES FUND
Overview
In order to implement the goals and objectives of the Capital Improvement Program and to mitigate the growth as impacts caused by new development in the City of Atwater, certain public facilities must be improved or expanded. The City Council has determined that various development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these sections, the City Council has found the fee to be consistent with it's General Plan.

The Police Impact Fees fund was established in 1995 to account for the revenues and expenditures related to the facility impact fees and improvements.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1091-0000-1077 Police Facility Impact Fee $ 4,194 $ 4,000 $ 4,000 1091-0000-6001 Interest Earned $ 5,069 $ 500 $ 500
Total Revenues $ 9,263 $ 4,500 $ 4,500
1091-2020-6021 Machinery & Equipment $ - $ - $ -
Dispatch Workstations
1091-2021-6021 Machinery & Equipment $ 78,483 $ - $ -
Vehicle Purchase - Patrol SUV encumbered FY 22/23
Vehicle Purchase - 2 Electric Pickups encumbered FY 22/23 Total Expenditures $ 78,483 $ - $ -

City of Atwater
Fiscal Year 2025-26 Budget
72 FIRE FACILITY IMPACT FEES FUND
Overview
In order to implement the goals and objectives of the Capital Improvement Program and to mitigate the growth as impacts caused by new development in the City of Atwater, certain public facilities must be improved or expanded. The City Council has determined that various development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these sections, the City Council has found the fee to be consistent with it's General Plan.

The Fire Facility Impact Fees fund was established in 1995 to account for the revenues and expenditures related to the facility impact fees and improvements.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1093-0000-1078 Fire Facility Impact Fee $ 5,439 $ 3,640 $ 3,640 1093-0000-6001 Interest Earned $ 7,000 $ 700 $ 500
Total Revenues $ 12,439 $ 4,340 $ 4,140
1093-2030-3099 Miscellaneous $ 135 $ 170 $ 170
Total Expenditures $ 135 $ 170 $ 170

City of Atwater
Fiscal Year 2025-26 Budget
73 GOVERNMENT BUILDING FACILITY FUND
Overview
In order to implement the goals and objectives of the Capital Improvement Program and to mitigate the growth as impacts caused by new development in the City of Atwater, certain public facilities must be improved or expanded. The City Council has determined that various development impact fees are needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these sections, the City Council has found the fee to be consistent with it's General Plan.

The Government Building Facility fund was established to account for the revenues and expenditures related to the facility impact fees and improvements.

Revenues:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
1095-0000-1072 Govt. Building Facility Tax $ 4,596 $ 4,000 $ 4,000 1095-0000-6001 Interest Earned $ 7,476 $ 500 $ 500
Total Revenues $ 12,072 $ 4,500 $ 4,500

City of Atwater
Fiscal Year 2025-26 Budget
74 PENSION RATE STABILIZATION 115 TRUST FUND
Overview
PARS is the Trust Administrator for the Public Agencies Post-Employment Benefits Trust.

The PARS Pension Rate Stabilization Program (PRSP) is a Section 115 irrevocable trust designed for agencies to prefund rising pension costs and address pension liabilities. The Trust is used by the City to make its future contributions to CalPERS and therefore, the cash is still the City’s cash but it is restricted as to its use. The City is the beneficiary of the trust to help it make the contribution to CalPERS. In addition to pension, the City is prefunding retiree health care (OPEB) liabilities within the same trust. This is accounted for separately as an expenditure in the Employee Benefits Fund.

Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
4080-0000-6000 Accrued Interest Earned $ 47,348 $ - $ - 4080-0000-8060 Transf From Emp Benefits Fund $ 100,000 $ 50,000 $ 50,000 Total Revenues $ 147,348 $ 50,000 $ 50,000

City of Atwater
Fiscal Year 2025-26 Budget
75 MAINTENANCE DISTRICTS
Overview
These budgets provide facility maintenance and operations for the residents within special districts. Maintenance districts provide for street lighting, storm drainage and in some cases for the continuing care of the landscaping in the common areas in the district.

Objectives
● Provide maintenance of City streets alley ways, sidewalks and parking lots. ● Provide maintenance and repair of Assessment districts street lighting, storm drainage and landscape areas.

Revenues and Expenses:

AccountNumber Description
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
5000-0000-4071 Assessment District Fees $ 203,304 $ 203,304 5000-0000-6001 Interest Earned $ 3,000 $ 3,000
5000-0000-8001 Trn Fr General Fund $ 141,065 $ 145,000
Total Revenues $ 347,369 $ 351,304
5000-3038-2021 Special Departmental Expense $ 30,000 $ 30,000 Upgrades & Improvements to Pumps/Impellers
5000-3038-2023 Small Tools $ 300 $ 300
Rakes, shovels, hoses and bibs
5000-3038-2027 Maint Dist Lndscp Expense $ 17,000 $ 17,000 Landscape & Irrigation Improvements
Irrigation Control Boxes
Herbicides and Pesticides
Horticulture Expenses
Parts & Repairs to Power Tools & Equip.

Sprinkler Repairs
5000-3038-3001 City Administration Fees - Salary Alloc. $ 106,243 $ 95,987 5000-3038-3030 Professional Services $ 185,354 $ 185,354 Annual Assessment
Update Engineer's Reports
NPDES Annual Permit
Streetlight Maintenance Service
Mowing and Weed Control
Motor and Pump Repair
Graffiti Removal
Landscape Services
5000-3038-3031 Communications $ -
5000-3038-3032 Utilities $ 105,000 $ 105,000
Electric Charges
Irrigation Charges
Total Expenditures $ 443,897 $ 433,641

City of Atwater
Fiscal Year 2025-26 Budget
76 COMMUNITY FACILITIES DISTRICT
Overview
Police and Fire Operations create and maintain security in the community and the department works with the citizens of Atwater to provide the best public safety service possible; to provide twenty-four hour patrol service for the community, respond to all Calls for Service, resolve conflicts, and identify potential problems of a serious nature.

Police Operations goals include enforcing state laws and applicable city ordinances in a fair and courteous manner and providing community relations for crime prevention and crime reduction.

Objectives
• Law enforcement officers will respond to emergency situations within an average of less than 3 minutes.
• Fill vacancies and continue to organize department to best serve the community. • Continue to look at technology to assist the department in providing service to the community.
• Continue to work to decrease gang activity within the City. • Work with City leaders to find ways to resolve homeless issues in Atwater.

City of Atwater
Fiscal Year 2025-26 Budget
77 COMMUNITY FACILITIES DISTRICT
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
5050-0000-4071 Assessment District Fees $ 662,481 $ 694,000 $ 721,760 5050-0000-6001 Interest Earned $ 248 $ - $ 500
5050-0000-XXXX Trn Fr General Fund $ 141,065 $ 160,821
Total Revenues $ 662,729 $ 835,065 $ 883,081
5050-2021-1001 Salaries & Wages, Regular $ 241,499 $ 291,722 $ 306,159 Police Sergeant $ 124,980
Police Officer $ 86,173
Police Officer (Detective) $ 95,006
5050-2021-1003 Leave Accrual Buy-Out $ 7,425 $ 10,832 $ 11,372 5050-2021-1004 Overtime $ 22,900 $ 30,000 $ 30,000
5050-2021-1005 Holiday Pay $ 18,109 $ 22,748 $ 23,882
5050-2021-1006 Stand By Pay $ 1,925 $ 9,100
5050-2021-1007 Special Duty $ 1,798 $ 4,200 $ 4,524
5050-2021-1008 In-Lieu Of Insurance Benefit $ 7,200 $ 7,200 $ 7,200 5050-2021-1012 Fica/Medicare $ 22,728 $ 27,249 $ 30,006 5050-2021-1013 Retirement $ 158,151 $ 175,966 $ 192,772 5050-2021-1014 Health Insurance $ 20,419 $ 18,995 $ 47,476 5050-2021-1015 Worker's Compensation $ 19,962 $ 26,389 $ 28,944 5050-2021-4088 Risk Management Charges $ 50,439 $ 74,474 $ 80,341 5050-2021-4089 Employee Benefits Charges $ 9,226 $ 10,504 $ 11,062 5050-2021-6021 Machinery & Equipment $ -
5050-2030-3030 Professional Services $ 100,000 $ 100,000 $ 100,000 CAL FIRE Agreement (partial)
Total Expenditures $ 681,781 $ 800,279 $ 882,838

City of Atwater
Fiscal Year 2025-26 Budget
78 WATER ENTERPRISE FUNDS
Overview
Under the direction of the Public Works Director, maintain the City's water productions and distribution system; provide sufficient quantities of potable drinking water for the community; improve existing water well systems and water quality; improve distribution control and continue the fire hydrant replacement program. The funds included in this budget are the Water Enterprise Fund, Water Capital Replacement Fund, DBCP Settlement Fund and 1,2,3-TCP Fund.

Objectives
●Provide maintenance and repair of City’s Water Wells.
●Provide maintenance and repair of City’s Water Well Distribution system. ●Provide Water sampling and testing as required.
● To maintain debt service requirements and capital needs of the Water Enterprise Fund.

Revenues:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
6000-0000-4051 Water Service Charges $ 8,398,535 $ 8,200,000 $ 8,400,000 6000-0000-4052 Water Connection Fees $ - $ 1,000 $ 1,000 6000-0000-6001 Interest Earned $ 454,916 $ 2,500 $ 40,000 6000-0000-6041 Delinquent Fee $ 12,840 $ 20,000 $ 20,000 6000-0000-6091 Other Revenue $ 29,019 $ 10,000 $ 10,000 Total Revenues $ 8,895,310 $ 8,233,500 $ 8,471,000

City of Atwater
Fiscal Year 2025-26 Budget
79 WATER ENTERPRISE FUNDS
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6000-1050-3030 Professional Services $ 6,370 $ 12,500 $ 12,500 Attorney Legal Services $ 12,500
6000-7000-3001 City Administration Fees - Incl. Internal Service Operations & Salary Alloc. $ 1,574,164 $ 1,657,367 $ 1,695,287 6000-7010-1001 Salaries & Wages, Regular $ 407,190 $ 437,535 $ 527,173 Water Division Supervisor $ 87,384
Water Systems Pump Operator $ 60,860
Water Systems Operator II $ 59,315
Water Systems Operator I $ 44,344
Water Systems Operator I $ 51,333
Water Systems Operator I $ 46,561
Water Systems Operator I $ 44,344
Water Systems Operator I $ 44,344
Water Systems Operator I $ 44,344
Water Systems Operator I $ 44,344
6000-7010-1002 Salaries & Wages, Parttime $ - $ -
6000-7010-1003 Leave Accrual Buy-Out $ 21,190 $ 7,621 $ 8,402 6000-7010-1004 Overtime $ 16,030 $ 30,000 $ 30,000
6000-7010-1006 Stand By Pay $ 11,499 $ 21,000 $ 35,000
6000-7010-1008 In-Lieu Of Insurance Benefit $ 19,870 $ 28,800 $ 9,600 6000-7010-1012 Fica/Medicare $ 33,964 $ 40,159 $ 46,678 6000-7010-1013 Retirement $ 148,202 $ 141,719 $ 173,774 6000-7010-1014 Health Insurance $ 62,857 $ 53,187 $ 154,813 6000-7010-1015 Worker's Compensation $ 33,701 $ 38,891 $ 40,230 6000-7010-1024 Additional Duty $ -
6000-7010-2020 Office Supplies $ 20,857 $ 20,400 $ 23,000 Postage for Utility Billing (1/3 ea. Water/Sewer/Garbage) Office Supplies
6000-7010-2021 Special Departmental Expense $ 205,187 $ 210,600 $ 221,130 Distribution Repair Parts $ 136,500
Chlorine $ 47,250
Cold Patch $ 15,750
Water Meter Software Upgrade $ 6,300
First Aid Supplies $ 1,155
Diesel Fuel for Well Generator $ 1,050
Backflow Parts $ 13,125
6000-7010-2023 Small Tools $ 5,755 $ 6,000 $ 6,300
6000-7010-2024 Uniform & Clothing Expense $ 8,482 $ 9,000 $ 9,450 Boots, PPE
6000-7010-3030 Professional Services $ 376,952 $ 721,550 $ 723,400 Printing and Mailing Utility Billing (1/3 ea. Water/Sewer/Garbage) $ 13,000 Fire Extinguisher Maint $ 2,100
Water Line Installations $ 47,000
Pump Repairs $ 31,500
IT Support (Sensus Software) $ 8,400
Well Maintenance $ 36,500
Water Quality Test $ 63,000
Permit Fees $ 23,100
DOT/ Physical Exams $ 1,100
Tesco Services $ 66,150
Haz-Mat Compliance $ 5,250
SGMA $ 6,300
Water Master Plan $ 262,500
Staff Augmentation $ 157,500

City of Atwater
Fiscal Year 2025-26 Budget
80 WATER ENTERPRISE FUNDS (cont.)
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6000-7010-3031 Communications $ 10,483 $ 13,800 $ 14,490 AT&T - Alarm Lines $ 3,675
Cell Phones $ 7,665
Radio Announcements $ 3,150
6000-7010-3032 Utilities $ 1,624,709 $ 2,036,075 $ 1,909,682 6000-7010-3033 Printing & Advertising $ 230 $ 2,000 $ 2,000 Legal Notices/Advertising
6000-7010-3034 Rents & Leases $ 1,508 $ 2,200 $ 2,200
Copier Lease
6000-7010-3035 Operations & Maintenance $ 896 $ 1,100 $ 1,100 Copier Usage Fees
6000-7010-3036 Memberships & Subscriptions $ 253 $ 2,755 $ 2,895 Springbrook CivicPay Subscription-Utility Phone Payments $ 2,160 Miscellaneous $ 735
6000-7010-3037 Travel/Conferences/Meetings $ - $ 1,850 $ 1,950 Recertification, Electrical Courses, Etc. $ 375
League of CA Cities-Public Works $ 525
Misc. Training Travel $ 1,050
6000-7010-3038 Training $ 1,451 $ 6,170 $ 6,480
Recertification, Electrical Courses, Etc. $ 1,755
League of CA Cities-Public Works $ 525
Distribution Certifications/Pesticide Courses, Safety Courses, etc. $ 4,200 6000-7010-3090 Depreciation Expense $ 171,204 $ -
6000-7010-3096 Bad Debt Expense $ (14,588) $ - $ -
6000-7010-3102 Electronic Pmt Processing Exp $ 32,660 $ 30,950 $ 33,000 Utility Web Payment-Bluefin
Utility Bill Pay - Vanco
Utility Phone Payment - Springbrook
6000-7010-4041 Equipment Maint. Charges $ 105,942 $ 106,078 $ 106,808 6000-7010-4045 Building Maint. Charges $ 32,462 $ 29,972 $ 28,560 6000-7010-4087 Information Technology Charges $ 49,476 $ 48,391 $ 71,268 6000-7010-4088 Risk Management Charges $ 68,827 $ 96,698 $ 119,177 6000-7010-4089 Employee Benefits Charges $ 88,388 $ 99,412 $ 116,708 6000-7010-4090 Fixed Asset Dispoal $ 3,188
6000-7010-6021 Machinery & Equipment $ 1 $ 335,000 $ 125,000 Lease for Vaccon Truck $ 125,000
6000-9095-9050 Trn To General Fund $ 152,375 $ 152,375 $ 152,375 6000-9095-9068 Transf to Water Capital Fund $ 1,642,245 $ - $ - Total Expenditures $ 6,923,980 $ 6,401,155 $ 6,410,430

City of Atwater
Fiscal Year 2025-26 Budget
81 WATER ENTERPRISE FUNDS
Water Fund Capital Replacement
Revenues and Expenses:

Water Capital Impact Fees
Water Operating Reserve Fund
1,2,3-TCP Fund
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
6001-0000-6001 Interest Earned $ 8,330 $ 5,000 $ 5,000
6001-0000-6093 Transf from Water Enterprise $ 1,642,245 Total Revenues $ 1,650,575 $ 5,000 $ 5,000
6001-1080-3090 Depreciation Expense $ 6,447 $ -
6001-1080-E017 Well Control Panel Upgrade $ - $ -
6001-1080-H008 Hydrant Replacement $ 65,651 $ 75,000 $ 75,000 6001-1080-H015 Well #20A Rehab $ 1,347,209 $ 1,639,175
6001-1080-L014 Installation-New Water Meters $ 1,768,112 $ 3,200,000 $ 600,000 6001-1080-N002 Water Meter Software Upgrade
6001-1080-T003 Water Tower Painting
6001-1080-V011 Property Acq.-Future Well Site $ 6,325 $ 300,000 6001-1080-V042 Water Tower Lights Install
6001-1080-W006 Canal Creek Utility Crossing $ 29,396 $ 250,000 $ 250,000 Total Expenditures $ 3,223,140 $ 5,464,175 $ 925,000
6005-0000-4052 Water Connection Fees $ 5,200 $ 1,200
6005-0000-4067 Capacity Fee $ 63,160 $ 17,050
6005-0000-6001 Interest Earned $ 72,034 $ - $ 10,000
Total Revenues $ 140,394 $ 18,250 $ 10,000
6005-1080-3090 Depreciation Expense $ 15,001 $ -
Total Expenditures $ 15,001 $ - $ -
6006-0000-6001 Interest Earned $ 4,797 $ - $ 500
Total Revenues $ 4,797 $ - $ 500
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6007-0000-6001 Interest Earned $ 1,343,038 $ 25,000 $ 25,000 Total Revenues $ 1,343,038 $ 25,000 $ 25,000
6007-1080-H010 TCP Well Rehab
6007-1080-H015 Well #20A Rehab $ 2,021,160 $ 649,640
6007-7010-3030 Professional Services $ 925,148 $ 1,500,000 $ 1,500,000 Lab Samples $ 100,000
Carbon Change-Outs $ 1,400,000
Total Expenditures $ 2,946,308 $ 2,149,640 $ 1,500,000

City of Atwater
Fiscal Year 2025-26 Budget
82 WASTEWATER ENTERPRISE FUNDS
Overview
Under direction of the Public Works Director, this department is responsible for maintaining all City sewer mains, lines and lift stations in a manner that will assure uninterrupted, safe service; to maintain lift stations and main lines at intervals that promote good service; to see that employees work safely and effectively when working in confined spaces.

The department is also responsible for maintenance and operation of the City’s Wastewater Treatment Facility and the management of the service agreement for operations management by Veolia Environmental Services. This activity is also responsible for meeting the debt service requirements of the Sewer Enterprise Fund and its capital needs for facility repair and maintenance.

Objectives
• Provide high level of service for the uninterrupted flow of wastewater to the wastewater treatment plant.
• Provide maintenance and repair of City’s Sewer lift Stations. • Provide maintenance and repair of City’s Sewer Distribution system. • Provide Sewer sampling and testing as required.
• To maintain debt service requirements and capital needs of the Wastewater Enterprise Fund.
• Provide street sweeping services and insuring clean and safe City streets. • Leaf pick up services to keep catch basins clear to prevent flooding and prevent dissolved oxygen to enter into the storm water system.

City of Atwater
Fiscal Year 2025-26 Budget
83 WASTEWATER ENTERPRISE FUNDS
Revenues:

Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6010-0000-3012 SJVAPCD Grant $ - $ - $ -
6010-0000-4053 Sewer Service Charges $ 12,040,786 $ 11,800,000 $ 11,923,000 6010-0000-4057 Bop Maintenance Charges $ 55,000 $ 55,000 $ 55,000 6010-0000-4058 Sewer Trunk Line Fee $ 8,598 $ 8,500 $ 8,500 6010-0000-4060 Castle Sewer Interceptor $ -
6010-0000-4140 Admin Fees, General Fund - Salary Alloc. $ 86,543 $ 87,052 $ 85,827 6010-0000-4141 Admin Fees, Streets - Salary Alloc. $ 50,606 $ 51,174 $ 49,069 6010-0000-4142 Admin Fees, Water - Salary Alloc. $ 184,821 $ 187,936 $ 174,910 6010-0000-4143 Admin Fees, Sanitation - Salary Alloc. $ 90,797 $ 93,562 $ 80,827 6010-0000-4145 Admin Fees, Maintenance Dist - Salary Alloc. $ 18,482 $ 18,794 $ 17,491 6010-0000-6001 Interest Earned $ 399,386 $ 40,000 $ 4,000 6010-0000-6002 Bond Interest Earned $ 100,053 $ 300
6010-0000-6091 Other Revenue $ 14,098 $ 7,000
Total Revenues $ 13,049,170 $ 12,349,318 $ 12,398,624
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6010-1050-3030 Professional Services $ 9,626 $ 67,500 $ 25,000 Attorney Legal Services $ 15,000
Financial Advisor Services $ 10,000
6010-1080-3090 Depreciation Expense $ 2,409,996 $ -
6010-1080-H011 Sewer Lift Station Imprvmnts $ 7,619 $ - 6010-1080-M007 Fruitland Ave Rd Improvements $ -
6010-1080-V016 Industry Stat CMU Wall Install $ -
6010-1080-W006 Canal Creek Utility Crossing $ 28,038 $ 250,000 $ 250,000 6010-1080-W007 Castle Sewer Interceptor $ 42,375 $ 1,900,000 $ 1,950,000 6010-1080-W008 Property Acq-998 Atwater Blvd $ 18,000 $ - 6010-1080-W009 Lower Shaffer Storm Drain Imp $ 353,228 $ 3,000,000 $ 6,000,000 6010-1080-X011 Atwater Blvd Drainage Improvements $ 104,425 $ 200,000 $ 100,000 6010-1080-X012 Eucalyptus and First St Drainage Improvements $ 112,500 $ 300,000 6010-5050-3001 City Administration Fees $ 1,246,188 $ 1,308,044 $ 1,380,921 6010-5050-5031 Principal-2017 Wastewater Bond $ 1,115,000 $ 1,175,000 6010-5050-5032 Interest-2017 Wastewater Bond $ 2,423,304 $ 2,191,838 $ 2,136,088 6010-5050-5033 Principal-2018 Wastewater Bond $ 715,000 $ 740,000 6010-5050-5034 Interest-2018 Wastewater Bond $ 190,367 $ 426,369 $ 397,769

City of Atwater
Fiscal Year 2025-26 Budget
84 WASTEWATER ENTERPRISE FUNDS (cont.)
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6010-5051-1001 Salaries & Wages, Regular $ 815,213 $ 833,924 $ 818,703 Public Works Director $ 160,023
Public Works Superintendent $ 111,671
Sewer Division Supervisor $ 80,845
Administrative Assistant I $ 40,067
Sewer Maint Worker II $ 60,515
Sewer Maint Worker II $ 59,315
Sewer Maint Worker I $ 53,900
Sewer Maint Worker I $ 53,900
Sewer Maint Worker I $ 53,900
Sewer Maint Worker I $ 44,344
Sewer Maint Worker I $ 51,333
Sewer Maint Worker I $ 48,889
6010-5051-1002 Salaries & Wages, Parttime $ - $ -
6010-5051-1003 Leave Accrual Buy-Out $ 34,393 $ 31,847 $ 35,111 6010-5051-1004 Overtime $ 41,730 $ 50,000 $ 50,000
6010-5051-1006 Stand By Pay $ 11,420 $ 14,000 $ 14,000
6010-5051-1008 In-Lieu Of Insurance Benefit $ 16,110 $ 36,000 $ 14,400 6010-5051-1012 Fica/Medicare $ 66,613 $ 74,771 $ 70,493 6010-5051-1013 Retirement $ 327,451 $ 302,452 $ 305,621 6010-5051-1014 Health Insurance $ 134,300 $ 132,503 $ 188,430 6010-5051-1015 Worker's Compensation $ 64,679 $ 72,410 $ 68,791 6010-5051-1024 Additional Duty $ - $ 11,623
6010-5051-2020 Office Supplies $ 20,857 $ 17,900 $ 23,000 Postage for Utility Billing (1/3 ea. Water/Sewer/Garbage) Office Supplies
6010-5051-2021 Special Departmental Expense $ 102,186 $ 151,600 $ 157,180 Parts for Repair of Sewer Lift Stations $ 42,000
Pump Motor for Sewer Lift Station $ 52,500
Cold Patch $ 15,750
Pipe & Fittings for Sewer Lateral Repair $ 10,500
Sidewalk Curb and Gutter Replacement $ 21,000
Oil & Lube for Lift Stations $ 630
Chemical Weed Abatement $ 7,350
Parts for Repair of Storm Stations $ 7,450
6010-5051-2023 Small Tools $ 5,013 $ 8,000 $ 8,000
Shovels, Rakes, Brooms, Misc. Hand Tools $ 8,000

City of Atwater
Fiscal Year 2025-26 Budget
85 WASTEWATER ENTERPRISE FUNDS (cont.)
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6010-5051-2024 Uniform & Clothing Expense $ 10,954 $ 16,100 $ 16,100 Safety Boots $ 3,000
Gloves: Rubber and Leather $ 1,200
Reflective Jackets $ 1,200
Rain Gear/ Clothing $ 1,200
Misc. Safety Supplies $ 1,000
Uniform Cleaning $ 8,500
6010-5051-3030 Professional Services $ 163,588 $ 545,600 $ 541,600 Printing and Mailing Utility Billing (1/3 ea. Water/Sewer/Garbage) $ 13,000 Gas Detector Maintenance $ 600
Hot Patch Asphalt $ 20,000
Electrical Repair $ 10,000
Engineering Services $ 200,000
Sewer and Storm Pump Repair $ 15,000
Sewer Master Plan $ 157,500
Sewer Rate Study $ 60,000
Sewer Lateral Repair Reimbursement $ 20,000
Sewer Mainline Repair $ 20,000
Storm Drain/Storm Main Repair $ 10,000
Flow Meter Calibration $ 15,000
Storm Sampling $ 500
6010-5051-3031 Communications $ 11,776 $ 19,000 $ 19,000 AT&T $ 8,500
Cell Phones $ 7,500
Radio Announcements $ 3,000
6010-5051-3032 Utilities $ 93,337 $ 64,000 $ 70,400
Merced Irrigation District $ 4,400
Pacific Gas and Electric $ 66,000
6010-5051-3034 Rents & Leases $ 1,508 $ 5,000 $ 5,000
Copier Lease $ 5,000
6010-5051-3036 Memberships & Subscriptions $ 253 $ 3,183 $ 3,288 CWEA Membership Fees $ 1,128
Springbrook CivicPay Subscription-Utility Phone Payments $ 2,160 6010-5051-3037 Travel/Conferences/Meetings $ 675 $ 850 $ 895 Recertification, Electrical Courses, Etc. $ 370
League of CA Cities-Public Works $ 525
6010-5051-3038 Training $ - $ 2,170 $ 2,295
Recertification, Electrical Courses, Etc. $ 1,770
League of CA Cities-Public Works $ 525
6010-5051-3090 Depreciation Expense $ 373,670 $ -
6010-5051-3096 Bad Debt Expense $ (15,282) $ -
6010-5051-3102 Electronic Pmt Processing Exp $ 32,660 $ 30,950 $ 33,000 Utility Web Payment-Bluefin
Utility Bill Pay - Vanco
Utility Phone Payment - Springbrook

City of Atwater
Fiscal Year 2025-26 Budget
86 WASTEWATER ENTERPRISE FUNDS (cont.)
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6010-5051-4041 Equipment Maint. Charges $ 289,376 $ 290,023 $ 289,048 6010-5051-4045 Building Maint. Charges $ 32,462 $ 29,972 $ 28,560 6010-5051-4087 Information Technology Charges $ 32,984 $ 32,261 $ 55,431 6010-5051-4088 Risk Management Charges $ 140,981 $ 188,760 $ 181,908 6010-5051-4089 Employee Benefits Charges $ 41,646 $ 44,568 $ 46,031 6010-5051-4090 Fixed Asset Disposal $ 3,188
6010-5051-6021 Machinery & Equipment $ 1 $ 120,000
6010-5051-6031 Improvements Other Than Bldg $ - $ -
6010-5051-XXXX Electric Street Sweeper $ - $ - $ 151,000 6010-5052-2021 Special Departmental Expense $ 58,510 $ 65,000 $ 70,000 Misc. Permit Fees (State/County/SJVAPCD, etc.) $ 70,000 6010-5052-3030 Professional Services $ 2,436,712 $ 2,393,287 $ 2,457,197 Plant Management Services (Veolia) $ 2,356,873
Support for Permit Compliance $ 20,000
Dried Sludge Removal $ 26,000
Annual Veolia Contract Adjustment $ 34,324
IPP Implementation $ 20,000
6010-5052-3032 Utilities $ 1,009,548 $ 985,000 $ 985,000 Solar for WWTP $ 305,000
MID Power for WWTP $ 80,000
PG&E for WWTP $ 600,000
6010-5052-3090 Depreciation Expense $ 45,562 $ -
6010-5052-6021 Machinery & Equipment $ 36,626 $ 228,000 $ 447,300 Repair Influent Pumps (2) $ 110,000
Vactor Station Pump $ 25,000
Replacement media for 1 of 3 tertiary filters $ 24,000
UV Lamp Replacement $ 160,000
Replace Gear box and Auger Muffin Monster $ 24,300
Replace Rooftop A/C $ 29,000
Replace Walmount A/C $ 24,000
Repair/Replace Admin Roof $ 42,000
Fire Pump Panel $ 9,000
6010-9095-9086 Transf To Gen Plan Update Fund $ - $ -
Total Expenditures $ 13,386,366 $ 18,274,505 $ 21,311,560

City of Atwater
Fiscal Year 2025-26 Budget
87 Wastewater Fund Capital Replacement
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
6011-0000-4054 Sewer Connection Fees $ 4,400 $ 4,800
6011-0000-4067 Capacity Fee $ 53,661 $ 30,000
6011-0000-4068 Sewer WWTP Expansion $ - $ 5,000
6011-0000-6001 Interest Earned $ 100,237 $ 10,000 $ 10,000 6011-0000-6091 Other Revenue $ 1,947 $ 1,000
Total Revenues $ 160,245 $ 50,800 $ 10,000
6011-1080-3090 Depreciation Expense $ 138,902 $ -
Total Expenditures $ 138,902 $ - $ -

City of Atwater
Fiscal Year 2025-26 Budget
88 SANITATION ENTERPRISE FUND
Overview
Under the direction of the Public Works Director, to assure the efficient and safe daily refuse collection by independent contractor consistent with the policies and priorities established by the City Council.

Objectives
• To facilitate removal of rubbish and refuse from all business and homes. • To provide semi-annual pickup of unwanted appliances and other items at central locations.
• To provide citizen participation in regional Household Hazardous Waste collection efforts.
• Provides for ongoing monitoring, regulatory compliance, and potential remediation activities for the former land fill located on Bert Crane Road. • To ensure local compliance with state mandated waste reduction regulations.

Revenues:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
6020-0000-1051 Franchise Fees $ 6,037 $ 4,000 $ 4,700
6020-0000-4055 Refuse Service Charges $ 3,710,034 $ 4,077,000 $ 4,321,800 6020-0000-6001 Interest Earned $ 69,336 $ 1,000 $ 2,000 6020-0000-6091 Other Revenue $ 89,452 $ - $ 1,000
6020-0000-4160 Contract Admin Fee $ 462,441 $ 420,000 $ 501,600 6020-0000-4161 Contract Fee - Admin & AB 939 $ 198,189 $ 204,000 $ 216,942 Total Revenues $ 4,535,489 $ 4,706,000 $ 5,048,042

City of Atwater
Fiscal Year 2025-26 Budget
89 SANITATION ENTERPRISE FUND
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
6020-5059-1001 Salaries & Wages, Regular $ -
6020-5059-1002 Salaries & Wages, Parttime $ -
6020-5059-1003 Leave Accrual Buy-Out $ -
6020-5059-1004 Overtime $ - $ 1,500 $ 1,500
6020-5059-1008 In-Lieu Of Insurance Benefit $ -
6020-5059-1012 Fica/Medicare $ -
6020-5059-1013 Retirement $ -
6020-5059-1014 Health Insurance $ -
6020-5059-1015 Worker's Compensation $ -
6020-5059-2020 Office Supplies $ 20,857 $ 18,000 $ 23,000 Postage for Utility Billing (1/3 ea. Water/Sewer/Garbage) 6020-5059-2021 Special Departmental Expense $ 16,490 $ 87,000 $ 87,350 Supplies $ 1,050
Merced County Regional Waste $ 6,300
Compost for SB1383 Compliance $ 80,000
6020-5059-2024 Uniform & Clothing Expense $ -
6020-5059-3001 City Administration Fees - Incl. Internal Service Operations & Salary Alloc. $ 927,615 $ 1,027,459 $ 949,280 6020-5059-3016 Solid Waste Collectn/Disposal $ 4,424,249 $ 3,500,000 $ 3,630,000 6020-5059-3030 Professional Services $ 126,641 $ 194,500 $ 227,000 Printing and Mailing Utility Billing (1/3 ea. Water/Sewer/Garbage) $ 13,000 Attorney Legal Services $ 25,000
Recyclable Processing Fees $ 189,000
6020-5059-3031 Communications $ - $ -
Radio Announcements
6020-5059-3036 Memberships & Subscriptions $ 253 $ 2,455 $ 2,580 Springbrook CivicPay Subscription-Utility Phone Payments $ 2,160 Miscellaneous $ 420
6020-5059-3037 Travel/Conferences/Meetings $ - $ 850 $ 900 Recertification, Electrical Courses, Etc. $ 375
League of CA Cities-Public Works $ 525
6020-5059-3038 Training $ - $ 2,170 $ 2,295
Recertification, Electrical Courses, Etc. $ 1,770
League of CA Cities-Public Works $ 525
6020-5059-3090 Depreciation Expense $ 14,053 $ -
6020-5059-3096 Bad Debt Expense $ (9,129) $ -
6020-5059-3102 Electronic Pmt Processing Exp $ 32,660 $ 30,950 $ 33,000 Utility Web Payment-Bluefin
Utility Bill Pay - Vanco
Utility Phone Payment - Springbrook
6020-5059-4041 Equipment Maint. Charges $ 14,662 $ 14,710 $ 14,497 6020-5059-4045 Building Maint. Charges $ 32,462 $ 29,972 $ 28,560 6020-5059-4087 Information Technology Charges $ 15,837
6020-5059-4088 Risk Management Charges $ 132 $ - $ -
6020-5059-4089 Employee Benefits Charges $ 4,072 $ 4,581 $ 5,357 6020-5059-5030 Interest-Interfund Loans $ -
6020-5059-6021 Machinery & Equipment $ - $ 10,000
Miscellaneous
Total Expenditures $ 5,605,017 $ 4,924,147 $ 5,021,155

City of Atwater
Fiscal Year 2025-26 Budget
90 INTERNAL SERVICES FUND - CITY BUILDINGS AND

EQUIPMENT MAINTENANCE
Overview – City Buildings
Under the direction of the Public Works Director, to ensure that all City buildings are maintained in a safe and clean manner, not only for the employees to work, but for the general public.

Objectives
• To provide high level maintenance of the City's owned and operated buildings. • To provide high level cleaning services to all City buildings. • To perform repairs to protect the safety of employees, the general public and the City's investment.

Revenues:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
7000-0000-3023 MUHSD/AESD Reimbursement $ - $ - $ -
7000-0000-4081 Building Maintenance Charges $ 1,008,586 $ 931,222 $ 887,329 7000-0000-4082 Equipment Maintenance Charges $ 1,006,474 $ 1,008,664 $ 1,007,675 7000-0000-6001 Interest Earned $ 19,248 $ - $ 2,000
7000-0000-6091 Other Revenue $ 35,935 $ - $ -
Total Revenues $ 2,070,243 $ 1,939,886 $ 1,897,004

City of Atwater
Fiscal Year 2025-26 Budget
91 INTERNAL SERVICES FUND – CITY BUILDINGS
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
7000-1080-3090 Depreciation Expense $ 4 $ -
7000-9090-1001 Salaries & Wages, Regular $ 51,710 $ 50,576 $ 84,110 Bldg Maintenance Worker I $ 48,168
Bldg Maintenance Worker I $ 35,942
7000-9090-1002 Salaries & Wages, Parttime $ 27,309 $ 28,901 Bldg Maintenance Worker I
7000-9090-1004 Overtime $ 256 $ 3,000 $ 3,000
7000-9090-1008 In-Lieu Of Insurance Benefit $ -
7000-9090-1012 Fica/Medicare $ 5,443 $ 6,309 $ 6,664
7000-9090-1013 Retirement $ 32,705 $ 30,881 $ 36,254
7000-9090-1014 Health Insurance $ 30,903 $ 28,054 $ 69,003 7000-9090-1015 Worker's Compensation $ 6,239 $ 6,110 $ 6,428 7000-9090-2021 Special Departmental Expense $ 87,889 $ 114,300 $ 104,300 HVAC Repair & Maintenance Parts (see 3030) $ 5,000
Hepatitis & Flu Immunizations $ 500
Hazardous Material Storage Permit (Corp Yard) $ 2,000
Miscellaneous Building Repair and Maintenance Supplies $ 20,000 Security Cameras (Corp Yard)
Keys & Locks $ 500
Paper Products and Hand Soap $ 15,000
Cleaning Products $ 5,000
Paint for buildings $ 10,000
Trash Bags $ 3,000
Miscellaneous Janitorial Supplies $ 30,000
Replace Bulbs, Ballasts and Lighting Fixtures $ 3,800
Painting Supplies $ 1,500
Parts and Supplies for Minor Electrical Repairs $ 8,000 7000-9090-2023 Small Tools $ 296 $ 3,500 $ 3,500
Mower/Weed eater $ 3,500
7000-9090-2024 Uniform & Clothing Expense $ 1,119 $ 3,400 $ 3,400 Uniform Cleaning Services $ 1,800
Safety Boots $ 800
Miscellaneous Safety Supplies $ 500
PPE $ 300

City of Atwater
Fiscal Year 2025-26 Budget
92 INTERNAL SERVICES FUND – CITY BUILDINGS (cont.)
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
7000-9090-3030 Professional Services $ 267,882 $ 314,000 $ 344,000 Contract Janitorial Services $ 190,000
Miscellaneous Cleaning of Floors $ 1,000
Miscellaneous Plumbing Repairs $ 2,500
Fire Extinguisher and Stove Hood Repair Maintenance $ 12,000 Fire/Security Alarm Repair and Maintenance $ 3,000
HVAC Repair & Maintenance Parts $ 50,000
Lock and Door Repair & Maintenance $ 2,000
Building Maintenance $ 70,000
Pest and Rodent Control $ 4,000
Ice Machine and Refrigerator Repair $ 2,000
Roll-Up Door Service and Repair $ 2,500
Hazardous Materials Management $ 2,000
Miscellaneous Electrical Repairs $ 3,000
7000-9090-3031 Communications $ 16,629 $ 15,000 $ 25,000 Telephone Services (AT&T, Verizon, Comcast)
7000-9090-3032 Utilities $ 155,342 $ 205,000 $ 162,750
Gas Service at Veterans Park $ 3,150
Propane at Corp Yard and Fire Stations $ 7,350
Solar Power for City Hall & Community Center $ 57,750
PG&E for City Buildings $ 94,500
7000-9090-3034 Rents & Leases $ - $ 600 $ 600
Rental of Specialized Cleaning Equipment
7000-9090-3035 Operations & Maintenance $ 1,041 $ 6,000 $ 6,000 Supplies and Equipment for Minor In-House Building Repairs 7000-9090-3090 Depreciation Expense $ 34,260 $ -
7000-9090-4087 Information Technology Charges
7000-9090-4088 Risk Management Charges $ 13,460 $ 18,619 $ 23,873 7000-9090-4089 Employee Benefits Charges $ 6,278 $ 6,972 $ 8,447 7000-9090-6021 Machinery & Equipment $ - $ -
7000-9090-6031 Improvements Other Than Bldg $ 148,225 $ 140,000 Station 42 Roof Repairs
Bloss Mansion Roof Repairs
Total Expenditures $ 886,990 $ 981,222 $ 887,329

City of Atwater
Fiscal Year 2025-26 Budget
93 INTERNAL SERVICES FUND – EQUIPMENT MAINTENANCE AND

EQUIPMENT REPLACEMENT FUND
Overview – Equipment Maintenance
Under the direction of the Public Works Director, this department maintains City vehicles and equipment to assure a safe and productive operating status; continue a timely preventative maintenance program in order to promote and enhance equipment usefulness.

Objectives
• To provide high level of maintenance to the City's owned and operated vehicles and maintenance.
• To perform repairs and preventative maintenance on City owned and operated vehicles and equipment. To protect the safety of employees and the general public.

Overview – Equipment Replacement Fund
The Equipment Replacement Fund was established in Fiscal Year 2021/22 to begin the set-aside of funds for the future replacement of equipment that has past its estimated useful life.

City of Atwater
Fiscal Year 2025-26 Budget
94 INTERNAL SERVICE FUND – EQUIPMENT MAINTENANCE
Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
7000-9091-1001 Salaries & Wages, Regular $ 114,401 $ 120,121 $ 114,401 Mechanic II $ 60,501
Mechanic I $ 53,900
7000-9091-1003 Leave Accrual Buy-Out $ -
7000-9091-1004 Overtime $ 1,625 $ 5,000 $ 5,000
7000-9091-1008 In-Lieu Of Insurance Benefit $ 7,200 $ 7,200 $ 7,200 7000-9091-1012 Fica/Medicare $ 8,847 $ 10,123 $ 9,685
7000-9091-1013 Retirement $ 43,888 $ 38,908 $ 37,711
7000-9091-1014 Health Insurance $ 14,788 $ 18,995 $ 20,642 7000-9091-1015 Worker's Compensation $ 9,443 $ 9,803 $ 9,342 7000-9091-2020 Office Supplies $ - $ 800 $ 800
7000-9091-2021 Special Departmental Expense $ 4,510 $ 5,000 $ 5,000 7000-9091-2023 Small Tools $ 3,486 $ 5,000 $ 5,000
7000-9091-2024 Uniform & Clothing Expense $ 921 $ 2,600 $ 2,600 Uniform Service $ 2,000
Boots $ 600
7000-9091-3030 Professional Services $ 127,722 $ 180,000 $ 180,000 7000-9091-3031 Communications $ 527 $ 1,300 $ 1,300
Cell Phone
7000-9091-3035 Operations & Maintenance $ 597,488 $ 550,000 $ 577,500 Fuel $ 357,000
Parts, Materials, etc. for all City Vehicles $ 220,500
7000-9091-3038 Training $ - $ 2,000 $ 2,000
7000-9091-3090 Depreciation Expense $ 45,111 $ -
7000-9091-4087 Information Technology Charges $ 8,246 $ 8,065 $ 7,919 7000-9091-4088 Risk Management Charges $ 18,591 $ 25,436 $ 23,701 7000-9091-4089 Employee Benefits Charges $ 8,671 $ 9,524 $ 8,386 7000-9091-6021 Machinery & Equipment $ - $ 15,000
New Car Lift
Total Expenditures $ 1,015,465 $ 1,014,875 $ 1,018,187
TotalInternal Service Fund - City Buildings and Equip Maint Expenditures $ 1,902,455 $ 1,996,097 $ 1,905,516

City of Atwater
Fiscal Year 2025-26 Budget
95 INTERNAL SERVICE FUND – EQUIPMENT/BUILDING REPLACEMENT Revenues/Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
7001-0000-8001 Trans FR General Fund $ 100,000 $ 100,000 $ 100,000 7001-0000-6001 Interest Earned $ 5,849 $ 500
Total Revenues $ 105,849 $ 100,000 $ 100,500
7001-1050-6021 Machinery & Equipment $ 110,916 $ -
New Switches throughout City Encumbed FY 22/23
7001-1050-6031 Improvements Other Than Bldg $ - $ -
Castle Youth Center Upgrades
Total Expenditures $ 110,916 $ - $ -

City of Atwater
Fiscal Year 2025-26 Budget
96 INTERNAL SERVICES FUNDS FOR EMPLOYEE BENEFITS, RISK

MANAGEMENT AND INFORMATION TECHNOLOGY
Overview
Under the direction of the City Manager to maintain internal services to plan and protect the City’s long-term financial viability and budgetary structure in areas related to employee benefits, risk management and information technology.

Employee benefits and risk management daily functions are managed by the Human Resources Department. For more information, please see the Human Resources Department narrative.

Information Technology (IT) provides information services to all City departments and ensures high operational efficiency with the minimization of service interruptions through the thoughtful application of technology solutions to enable the City to deliver innovative and sustained high-quality public services. Information services include support, planning, security, implementation, and maintenance of the City’s technology infrastructure.

Objectives
• To provide current and long-range planning and management of employee related benefits
• To provide current and long-range planning and management of risk management activities
• To enhance staff capabilities with modern technologies and services • To improve the City’s information security posture through holistic security planning and implementation of industry-recognized best practices • To utilize IT automation techniques to reduce support requirements • To apply innovative and reasonably frugal solutions to the City’s IT challenges • To provide prudent and data-driven strategic and long-range IT planning • To deliver a high rate of system reliability, stability, and availability • To maximize the effectiveness of City public communication through technology

City of Atwater
Fiscal Year 2025-26 Budget
97 EMPLOYEE BENEFITS FUND
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
7010-0000-4089 Employee Benefits Charges $ 767,380 $ 851,597 $ 948,700 7010-0000-6001 Interest Earned $ 19,323 $ 3,500 $ 3,500 7010-0000-6088 Health Reimbursements $ 61,952 $ 48,000 $ 48,000 Dental and Vision Retiree Reimb
Dental Cost-Sharing (Actives)
Vision Cost-Sharing (Actives)
Life Insurance Cost-Sharing (Actives)
Short Term Disability Cost-Sharing (Actives)
7010-0000-6091 Other Revenue $ - $ -
7010-0000-8001 Trn Fr General Fund $ 200,000 $ 100,000 $ 100,000 Reserve for OPEB Obligations
Reserve for Pension Obligations
Total Revenues $ 1,048,655 $ 1,003,097 $ 1,100,200
7010-1010-3030 Professional Services $ 5,250 $ 25,000 25000 Legal Services
Actuarial Consulting Services
7010-1050-3040 General Administration-Ins $ 4,070 $ 3,200 $ 3,200 CalPERS (Active Admin Fee)
7010-1050-3043 Health Insurance, Retirees $ 611,746 $ 600,000 $ 700,000 Retiree Medical Reimbursements
CalPERS (Retiree Medical)
CalPERS (Retiree Admin Fee)
7010-1050-3046 Unemployment Insurance $ 32,783 $ 30,000 $ 25,000 7010-1050-3047 Dental Insurance $ 139,053 $ 150,000 $ 100,000 7010-1050-3048 Vision Insurance $ 24,312 $ 30,000 $ 30,000 7010-1050-3049 Life Insurance $ 20,125 $ 25,000 $ 25,000 7010-1050-3050 Disability Insurance $ 49,617 $ 40,000 $ 50,000 7010-1050-9071 OPEB Expenses $ 100,000 $ 50,000 $ 50,000 Reserve for OPEB Obligations
7010-9095-9112 Transf To Pension Rate Stblztn $ 100,000 $ 50,000 $ 50,000 Total Expenditures $ 1,086,956 $ 1,003,200 $ 1,058,200

City of Atwater
Fiscal Year 2025-26 Budget
98 RISK MANAGEMENT FUND
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
7020-0000-4083 Worker's Compensation Charges $ 582,936 $ 669,256 697,812 7020-0000-4088 Risk Management Charges $ 1,342,175 $ 1,851,602 1,873,594 7020-0000-6001 Interest Earned $ 10,782 $ 1,000 1,000
7020-0000-6091 Other Revenue $ 563,652 $ 20,000
Total Revenues $ 2,499,545 $ 2,541,858 2,572,406
7020-1050-1015 Worker's Compensation $ 582,936 $ 668,502 697,812 7020-1050-2021 Special Departmental Expense $ 395 $ 500 500 State and Federal Labor Law Posters
Employment Law Resources
Losses below Deductible
7020-1050-3030 Professional Services $ 87,144 $ 150,000 150,000 Risk Assessments/Liability Assmts
Special Counsel (ERMA)
Special Counsel (Litigation)
Attorney Legal Services
7020-1050-3040 General Administration-Ins $ 5,729 $ 6,902 8,786 7020-1050-3044 Liability & Property Ins $ 999,136 $ 1,617,507 1,620,533 CSJVRMA Liability Program
CSJVRMA Property Program
CSJVRMA Auto Physical Program
CSJVRMA Crime Shield Program
7020-1050-3051 Employee Assistance Program $ 2,245 $ 2,503 2,477 7020-1050-3053 Claim Payments/Settlements $ 842,972 $ - 7020-1050-3054 Employment Risk Management $ 70,658 $ 74,190 91,298 7020-1050-3090 Depreciation Expense $ 3,142 $ -
Total Expenditures $ 2,594,357 $ 2,520,104 $ 2,571,406

City of Atwater
Fiscal Year 2025-26 Budget
99 INFORMATION TECHNOLOGY FUND
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
FY 2025-26
Details
7030-0000-3012 SJVAPCD Grant $ - $ -
7030-0000-4087 Information Technology Charges $ 799,865 $ 782,318 $ 878,975 7030-0000-6001 Interest Earned $ 14,994 $ - $ 2,000
Total Revenues $ 814,859 $ 782,318 $ 880,975
7030-1010-1001 Salaries & Wages, Regular $ 59,798 $ 58,680 $ 61,614 IT Systems Technician $ 61,614
7030-1010-1003 Leave Accrual Buy-Out $ -
7030-1010-1004 Overtime $ 549 $ 5,000 $ 5,000
7030-1010-1008 In-Lieu Of Insurance Benefit $ -
7030-1010-1012 Fica/Medicare $ 4,198 $ 4,872 $ 5,096
7030-1010-1013 Retirement $ 21,461 $ 19,007 $ 20,310
7030-1010-1014 Health Insurance $ 7,394 $ 9,498 $ 10,321 7030-1010-1015 Worker's Compensation $ 4,774 $ 4,718 $ 4,916 7030-1050-2021 Special Departmental Expense $ 75,916 $ 135,800 $ 140,800 Computer Supplies $ 25,000
Software $ 35,000
Internet Services Civic Center #2 $ 1,800
Parner Data Dashboard $ 15,000
Workstations $ 50,000
Server Hardware/Software $ 5,000
Audio/Video Equipment $ 9,000
7030-1050-3030 Professional Services $ 172,909 $ 203,000 $ 273,950 IT Services $ 100,000
Network Security $ 10,500
Document Management System $ 60,000
Springbrook Annual Maintenance $ 93,450
Springbrook payment/budget products $ 10,000
7030-1050-3031 Communications $ 126,805 $ 159,000 $ 166,900 City Wide Phone System (NHC) $ 50,400
City-Wide Internet Service (AireSpring) $ 115,500
Cell Phone $ 1,000
7030-1050-3036 Memberships & Subscriptions $ 106,806 $ 145,414 $ 152,686 MISAC $ 185
Amazon Prime $ 2,100
Acrobat Pro $ 3,150
Access Control Hosting $ 1,365
Broadcasting $ 4,200
Website Hosting $ 31,500
Cloud Storage of Servers $ 50,400
NEOGOV $ 14,636
CivicPlus $ 8,400
System Management $ 36,750
7030-1050-3037 Travel/Conferences/Meetings $ - $ 500 $ 500 7030-1050-3038 Training $ - $ 1,300 $ 1,300
Certification $ 800
PluralSight $ 500
7030-1050-3090 Depreciation Expense $ 8,972 $ -
7030-1050-4045 Building Maint. Charges $ 1,595 $ 1,473 $ 1,403 7030-1050-4088 Risk Management Charges $ 9,190 $ 12,318 $ 12,463 7030-1050-4089 Employee Benefits Charges $ 1,681 $ 1,737 $ 1,716 7030-1050-6021 Machinery & Equipment $ - $ 20,000 $ 20,000 Hardware Replacement $ 20,000
Total Expenditures $ 602,048 $ 782,317 $ 878,975

City of Atwater
Fiscal Year 2025-26 Budget
100

SUCCESSOR AGENCY TO THE ATWATER REDEVELOPMENT
AGENCY
Overview
Pursuant to State Law the Atwater Redevelopment Agency was dissolved on February 1, 2012. The City of Atwater elected to be the Successor Agency. The City also elected to be the Housing Successor Agency. The purpose of the successor is to wind down the operations and to primarily complete legitimate projects and pay the outstanding debts - obligations of the former agency.

The primary expenses that are incurred are administrative, legal, and bond – debt expenses. The Successor prepares a Recognized Obligation Payment Schedule (ROPS) twice a year to request sufficient funds to cover the expense of the former agency. The ROPS are prepared and submitted to the County and State which review them and certify the request. Funds are then sent locally to cover the eligible expenses.

The Successor Agency also provides support to the Oversight Board. The Board was setup by law to ensure the Successor Agency is acting to dissolve the assets and pay the obligations for the former Agency.

Redevelopment Obligation Retirement Fund (RORF)
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
3064-0000-1118 ROPS Payments $ 1,067,725 $ 1,115,159 $ 1,070,793 3064-0000-6001 Interest Earned $ 31,533 $ 1,500 $ 10,000 3064-0000-8052 Trnsf Fr CommRdvlpmtPropTrust $ 190,023 $ 12,081 $ 13,091 Total Revenues $ 1,289,281 $ 1,128,740 $ 1,093,884
3064-4016-3001 City Administration Fees $ 29,422 $ 29,422 $ 29,422 3064-4016-3030 Professional Services $ 22,657 $ 50,500 $ 45,000 3064-4016-3034 Rents & Leases $ - $ 2,000 $ 2,000
3064-4016-3067 SERAF $ -
3064-9095-9106 Transf to S.A. Debt Service $ 1,031,852 $ 1,030,187 $ 1,030,929 3064-9095-9110 Transf To CommRdvlpmtPropTrust $ -
Total Expenditures $ 1,083,931 $ 1,112,109 $ 1,107,351

City of Atwater
Fiscal Year 2025-26 Budget
101
Low & Mod Income Housing Asset Fund
Revenues and Expenses:

Successor Agency Debt Service Fund
Revenues and Expenses:

Community Redevelopment Prop Trust
Revenues and Expenses:

AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
3065-0000-6001 Interest Earned $ 31,367 $ 3,000 $ 10,000 3065-0000-6022 Sale of Real Property $ 80,000 $ -
3065-0000-6091 Other Revenue $ 1,000 $ 1,000
3065-0000-8053 Trnsf Fr RdvlpmtOblgRtrmntFund $ -
Total Revenues $ 112,367 $ 4,000 $ 10,000
3065-4017-3030 Professional Services $ 1,988 $ 20,000 $ 20,000 3065-9095-9050 Trn To General Fund $ 50,000 $ 50,000
Muni Code Update
Total Expenditures $ 51,988 $ 70,000 $ 20,000
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
3066-0000-8053 Trnsf Fr RdvlpmtOblgRtrmntFund $ 1,031,852 $ 1,030,187 $ 1,030,929 Total Revenues $ 1,031,852 $ 1,030,187 $ 1,030,929
3066-8020-5010 Principal-ARA Bond $ 993,926 $ 979,000 $ 1,005,000 3066-8020-5020 Interest-ARA Bond $ 75,852 $ 51,187 $ 25,929 Total Expenditures $ 1,069,778 $ 1,030,187 $ 1,030,929
AccountNumber Description
FY 2023-24
Unaudited
FY 2024-25
Amended
Budget as of
3/24/25
FY 2025-26
BUDGET
3067-0000-4072 Project Extension Fees $ 1,584 $ 1,584 $ 1,584 3067-0000-4074 Applegate Connection Fees $ -
3067-0000-6001 Interest Earned $ 4,014 $ 400 $ 100
3067-0000-6022 Sale of Real Property $ 36,914 $ 10,414
3067-0000-6023 Sw Quad Storm Drainage Fees $ - $ -
3067-0000-8053 Trnsf Fr RdvlpmtOblgRtrmntFund $ - $ -
Total Revenues $ 42,512 $ 12,398 $ 1,684
3067-9095-9107 Transfer To RORF $ 190,023 $ 12,081 $ 13,091 Total Expenditures $ 190,023 $ 12,081 $ 13,091

102
Five Year
Capital Improvement
Program
Fiscal Years 2025-26 through 2029-30

103
DESCRIPTION 2025/26 2026/27 2027/28 2028/29 2029/30 FUNDING SOURCE

CAPITAL IMPROVEMENT PROGRAM
General Fund Capital (0003)
*Phase 2 Ped Imp Proj Downtown 1,079,237 0003 General Fund Capital - CMAQ *Phase 3 Ped Imp Proj Downtown 0003 General Fund Capital - CMAQ *Phase 4 Ped Imp Proj Downtown 3,156,621 0003 General Fund Capital - CMAQ *CityWide Signal Synchronization 1,020,653 0003 General Fund Capital - CMAQ General Fund Capital (0003) Totals 2,099,890 3,156,621

CRP (XXXX) NEED TO CREATE NEW FUND
*Phase 2 Ped Imp Proj Downtown 1,267,749 XXXX CRP (Carbon Reduction Program) Fund CRP (XXXX) Totals 1,267,749
Measure V(0007)
*Fruitland Avenue Road Improvements 200,000 0007 Measure V *CityWide Signal Synchronization 152,236 0007 Measure V Measure V(0007) Totals 152,236
Measure V20% Alternative Modes (0008)
*Active Transportation Plan 0008 Measure VAlternative Modes *Phase 2 Ped Imp Proj Downtown 391,796 0008 Measure VAlternative Modes *Phase 3 Ped Imp Proj Downtown 0008 Measure VAlternative Modes *Phase 4 Ped Imp Proj Downtown 408,974 0008 Measure VAlternative Modes Measure V20% Alternative Modes (0008) Totals 391,796 408,974 Measure VRegional Funds (0010)
*Bellevue Road Realignment 2,150,000 5,542,000 0010 Measure VRegional Funds *Buhach Widening 200,000 0010 Measure VRegional Funds
Measure VRegional Funds (0010) Totals 2,350,000 5,542,000 Local Transportation Fund (1013)
*Fruitland Avenue Road Improvements 1013 LTF Fund
*Olive Avenue Overlay 230,370 1013 LTF Fund
Local Transportation Fund (1013) Totals 230,370

104
DESCRIPTION 2025/26 2026/27 2027/28 2028/29 2029/30 FUNDING SOURCE CAPITAL IMPROVEMENT PROGRAM (continued)
Traffic Circulation Fund (1015)
*Traffic Signal at Juniper Ave & Bridgewater St. 184,000 1015 Traffic Circulation Fund Traffic Circulation Fund (1015) Totals 184,000
Regional Surface Transportation Program-RSTP (1017)
*Olive Avenue Overlay 200,000 1017 RSTP Fund
*Ace Train Platform 219,663 1017 RSTP Fund
Regional Surface Transportation Prog-RSTP (1017) Totals 200,000 219,663 SB1-Road Maintenance & Rehab RMRA (1018)
Curb, Gutter, and Sidewalk Maintenance, Repair and Replacement 200,000 1018 SB1 Fund Pavement Markings and Signage Maintenance 160,000 1018 SB1 Fund Traffic Signals Maintenance and Repairs 20,000 1018 SB1 Fund Pavement Repairs 192,583 1018 SB1 Fund
*Olive Avenue Overlay 100,000 1018 SB1 Fund
SB1-Road Maintenance & Rehab RMRA(1018) Totals 672,583
Parks & Recreation (1020)
*Osborn Park Renovation 400,000 200,000 2018 Parks Bond Act, Per Capita Grant Program Parks & Recreation (1020) Totals 400,000 200,000
Water Capital (6001)
Hydrant Replacement 6001 Water Capital Fund
*Well #20ARehab 6001 Water Capital Fund
Installation-New Water Meters 6001 Water Capital Fund
*PropertyAcq.-Future Well Site 100,000 6001 Water Capital Fund *Canal Creek UtilityCrossing 250,000 6001 Water Capital Fund Water Capital (6001) Totals 250,000 100,000

105
End CIP
DESCRIPTION 2025/26 2026/27 2027/28 2028/29 2029/30 FUNDING SOURCE CAPITAL IMPROVEMENT PROGRAM (continued)
Sewer (6010)
*Canal Creek UtilityCrossing 250,000 6010 Sewer Fund
*Castle Sewer Interceptor 1,950,000 6010 Sewer Fund
*Lower Shaffer Storm Drain Imp 6,000,000 6010 Sewer Fund *Atwater Blvd Drainage Improvements 4,000,000 6010 Sewer Fund *Eucaluptus and First St Drainage Improvements 6010 Sewer Fund Sewer (6010) Totals 8,200,000 4,000,000
Capital Improvement Projects Total 16,398,624 9,407,595 4,219,663 * Major public works projects such as land, buildings, and public infrastructure. Must conform with the City's General Plan.

106

107
Debt Service

City of Atwater
Fiscal Year 2024-25 Budget
108

DEBT SERVICE OBLIGATIONS
Debt Service - Fiscal Year 2025-26
Date Principal Interest Total
Wastewater Fund
2017A Wastewater Bonds
11/1/2025 - 1,068,044 1,068,044
5/1/2026 1,175,000 1,068,044 2,243,044
Total 1,175,000 2,136,088 3,311,088
2018A Wastewater Bonds
11/1/2025 - 198,884 198,884
5/1/2026 740,000 198,884 938,884
Total 740,000 397,769 1,137,769
Date Principal Interest Total
Successor Agency to the Atwater RDA Bonds
2017A Bonds
12/1/2025 - 12,965 12,965
6/1/2026 1,005,000 12,965 1,017,965
Total 1,005,000 25,929 1,030,929
2017B Bonds
12/1/2025 - - -
6/1/2026 - - -
Total - - -

City of Atwater
Fiscal Year 2024-25 Budget
109

INTERFUND TRANSFERS
Fund Name GL Account Description Fund Name GL Account Description Amount Purpose General Fund 0001-9095-9069
Transf. to Maint
District Funds
Maintenance
Districts 5000-0000-8001
Transf. from
General Fund $ 145,000
General Benefit
Contribution to Maint
Districts/Shortfall*
General Benefit
Contribution to
Maint Districts
Maintenance
Districts (Shortfall)
General Fund 0001-9095-9084
Transf. to Emp.

Benefits Fund
Emp.

Benefits
Fund 7010-0000-8001
Transf. from
General Fund $ 100,000
Contrib to PARS - to
help fund unfunded
OPEB/Retirement
Reserve for OPEB
Obligations
Reserve for Pension
Obligations
General Fund 0001-9095-9111
Transf. to ISF
Equip/
BldgReplac
ISF
Equip/Bldg
Replac 7001-0000-8001
Transf. from
General Fund $ 100,000
Contrib to ISF
Equipment/Building
Replacement Fund
General Fund 0001-9095-9057
Transf. to Gas
Tax/Street
Improv
Gas Tax
Fund 1011-0000-8001
Transf. from
General Fund $ 512,728
Contrib to Gas Tax
Fund for Road Maint.

General Fund 0001-9095-XXXX
Transf. to CFDPublic Safety CFD 5050-0000-XXXXTransf. from General Fund $ 160,821
General Fund
subsidy/Shortfall*
Water Fund 6000-9095-9050
Transf. to
General Fund
General
Fund 0001-0000-8005
Transf. from Water $ 152,375 Hydrant Maintenance
Employee
Benefits Fund 7010-9095-9112
Transf. to
Pension Rate
Stblztn
Pension
Rate Stblztn
Fund 4080-0000-8060
Transf. from
Emp. Benefits
Fund $ 50,000
Contrib to PARS - to
help fund unfunded
OPEB/Retirement

RDVLPMNT
Obligation 3064-9095-9106
Transf. to S.A.

Debt Service
SA Debt
Service 3066-0000-8053
Transf. from
RdvlpmtOblgRtr $ 1,030,929 Debt Service
Community

RDVLPMNT
Prop Trust 3067-9095-9107 Transf. to RORF

RDVLPMNT
OblgRtrmnt 3064-0000-8052
Transf. from
CommRdvlpmtPr
opTrust $ 13,091
From Community
Redevelopment Prop
Trust to RORF
Total Transfers: $ 2,264,944
*Denotes a transfer amount based
on estimate. The actual transfer
amount may vary based on actual
expenses throughout the year.

Interfund Transfers
City of Atwater
From (Expenditure) To (Revenue)
Fiscal Year 2025-26
Successor Agency to the Atwater Redevelopment Agency

123
Supplemental

124

125

126

127

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3539-25

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ESTABLISHING THE FISCAL
YEAR 2025-26 APPROPRIATIONS LIMITATION
WHEREAS, the people of California on November 6, 1979, added Article XIIIB to the State Constitution placing various limitations on the appropriations of state and local governments; and
WHEREAS, the State Legislature adopted Chapters 1205 and 1342 of the 1980 Statutes which implemented Article XIIIB; and
WHEREAS, the people of California on June 5, 1990 amended Article XIIIB effective July 1, 1990; and
WHEREAS, the provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued through the League of California Cities revised guidelines to calculate the appropriations limitation (GANN Limit); and
WHEREAS, Section 7910 of the California Government Code requires cities to adopt a resolution setting the annual appropriations limitation (GANN Limit) at a regularly scheduled meeting or a noticed special meeting; and
WHEREAS, the City of Atwater has complied with the provisions of Article XIIIB in calculating the Appropriations Limitation (GANN Limit) for Fiscal Year 2025-26.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater that pursuant to the appropriations limitation formula set forth in California Government Code Sections 7900-7913, the City Council hereby establishes the appropriations limitation (GANN Limit) for the 2025-26 fiscal year for the City of Atwater at $66,711,927 as documented in Exhibit A, attached hereto and incorporated here by reference.

BE IT FURTHER RESOLVED that any challenge to the appropriations limitation as per the above-mentioned codes must be brought to the City of Atwater’s attention within sixty (60) days of the effective date of this resolution.

The foregoing resolution is hereby adopted this 9th day of June 2025.

Resolution No. 3539-25 Appropriations Limitation Page 2 AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

EXHIBIT “A”

APPROPRIATIONS LIMITATION
The appropriations limitation imposed by Proposition 4 and amended by Proposition 111 creates a restriction on the amount of revenue which can be appropriated in any fiscal year.

The revenues which are subject to the limitation are those considered “proceeds of taxes.” The basis for calculating the limit began in 1978-79 and is increased each year based on population growth and inflation.

FY 2024-25 Limitation: $62,775,879
Annual Adjustment for Fiscal Year 2025-26 Calculations:

Change in population = -0.18 percent
Change in per capita personal income = 6.44 percent
Population Factor Converted to a Ratio = .9982
Per Capita Factor Converted to a Ratio = 1.0647
Calculation of factor for FY 2025-26: .9982 x 1.0647 = 1.0627 Calculation of FY 2025-26 Appropriations Limitation:

$62,775,879 X 1.0627 = $66,711,927
******************************************************************** FY 2025-26 Appropriations = $ 85,169,612
Less: Funds Not Subject to Limit
Successor Agency to Atwater Redevelopment Agency ($1,030,929) Water Enterprise Fund (Capital Outlay) ($2,425,000)
Wastewater Enterprise Fund ($8,451,000)
Sanitation Enterprise Fund ($5,021,293)
Capital Outlay (non-Enterprise Funds) ($9,573,061)
Less: Non-Tax Revenue ($6,450,136)
Appropriations Subject to Limitation $52,218,193

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-255

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CITY OF

ATWATER CLASSIFICATION PLAN AND

ADOPTING SALARY SCHEDULE
A-266 EFFECTIVE JUNE 19, 20255
WHEREAS, the City Council adopted Resolution No. 2088-05 revising the City of Atwater Classification Plan; and
WHEREAS, Salary Schedule C-25, effective February 24, 2025, was adopted by Resolution No. 3519-25 on February 24, 2025; and
WHEREAS, the City Council approves and adopts a salary schedule for the Classification Plan and/or directs the City Manager to prepare and/or update said schedule to reflect City Council direction; and
WHEREAS, the salary schedule is being modified to implement contractual monetary obligations agreed upon in Memorandum of Understandings (MOUs), and to record classifications approved in the FY 2025-2026 budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby amend the salary schedule as shown in “Exhibit A,” and directs the City Manager to update the salary schedule as approved.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions, corrections, or alterations to the text of the classifications described in “Exhibit A” to correct language changes, modify job descriptions, or to comply with the requirements of the law.

Resolution No. XXXX-255 Page 2
The foregoing resolution is hereby adopted this 9
th day of June 2025.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

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

Exhibit A

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

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

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

25.8548 27.1476 28.5050 29.9302 31.4267 32.9981
Accountant II CU 270 5001.59 5251.67 5514.25 5789.96 6079.46 6383.44 2308.43 2423.85 2545.04 2672.29 2805.91 2946.20
60019.07 63020.02 66171.02 69479.57 72953.55 76601.23

28.8553 30.2981 31.8130 33.4036 35.0738 36.8275
Accounting Technician CU 235 3977.60 4176.49 4385.31 4604.57 4834.80 5076.54 1835.82 1927.61 2023.99 2125.19 2231.45 2343.02
47731.26 50117.82 52623.71 55254.90 58017.64 60918.52

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

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

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

28.5484 29.9758 31.4746 33.0483 34.7007 36.43575
Assistant Planner MU 257 4578.67 4807.61 5047.99 5300.39 5565.41 5843.68 2113.23 2218.90 2329.84 2446.33 2568.65 2697.08
54944.07 57691.28 60575.84 63604.63 66784.86 70124.11

26.4154 27.7362 29.1230 30.5792 32.1081 33.7135
Associate Planner MU 275 4933.57 5180.25 5439.26 5711.23 5996.79 6296.63 2277.03 2390.89 2510.43 2635.95 2767.75 2906.14
59202.87 62163.02 65271.17 68534.73 71961.46 75559.54

28.4629 29.8861 31.3804 32.9494 34.5969 36.3267
Building Maintenance Worker I MU 130 2995.29 3145.06 3302.31 3467.43 3640.80 3822.84 1382.44 1451.57 1524.14 1600.35 1680.37 1764.39
35943.52 37740.70 39627.73 41609.12 43689.58 45874.06

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

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

20.7555 21.7933 22.8829 24.0271 25.2284 26.4899
Building Permit Technician II MU 187 3966.38 4164.70 4372.94 4591.58 4821.16 5062.22 1830.64 1922.17 2018.28 2119.19 2225.15 2336.41
47596.60 49976.43 52475.25 55099.01 57853.96 60746.66

22.8830 24.0271 25.2285 26.4899 27.8144 29.2051
Chief Building Official/Fire Code Official MM 308a 8239.35 8651.32 9083.88 9538.08 10014.98 10515.73 3802.78 3992.91 4192.56 4402.19 4622.30 4853.41
98872.18 103815.78 109006.57 114456.90 120179.75 126188.74

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

49.2024 51.6625 54.2456 56.9579 59.8058 62.7961

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-26 EFFECTIVE JUNE 19, 2025
1

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-26 EFFECTIVE JUNE 19, 2025
City Manager EM 340 13673.71 14357.40 15075.27 15829.03 16620.48 17451.51 6310.94 6626.49 6957.82 7305.71 7670.99 8054.54
164084.54 172288.77 180903.21 189948.37 199445.79 209418.08

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

29.0467 30.4991 32.0240 33.6252 35.3065 37.0718
Code Enforcement Manager MM 299 5998.65 6298.58 6613.51 6944.18 7291.39 7655.96 2768.61 2907.04 3052.39 3205.01 3365.26 3533.52
71983.77 75582.95 79362.10 83330.21 87496.72 91871.55

34.6076 36.3380 38.1549 40.0626 42.0657 44.1690
Code Enforcement Officer MU 175 3853.63 4046.31 4248.62 4461.05 4684.11 4918.31 1778.60 1867.53 1960.90 2058.95 2161.90 2269.99
46243.52 48555.69 50983.48 53532.65 56209.28 59019.75

22.2325 23.3441 24.5113 25.7369 27.0237 28.3749
Community Development Director DD 337 10766.51 11304.83 11870.07 12463.58 13086.76 13741.09 4969.16 5217.61 5478.50 5752.42 6040.04 6342.04
129198.08 135657.98 142440.88 149562.92 157041.07 164893.12

62.1145 65.2202 68.4812 71.9053 75.5005 79.2755
Community Services Officer PU 160 3768.23 3956.64 4154.47 4362.19 4580.30 4809.32 1739.18 1826.14 1917.45 2013.32 2113.99 2219.69
45218.72 47479.66 49853.64 52346.32 54963.64 57711.82

21.7398 22.8268 23.9681 25.1665 26.4248 27.7461
Executive Assistant CU 183 3953.19 4150.84 4358.39 4576.31 4805.12 5045.38 1824.55 1915.77 2011.56 2112.14 2217.75 2328.64
47438.23 49810.14 52300.65 54915.68 57661.46 60544.53

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

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

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

30.5374 32.0642 33.6674 35.3508 37.1184 38.9743
Human Resources Assistant CL 155c 3460.16 3633.17 3814.83 4005.57 4205.85 4416.14 1597.00 1676.85 1760.69 1848.73 1941.16 2038.22
41521.96 43598.06 45777.96 48066.86 50470.20 52993.71

19.9625 20.9606 22.0086 23.1091 24.2645 25.4777
Human Resources Director DD 335b 9284.85 9749.09 10236.55 10748.37 11285.79 11850.08 4285.32 4499.58 4724.56 4960.79 5208.83 5469.27
111418.20 116989.10 122838.56 128980.49 135429.51 142200.99

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

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

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

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

22.7905 23.9300 25.1265 26.3829 27.7020 29.0871
2

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-26 EFFECTIVE JUNE 19, 2025
Parks Maintenance Worker I MU 165b 3362.42 3530.55 3707.07 3892.43 4087.05 4291.40 1551.89 1629.48 1710.96 1796.50 1886.33 1980.65
40349.09 42366.54 44484.87 46709.11 49044.57 51496.80

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

21.2693 22.3327 23.4494 24.6219 25.8529 27.1456
Planning Technician MU 225c 3763.58 3951.76 4149.35 4356.82 4574.66 4803.39 1737.04 1823.89 1915.08 2010.84 2111.38 2216.95
45163.00 47421.15 49792.21 52281.82 54895.91 57640.70

21.7130 22.7986 23.9386 25.1355 26.3923 27.7119
Police Chief DD 338 12562.53 13190.66 13850.19 14542.70 15269.84 16033.33 5798.09 6088.00 6392.40 6712.02 7047.62 7400.00
150750.41 158287.93 166202.33 174512.45 183238.07 192399.97

72.4762 76.1000 79.9050 83.9002 88.0952 92.5000
Police Clerk I PU 140b 3088.72 3243.16 3405.32 3575.58 3754.36 3942.08 1425.56 1496.84 1571.68 1650.27 1732.78 1819.42
37064.68 38917.91 40863.81 42907.00 45052.35 47304.97

17.8196 18.7105 19.6461 20.6284 21.6598 22.7428
Police Clerk II PU 155b 3396.17 3565.98 3744.28 3931.49 4128.07 4334.47 1567.46 1645.84 1728.13 1814.54 1905.26 2000.53
40754.06 42791.76 44931.35 47177.92 49536.81 52013.65

19.5933 20.5730 21.6016 22.6817 23.8158 25.0066
Police Corporal PU 244 6698.93 7033.88 7385.57 7754.85 8142.59 8549.72 3091.81 3246.41 3408.73 3579.16 3758.12 3946.03
80387.18 84406.54 88626.87 93058.21 97711.12 102596.67

38.6477 40.5801 42.6091 44.7395 46.9765 49.3253
Police Officer PU 230 5907.90 6203.30 6513.46 6839.13 7181.09 7540.15 2726.72 2863.06 3006.21 3156.52 3314.35 3480.07
70894.81 74439.56 78161.53 82069.61 86173.09 90481.74

34.0840 35.7882 37.5777 39.4565 41.4294 43.5008
Police Officer Recruit PU 116 4278.31 4492.22 4716.84 4952.68 5200.31 5460.33 1974.60 2073.33 2177.00 2285.85 2400.14 2520.15
51339.70 53906.69 56602.02 59432.12 62403.73 65523.91

24.6825 25.9167 27.2125 28.5731 30.0018 31.5019
Police Lieutenant MM 315 9295.29 9760.06 10248.06 10760.46 11298.48 11863.41 4290.13 4504.64 4729.87 4966.37 5214.69 5475.42
111543.49 117120.67 122976.70 129125.54 135581.81 142360.90

53.6267 56.3080 59.1234 62.0796 65.1836 68.4427
Police Sergeant PU 295 7771.86 8160.45 8568.47 8996.90 9446.74 9919.08 3587.01 3766.36 3954.68 4152.41 4360.04 4578.04
93262.31 97925.43 102821.70 107962.78 113360.92 119028.97

44.8377 47.0795 49.4335 51.9052 54.5004 57.2255
Project Accountant/Successor Agency Assistant CU 240b 4370.84 4589.38 4818.85 5059.79 5312.78 5578.42 2017.31 2118.18 2224.08 2335.29 2452.05 2574.66
52450.07 55072.57 57826.20 60717.51 63753.39 66941.06

25.2164 26.4772 27.8011 29.1911 30.6507 32.1832
Public Safety Communications Supervisor PU 228 5077.71 5331.60 5598.18 5878.09 6171.99 6480.59 2343.56 2460.74 2583.77 2712.96 2848.61 2991.04
60932.56 63979.18 67178.14 70537.05 74063.90 77767.10

29.2945 30.7592 32.2972 33.9120 35.6076 37.3880
Public Safety Dispatcher PU 170 4132.93 4339.57 4556.55 4784.38 5023.60 5274.78 1907.51 2002.88 2103.02 2208.18 2318.58 2434.51
49595.13 52074.89 54678.63 57412.57 60283.19 63297.35

23.8438 25.0360 26.2878 27.6022 28.9823 30.4314
Public Safety Records Supervisor PU 227 5077.71 5331.60 5598.18 5878.09 6171.99 6480.59 2343.56 2460.74 2583.77 2712.96 2848.61 2991.04
60932.56 63979.18 67178.14 70537.05 74063.90 77767.10

29.2945 30.7592 32.2972 33.9120 35.6076 37.3880
Public Works Director DD 325 10755.85 11293.64 11858.32 12451.24 13073.80 13727.49 4964.24 5212.45 5473.07 5746.72 6034.06 6335.76
129070.16 135523.66 142299.85 149414.84 156885.58 164729.86

62.0530 65.1556 68.4134 71.8341 75.4258 79.1970
3

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-26 EFFECTIVE JUNE 19, 2025
Public Works Superintendent MM 308b 7291.45 7656.02 8038.82 8440.77 8862.80 9305.94 3365.28 3533.55 3710.23 3895.74 4090.52 4295.05
87497.40 91872.28 96465.89 101289.18 106353.64 111671.32

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

22.2907 23.4053 24.5755 25.8043 27.0945 28.4492
Recreation Leader MU 118 2860.00 3003.00 3153.15 3310.81 3476.35 3650.17 1320.00 1386.00 1455.30 1528.07 1604.47 1684.69
34320.00 36036.00 37837.80 39729.69 41716.17 43801.98

16.5000 17.3250 18.1913 19.1008 20.0559 21.0586
Recreation Supervisor MM 301a 5303.52 5568.70 5847.13 6139.49 6446.46 6768.79 2447.78 2570.17 2698.68 2833.61 2975.29 3124.06
63642.26 66824.37 70165.59 73673.87 77357.56 81225.44

30.5972 32.1271 33.7335 35.4201 37.1911 39.0507
Senior Planner MM 303 6135.92 6442.71 6764.85 7103.09 7458.25 7831.16 2831.96 2973.56 3122.24 3278.35 3442.27 3614.38
73631.00 77312.55 81178.18 85237.09 89498.94 93973.89

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

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

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

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

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

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

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

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

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

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

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

27.87 29.26 30.72 32.26 33.87 35.57
4

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

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE A-26 EFFECTIVE JUNE 19, 2025
Seasonal/Temporary Employees: HOURLY RATES
Finance Analyst - Special Projects TL 063 65.00
Reserve Police Officer TL 053 22.00
Reserve Firefighter TL 051 16.50
Reserve Firefighter (OES Specl Assig) TL 099
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on this EM - Executive Management schedule is not guaranteed the hourly rate listed. The City Manager, at his/her DD - Department Director sole discretion, may appoint at a lower hourly rate so long as the hour rate is MM - Mid Management equal to the mandatory minimum wage rate.

CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee Adopted by City Council Resolution No. XXXX-25 TL - Temporary/Limited Service Dated June 9, 2025
Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov. 5

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 9, 2025
TO: Mayor and City Council
FROM: Robert Ayuso, CAL FIRE-Battalion Chief

PREPARED
BY:

Robert Ayuso, CAL FIRE-Battalion Chief
SUBJECT: Approving a Cost Share Agreement with Merced County for a Fire Equipment Mechanic (CAL Fire Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3543-25 Approving a Cost Share Agreement, in a form approved by the City Attorney, with the County of Merced, from July 1, 2025, to June 30, 2026, for a Fire Equipment Mechanic for Heavy Equipment in an amount not to exceed $65,000; and authorizes and directs the City Manager to execute all contract documents on behalf of the City; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

Maintaining fire apparatus and heavy equipment in peak condition is critical to ensuring operational readiness, emergency response capabilities, and compliance with regulatory standards. Several key operational and financial advantages highlight the long-term value and efficiency of utilizing a county mechanic. While baseline service costs between in-house and vendor repairs may appear similar, the broader operational and financial impacts are not. A dedicated county mechanic offers:
· Faster turnaround times (current average timeframe for simple annual maintenance is 3–4 months) · Lower parts costs through in-house rebuilding of various parts. · Improved deployment readiness and revenue opportunities. · Increased safety and regulatory compliance
· Streamlined recordkeeping and transparency.

Investing in County servicing not only preserves the functionality and lifespan of critical equipment— it enhances the department’s ability to respond effectively and generate revenue through mutual aid and state mission participation through Assistance By Hire. Although there will still be times that the apparatus may need to get sent out, it's anticipated that the City will not only have an overall substantial cost savings but also be able to keep equipment in service longer and allow the ability to build revenue through out-of-County requests.

II. FISCAL IMPACTS:

Currently, in fiscal year 24/25, the City has spent approximately $124,000 in annual

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

Agenda Report - Approving a Cost Share Agreement with Merced County for a Fire Equipment Mechanic (CAL Fire Battalion Chief Ayuso) Page 2

costs on the maintenance and service of the Fire Equipment when outsourcing to a third party. These costs also only account for three of the four heavy fire equipment apparatus to get serviced. Costs for the proposed cost share agreement are budgeted in the proposed 2025-26 budget. $65,000 is allocated in the Fiscal Year 2025-2026 budget under General Fund-Fire-Professional Services, 0001-2030-3030. The agreement is not to exceed $65,000 and will be paid based on actual costs.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

Retain current status of equipment maintenance which consists of outsourcing majority of the repairs and routine maintenance with a third party.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Following adoption, the City Clerk's office will finalize the Resolution and work with the Fire Department and City Manager's office to fully execute all needed documentation.

Submitted by:

Agenda Report - Approving a Cost Share Agreement with Merced County for a Fire Equipment Mechanic (CAL Fire Battalion Chief Ayuso) Page 3

___________________________________________________________________ ________________________________________________________________ Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Resolution No. XXXX-25 Cost Share Agreement with County of Merced

2. City of Atwater fire mech 052825 (002)-c1 final

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER, CALIFORNIA, APPROVING

A COST SHARE AGREEMENT WITH THE
COUNTY OF MERCED FROM JULY 1, 2025, TO
JUNE 30, 2026, FOR A FIRE EQUIPMENT

MECHANIC FOR HEAVY EQUIPMENT
WHEREAS, the City of Atwater desires to contract with Merced County for special services which consist of a Heavy Equipment Mechanic to perform the duties of a Heavy Equipment Mechanic I/II; and
WHEREAS, Merced County is specially trained, experienced, and competent to perform such services in connection with placement of a Heavy Equipment Mechanic; and WHEREAS, the parties anticipate the Heavy Equipment Mechanic’s job site will be at a Merced County building/property; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater hereby finds and declares the following:

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

2. The City Council of the City of Atwater, California approves a Cost Share Agreement, in a form approved by the City Attorney, with the County of Merced, from July 1, 2025, to June 30, 2026, for a Fire Equipment Mechanic for Heavy Equipment in an amount not to exceed $65,000; and authorizes and directs the City Manager to execute all contract documents on behalf of the City.

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 9th day of June 2025.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

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

1 AGREEMENT FOR SPECIAL SERVICES

BETWEEN

COUNTY OF MERCEDAND

THE CITY OF ATWATER
CONTRACT NO. __________
THIS AGREEMENT, is made and entered into by and between the County of Merced, on behalf of its Fire Department, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Atwater, for the purposes set forth below (hereinafter referred to as "City").

WHEREAS, City desires to contract with County for special services which consist of a Heavy Equipment Mechanic to perform the duties of a Heavy Equipment Mechanic I/II; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with placement of a Heavy Equipment Mechanic; and WHEREAS, the parties anticipate the Heavy Equipment Mechanic’s job site will be at a Merced County building/property; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:

1. SCOPE OF SERVICES
County shall provide Heavy Equipment Mechanic services in accordance with the terms and conditions stated herein. County’s services include, but are not limited to, the following:

Maintenance and Repair:
• Perform scheduled preventative maintenance on fire apparatus and heavy equipment.
• Repair and troubleshoot mechanical issues, including engines, transmissions, brakes, and electrical systems.
• Service firefighting-specific components, such as pumps, foam systems, extrication tools, and auxiliary equipment.

Inspections:
• Conduct annual safety inspections to ensure compliance with NFPA and DOT standards.
• Inspect apparatus readiness and certify that equipment is operationally safe and reliable.

2 Emergency Repairs:
• Provide rapid response for urgent equipment repairs during incidents. • Coordinate repairs with department leadership to minimize operational downtime.

Recordkeeping:
• Maintain detailed service logs for all apparatus and equipment, ensuring transparency for both County and City operations.
• Utilize shared software or compatible tracking systems to provide accessible maintenance records.

2. CITY COVENANTS
The City acknowledges and agrees that the provision of Heavy Equipment Mechanic services does not relieve either the County or the City of their respective legal obligations under applicable laws. Both parties remain independently responsible for compliance with mandatory reporting laws, including reporting unsafe or unfit equipment, environmental and hazardous waste regulations, workplace safety standards, and vehicle registration and certification requirements. Any legal violations resulting from non-compliance with these laws will be the sole responsibility of the respective agency, and the shared Heavy Equipment Mechanic will promptly report any concerns about potential noncompliance matters to the appropriate agency.

The City acknowledges and agrees that the Heavy Equipment Mechanic, County, or the Merced County Fire Department are not responsible or liable for any matters occurring out of the Heavy Equipment Mechanic’s presence at any City site, at any City or City staff function or activity site, and/or at any location where city officials or its employees are present, unless such matters arise out of or result from the active negligence of the County.

Any overtime request must be approved in advance by the respective County or City Fire Chief or their designee in writing, with a defined scope of service.

Overtime approved by the City Fire Chief for afterhours work or service calls will be reimbursed to the County by the City.

3. TERM
The term of this Agreement shall commence on the 1st day of July, 2025, and continue until the 30th day of June, 2026, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE”, as set forth elsewhere in this Agreement.

3 4. COMPENSATION
The County and the City will each contribute fifty percent (50%) of the total costs associated with the Heavy Equipment Mechanic. This includes the mechanic’s base salary, health and retirement benefits, accrued overtime costs, mandatory employer contributions (e.g., payroll taxes and workers’ compensation), and any expenses related to required training or certifications. Both parties will review and reconcile these costs on a quarterly basis to ensure accuracy and equitable sharing.

Each agency will independently procure and cover the costs of all necessary parts, materials, and consumables required for the maintenance and repair of their respective apparatus. The Heavy Equipment Mechanic will document all parts and materials used for each repair, and the responsible agency will be invoiced accordingly. Invoices will be itemized and provided monthly, detailing all associated costs for review and reconciliation.

The County and City will equally share the cost of an annual uniform allowance, which will cover uniform purchase, replacement, and maintenance. The allowance amount will be reviewed and agreed upon annually
Any and/or all payments made under this Agreement shall be paid by check, payable to the order of County and be mailed to County at:

Name: Merced County Fire Department
c/o Merced County Auditor
Division: Merced County Fire Department
Address: 2222 M Street
City/State/Zip: Merced, CA 95340
County may request that City mail the check to County to such other address as County may from time to time designate to City. Such request must be made in writing in accordance with the procedures as outlined under Section 6, “NOTICES”.

5. TERMS OF PAYMENT
Payment shall be only for full and complete satisfactory performance of the services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:

County shall submit Quarterly itemized invoices, or alternate documentation as deemed appropriate in advance by City, for services it has provided and for the amount owed under this Agreement. Invoices shall be forwarded to the City at the City address indicated under Section 6, “NOTICES” of this Agreement.

The fee due hereunder shall be paid to County within thirty (30) days following

4 receipt of a proper invoice.

6. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the City, notice is effective upon delivery.

B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.

Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:

County of Merced c/o City of Atwater c/o
Merced County Fire Atwater City Fire
2222 “M” Street 1160 5th Street
Merced, CA 95340 Atwater, CA 95301
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

7. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by either party at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.

Upon effective date of termination, City shall have no further liability to County except for payment for actual services incurred during the performance hereunder.

5 Such liability is limited to the time specified in said notice and for services not previously reimbursed by City. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by County prior to, and in connection with, discontinuing the work hereunder.

8. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto

9. INSURANCE
Prior to the commencement of work, and as a precondition to this agreement, both parties shall maintain insurance or self-insurance coverage for its wrongful acts, errors and/or omissions arising from the performance of its duties under this agreement with minimum limits of:

Commercial General Liability (CGL) $1,000,000 per occurrence covering products and completed operations, bodily injury, personal injury and property damage;
Automobile Liability insurance with limits no less than $1,000,000 per accident for bodily injury and property damage;
and Workers Compensation Insurance as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident, during the term of the Agreement.

Each Party shall provide the other certificates of insurance upon request. Each Party and its officers, employees and agents shall be endorsed to the other’s CGL policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from their performance of this Agreement.

10. INDEMNIFICATION
The City shall indemnify, defend, and hold harmless the County its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned Heavy Equipment Mechanic’s performance of work or his or her

6 failure to comply with any of its obligations contained in the Agreement, except such loss or damage caused by the active negligence by the County or the gross or willful misconduct of the assigned Heavy Equipment Mechanic.

The County shall indemnify, defend, and hold harmless the City its officials, employees, and volunteers from and against any and all liability, claims, damage, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned Heavy Equipment Mechanic’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage caused by the active negligence by the City.

Where fault is determined to have been comparative, principles of comparative fault will be followed, and each party shall bear the proportionate cost of any damage attributed to the fault of that party, its directors, agents, employees, volunteers, or subcontractors. Each party shall promptly notify the other party of any claims or legal actions arising out of the performance of this Agreement.

If the City rejects a tender of defense by the County and/or the Heavy Equipment Mechanic under this Agreement, and it is later determined that the County and/or the Heavy Equipment Mechanic breached no duty of care and/or was immune from liability, the City shall reimburse the County and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and costs). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the County and/or officer settles a liability claim, with or without participation by the City.

If the County rejects a tender of defense by the City under this Agreement, and it is later determined that the City breached no duty of care and/or was immune from liability, the County shall reimburse the City and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and costs). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or officer settles a liability claim, with or without participation by the County.

The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City, or by the County or its assigned employee, that either Pary would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care by by either Party. The Parties further acknowledge that by entering into this Agreement neither Party intends to waive any immunities to which they would be entitled to in absence of the Agreement.

11. INDEPENDENT CONTRACTOR

7 It is mutually understood and agreed that County is an independent entity in the performance of the work duties and obligations devolving upon County under this Agreement. County shall neither have, nor exercise any control or direction over the methods by which City shall receive and use the services provided. The contractual interest of County is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.

It is mutually understood and agreed that no employer-employee relationship is created and each party shall be responsible for withholding, reporting and payment of any federal, state or local taxes, contributions or premiums imposed or required by workers’ compensation, unemployment insurance, social security, income tax, other statutes or codes applying to the other party, or its employees, if any.

It is mutually agreed and understood that City, its subcontractors and employees, if any, shall have no claim under this Agreement or otherwise against the County for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.

City shall insure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted services are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.

12. RECORDS, INFORMATION AND REPORTS
County shall maintain full and accurate records with respect to all matters, including necessary records related to vehicle repairs and maintenance, covered under this Agreement. To the extent permitted by law, City shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.

13. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

14. COUNTY NOT OBLIGATED TO THIRD PARTIES

8 County shall not be obligated or liable hereunder to any party other than City.

15. LAWS, LICENSES, PERMITS AND REGULATIONS
The parties agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to the parties, their subgrantees, contractors, or subcontractor, and their work.

16. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.

Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.

17. BREACH OF CONTRACT
Upon breach of this Agreement by City, County shall have all remedies available to it both in equity and/or at law.

18. SUCCESSORS IN INTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.

19. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND

FACILITIES
The parties and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental

9 disability. Each party shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.

The parties represent that they are in compliance with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.),and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.

The parties shall include this nondiscrimination provision in all subcontracts related to this Agreement.

20. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.

21. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected.

Reduced compensation will allow County to withdraw from any service obligation.

22. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.

23. LICENSE AND PERMITS
City shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.

Signature page to follow

10 County of Merced City of Atwater
By ____________________ By _________________________
Joshua M. Pedrozo Michael Nelson, Mayor
Board Chair, Board of Supervisors
________________________ ____________________________
Dated Dated

APPROVED AS TO LEGAL FORM

MERCED COUNTY COUNSEL
By ________________________
Rina M. Gonzales
Chief Deputy County Counsel
___________________________
Dated

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 9, 2025
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Awarding a General Construction Contract with Consolidated Engineering Inc. for Olive Avenue Overlay (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to adopt a Resolution 3542-25 awarding a General Construction Contract, in a form approved by the City Attorney, to Consolidated Engineering Inc. of Valley Springs, CA, for the Olive Avenue Overlay Project, City Project 24-07, in an amount not to exceed $447,327.00 and authorizes construction contract change orders up to an aggregate amount of $44,732.70 (10%); and authorizes and directs the Interim City Manager or designee to execute all contract documents on behalf of the City; or Motion to approve staff's recommendations as presented.

I. BACKGROUND/ANALYSIS:

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

In 2018, Dynatest performed a network-level condition survey of the City's pavements and used the Pavement Condition Index (PCI) method in assessing the condition of the City's pavements. The PCI method is a more objective and repeatable method for assessing pavement conditions and is widely used in the industry. The condition assessment of Olive Avenue, between Winton Way and the city limits, resulted in a very poor condition. If funding wasn't an issue, staff would recommend a full reconstruction of this section of Olive Avenue due to the poor condition of the roadway, but since the city is limited in funds, especially in its Gas Tax Fund, staff is recommending an overlay on both streets.

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

Agenda Report - Awarding a General Construction Contract with Consolidated Engineering Inc. for Olive Avenue Overlay (Public Works Director Vinson) Page 2

The specifications and scope of work included in the overlay of Olive Ave will consist of grinding the existing asphalt concrete, installation of an asphalt paving mat, and an overlay of 1 1/2" of asphalt concrete over the mat. This is approximately 185,650 square feet of pavement overlay. This will also include approximately 50 feet of overlay on intersecting streets that do not have a valley gutter. The estimated cost of construction was $696,000 for the bid.

Bid proposals for this project were opened on Thursday, May 15, 2025, at 2:00 P.M. and were totaled and reviewed for responsiveness. Six (6) bid proposals were received.

The Bid Summary (Exhibit “A”) shows the bid amounts ranging from $447,327.00 to $681,277.00.

Staff has reviewed the bids and determined that the bid submitted by Consolidated Engineering Inc. of Valley Springs, California in the amount of $447,327.00 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. Staff is recommending a total construction budget of $492,059.70. This total budget includes the construction contract amount of $447,327.00 for bid items and $44,732.70 contingency with contractor.

II. FISCAL IMPACTS:

Sufficient funding for this project is available in the Local Transportation Fund, Regional Surface Transportation Fund, and SB-1 Road Maintenance and Rehab Fund Olive Ave Overlay Account No's. 1013.1080.X014, 1017.1080.X014, and 1018.1080.X014.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

Agenda Report - Awarding a General Construction Contract with Consolidated Engineering Inc. for Olive Avenue Overlay (Public Works Director Vinson) Page 3

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Following City 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
Approved by:

Chris Hoem, City Manager
Attachments:

1. 24-07 Bid Summary

2. Resolution XXXX-25 Awarding Construction Contract with Consolidated Engineering, Inc.

3. Consolidated Engineering, Inc. Construction Contract

CITY OF ATWATER

PUBLIC WORK DEPARTMENT

BID SUMMARY
Olive Avenue Overlay Project
Project No. 24-07; Bid Call No. 733-25
Bid Opening: May 15,2025; Engineer’s Estimate: $696,000.00 No. Contractor Base Bid
1 Consolidated Engineering Inc.

P.O Box 701
Valley Springs, CA 95252
$447,327.00
2 Cal Valley Construction
5125 N. Gates Ave. Suite 102
Fresno, CA 93722
$549,760.00
3 United Pavement Maintenance
P.O Box 1017
Hughson, CA 95326
$574,669.00
4 Rolfe Construction
3573 Southern Pacific Ave
Atwater, CA 95301
$598,341.00
5 Agee Construction Corporation
P.O Box 629
Clovis, CA 93613
$608,124.00
6 Machado & Sons Construction Inc.
1000 S. Kilroy Road
Turlock, CA 95380
$681,277.00

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AWARDING A GENERAL CONSTRUCTION

AGREEMENT TO CONSOLIDATED ENGINEERING INC OF

VALLEY SPRINGS, CA FOR OLIVE AVENUE OVERLAY

PROJECT
WHEREAS, Olive Avenue is a street located in the City of Atwater and the County of Merced; and
WHEREAS, the pavement on Olive Avenue is in very poor condition; and WHEREAS, there is approximately 185,650 square feet of pavement that needs replacement; and
WHEREAS, the work also includes wedge grinding, restriping, and installing geosynthetic fabric below the new asphalt; and
WHEREAS, The city received six bids for the project with Consolidated Engineering, Inc. coming in as the lowest responsive and responsible bidder at $447,327.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby award a General Construction Agreement, in a form approved by the City Attorney, to Consolidated Engineering, Inc. of Valley Springs, CA in an amount not to exceed $447,327.00 and 10% contingency of $44,732.70 for the Olive Avenue Overlay Project.

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 9th day of June 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CITY OF ATWATER

CONSTRUCTION CONTRACT

OLIVE AVENUE OVERLAY

1. PARTIES AND DATE.

This Contract is made and entered into this 9
th day of June, 2025 by and between the City
of Atwater, a public agency of the State of California (“City”) and Consolidated Engineering, Inc., a contractor with its principal place of business in Valley Springs, California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing heating ventilating and air conditioning related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class A or C-12 License.

2.3 Project. City desires to engage Contractor to render such services for the Olive Avenue Overlay Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
• Addenda
• Change Orders executed by the City

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, 1

and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
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Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 30 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of $447,327.00 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which 4

Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s 5

principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works 6

project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
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3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance 8

with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality.

Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions 9

limits and permitting requirements imposed by the San Joaquin Valley Air Pollution Control District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or 10

otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and 11

what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 12

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 13

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the 14

subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive 15

or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages 16

for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so 17

corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the city manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on 18

behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Consolidated Engineering, Inc.

PO Box 701
Valley Springs, CA 95252
19

Attn: Casey Curtin, President
CITY:

City of Atwater
1160 5th St
Atwater, CA 95301
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in the Superior Court of California for the County of Merced.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration 20

contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
21

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF ATWATER
AND CONSOLIDATED ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 27th day of May, 2025.

City of Atwater CONSOLIDATED ENGINEERING, INC.

By: By:

Christoper Hoem
City Manager Its:

Printed Name:

ATTEST:

By:

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

By:

Frank Splendorio, City Attorney
22

EXHIBIT “A”

SERVICES / SCHEDULE
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

ITEM PRICE
1 MOBILIZATION LS 1 $21,500 $21,500
2 TEMPORARY TRAFFIC
CONTROL LS 1 $25,000 $25,000
3 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1 $4,150 $4,150
4 REMOVE EXISTING

TRAFFIC STRIPING AND

PAVEMENT MARKINGS
LS 1 $20,000 $20,000
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 10,430 $1.40 $14,602
6 REPAIR EXISTING AC
PAVEMENT SF 185,650 $0.50 $92,825
7 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1 $53,600 $53,600
8 1.5” TYPE A HMA OVERLAY
WITH PAVEMENT FABRIC SF 185,650 $1.00 $185,650
9 REPLACE TRAFFIC

STRIPING AND PAVEMENT

MARKINGS
LS 1 $30,000 $30,000
TOTAL BID: $447,327.00
23

EXHIBIT “B”

PLANS AND SPECIFICATIONS
24

25

CITY PROJECT NO. 24-07
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
________________________________
Michael Hayes, PE 04/22/2025
26

TABLE OF CONTENTS
NOTICE TO BIDDERS ................................................................................................................................ NTB-1 COPY OF BID ITEM LIST ........................................................................................................................... NTB-4 SPECIAL PROVISIONS .................................................................................................................................SP-1 DIVISION I GENERAL PROVISIONS ............................................................................................................SP-2 1 GENERAL ...................................................................................................................................................SP-2 2 BIDDING ....................................................................................................................................................SP-3 3 CONTRACT AWARD AND EXECUTION.......................................................................................................SP-8 5 CONTROL OF WORK................................................................................................................................SP-10 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .......................................................................SP-12 8 PROSECUTION AND PROGRESS...............................................................................................................SP-14 9 PAYMENT ................................................................................................................................................SP-14 DIVISION II GENERAL CONSTRUCTION...................................................................................................SP-16 12 TEMPORARY TRAFFIC CONTROL ...........................................................................................................SP-16 13 WATER POLLUTION CONTROL .............................................................................................................SP-16 14 ENVIRONMENTAL STEWARDSHIP.........................................................................................................SP-17 15 EXISTING FACILITIES ..............................................................................................................................SP-18 DIVISION III EARTHWORK AND LANDSCAPING....................................................................................SP-19 17 GENERAL ...............................................................................................................................................SP-19 DIVISION IV SUBBASES AND BASES.......................................................................................................SP-20 23 GENERAL ...............................................................................................................................................SP-20 DIVISION V SURFACINGS AND PAVEMENTS..........................................................................................SP-21 37 SEAL COATS...........................................................................................................................................SP-21 39 ASPHALT CONCRETE..............................................................................................................................SP-21 DIVISION VIII MISCELLANEOUS CONSTRUCTION ................................................................................SP-23 77 LOCAL INFRASTRUCTURE ......................................................................................................................SP-23 DIVISION IX TRAFFIC CONTROL DEVICES ............................................................................................SP-24 84 MARKINGS.............................................................................................................................................SP-24 DIVISION XI MATERIALS.............................................................................................................................SP-25 96 GEOSYNTHETICS....................................................................................................................................SP-25 27

NTB-1

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
Bids open Thursday, May 15, 2025 at 2:00 p.m. Pacific DST Scope of Work:

The Work generally consists of a 1.5-inch pavement overlay located on Olive Ave between Winton Way and the city limits, including approximately 50 lineal feet of conform overlay paving on each intersecting street (unless intersection street has a valley gutter, then conform will stop at valley gutter). Work includes approximately 185,650 square feet of existing surfaced roadway or approximately 5,267 linear centerline feet of roadway, including side street conforms measured to the centerline of Olive Avenue. All roads included in the project are to be paved “current” to Caltrans standard specifications.

The Work is described in more detail in the following paragraphs and shall be performed by the Contractor pursuant to current Caltrans standard specifications.

All materials and construction methods shall conform to Caltrans Standard Specifications and all applicable material and performance standards therein referenced for hot mix asphalt and other bid items for the intended use and application. Material delivery shall conform to the recommended delivery standards and quality control regarding temperature of materials.

The Contractor shall furnish all labor, materials, equipment, tools, incidentals, permits, services, and construction required to complete the Work, which includes:
• mobilizing all required resources to complete the Work; • providing temporary traffic control;
• providing erosion, sedimentation, and pollution control; • removing existing pavement by wedge grind;
• removing existing pavement markers;
• removing existing traffic striping and pavement markings by grinding; • disposing and/or recycling of all removed and excess materials; • handling and disposing of any and all hazardous materials; • repairing and filling existing pavement cracks, potholes, and boils; • leveling low/depressed areas of existing pavement;
• replacing damaged traffic signal detector loops and lead-in cables; • raising existing utility covers to finish grade;
• cleaning loose sand, dirt, debris, and other contaminants from existing pavement; • applying asphalt binder tack coat and sealant;
• installing geosynthetic pavement fabric;
• placing and compacting 1.5” Type A HMA pavement overlay with 1/2" max. aggregate size; and • replacing thermoplastic traffic striping and pavement markings, and pavement markers.

The newly placed asphalt overlay shall tie in smoothly with the existing road surface and shall be applied to improve or correct any existing drainage issues. Contractor shall maintain the integrity of existing curbs, gutters, drainage inlets, culverts, or any drainage apparatus. Apply the “STOP” word marking and a stop bar line at all existing Stop signs, including where none currently exists.

Contractor shall post notice of the project work schedule at all entrances to the Project work area at least one (1) week prior to commencement of any work. “NO PARKING” signs shall be posted at least 72 hours prior to beginning work. Contractor shall arrange for towing of cars, if necessary, in coordination with City. 28

NTB-2
Traffic through the active construction zones shall not be delayed more than ten (10) minutes. One travel lane shall be maintained in each direction with a minimum width of 10 feet (10’). Temporary traffic markers shall be used where required and removed completely prior to completion of the Work. Trained flaggers shall be used when required. The project work area shall be cleaned daily of all construction debris, leaving the area safe and ready for traffic.

The City will receive sealed bids for the OLIVE AVENUE OVERLAY PROJECT.

Project Number: 24-07
Bid Call Number: 733-25
Bid forms for this work are included in a separate book titled:

CITY OF ATWATER, CALIFORNIA

PUBLIC WORKS DEPARTMENT

BID BOOK

FOR THE CONSTRUCTION OF

OLIVE AVENUE OVERLAY PROJECT
No bid will be received unless it is made on a bid form furnished by the CITY OF ATWATER PUBLIC WORKS DEPARTMENT. Copies or facsimiles of the bidder's completed and executed bid forms submitted as a bid will be rejected. Each bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the CITY OF ATWATER for an amount equal to at least ten percent (10%) of the amount of bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

The Contractor must have a valid California license of Classification A – General Engineering Contractor, or C-12 – Earthwork and Paving, to perform this work.

The successful bidder will be required to obtain a City of Atwater Business License at his/her own expense before execution of the contract.

Bids must be on a unit price basis. All bids are to be compared on the basis of the CITY OF ATWATER’S estimated quantities of work to be done.

Complete work within 30 working days.

The estimated cost of construction is $696,000.

Copies of plans, special provisions and proposal forms may only be obtained at the office of the City of Atwater, Engineering Division, located at 750 Bellevue Road, Atwater, CA, (209) 357-6233, upon request and payment of $50.00 per set, which is nonrefundable and includes sales tax.

Electronic copies of the plans and specifications (Adobe PDF file format) for this project are available upon request. Said electronic copies are made available solely for the convenience of the prospective bidders (whether as a prime contractor or sub-contractor) on the Project, and are not considered part of the contract documents. No representation or warranty is made, either expressed or implied, with regard to the accuracy or suitability of said electronic copies for any purpose whatsoever. Utilization or viewing of said electronic copies shall constitute implicit acknowledgement and acceptance of the provisions of this paragraph.

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

The City will immediately open and publicly read the bids at the mentioned location after the specified closing time.
29

30

NTB-4

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT
* * * * * *

OLIVE AVENUE OVERLAY PROJECT
Project Number: 24-07

COPY OF BID ITEM LIST
(NOT TO BE USED FOR BIDDING PURPOSES)
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 10,430
6 REPAIR EXISTING AC PAVEMENT SF 185,650
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 185,650 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1

UNITS OF MEASURE
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET
31

SP-1

CITY OF ATWATER

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

SPECIAL PROVISIONS

OLIVE AVENUE OVERLAY PROJECT

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

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

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

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
32

SP-2

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

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

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

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

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

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

1. Standard Specifications: Specifications standard to Department construction projects. These specifications are in a book titled Standard Specifications. (Also be referred to as “State Specifications”). The 2024 edition of the Standard Specifications shall apply to this contract.

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

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

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

Caltrans
Replace section 1-1.12 with:

Make checks and bonds payable to the City of Atwater.
33

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

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

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

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

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

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

Add to section 2-1.07:

Examine all of the various parts of these Documents if contemplating the submission of a bid, and should there be any doubt as to the meaning or intent of the Contract Documents, you must request an interpretation, in writing, by Friday, May 2, 2025, at 5:00 p.m. Any interpretation or change in the Contract Documents will be made, in the form of addenda to the Documents and will be furnished to all Bidders receiving a set of the Documents. Addenda will be issued by Wednesday, May 7, 2025 at 5:00 pm. The City is not responsible for any other explanation or interpretations of the Documents.

Request for interpretation must be submitted in writing to:

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

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

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

The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety.
34

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

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

Bid Item 2 – Temporary Traffic Control
This is a lump sum bid item for all costs for preparing and furnishing temporary traffic control plans in accordance with latest edition of Part 6 “Temporary Traffic Control” of the California Manual of Uniform traffic Control Devices (CA MUTCD), and for furnishing and installing all materials, labor, and equipment necessary to provide traffic regulation in public streets and public alleys and traffic control/access to private properties during construction in accordance with Sections 7-1.03 and 7-1.04 and the special provisions and these Contract Documents. Payment for traffic control/regulation shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project.

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

Bid Item 4 –Remove Existing Traffic Striping and Pavement Markings This is a lump sum bid item for all costs for removal and disposal of existing traffic striping, pavement markings, and pavement markers complete within the project work area. This item will include costs for preparation of a Lead Compliance Plan per Section 7-1.02K(6)(j)(ii) Lead Compliance Plan and for testing and disposal of hazardous waste due to lead and/or metals concentrations in existing traffic striping, pavement markings, and pavement markers. Removal of traffic striping and pavement markings shall be by grinding. Payment for this item shall be made on a lump sum basis and no additional payment shall be due therefor.

Bid Item 5 – Remove Existing AC Pavement (Wedge Grind)
This is a unit price bid item for cold planning a wedge grind per Section 39-3.04 at all perimeters of the project work area to provide for a smooth transition of the pavement overlay to meet and match the existing elevations of existing curbs, gutters, and pavements at the edges of the work. The wedge grind shall be one and one quarter inches (1.25”) deep adjoining existing gutters and one and one half inches (1.5”) deep at the outer perimeter of all other locations and shall taper over a width of 42 inches (42”) where parallel to travelled ways and over a width of ten feet (10’) where transverse to travelled ways to match existing pavement elevations of the roadways. This item includes the removal and disposal/recycling of existing asphalt pavement as shown in the plans and described in the specifications and scope of work per all applicable sections of the standard specifications and special provisions. This items shall be bid per the units and quantities shown and shall conform to all applicable portions of the plans, specifications, special provisions, and scope of work.
35

SP-5
Bid Item 6 – Repair Existing AC Pavement
This is a lump sum bid item to perform crack sealing for all existing AC pavements in the project work area to prepare the existing pavements to a suitable condition for installation of pavement fabric and HMA overlay (bidder shall provide an allowance for up to one hundred and fifty square feet [150 SF] of potholes to be filled). This item also includes replacement of traffic signal detector loops and lead-in cables for the eastbound lanes on Olive Avenue near the intersection of Olive Avenue and Winton Way (see marked asbuilt plan included with Bid Book). Sealing of any pavement cutting required for replacement of traffic signal detector loops and lead-in cables shall be included in the cost of this bid item. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations. Payment shall be on a lump sum basis and no additional payment shall be due therefor. If it is determined by the Engineer that additional pavement repair beyond crack sealing is required, then this will be accomplished by change order work.

Bid Item 7 – Raise Existing Utilities Covers to Finish Grade This is a lump sum bid item for adjusting the various existing manhole, valve, and other utility covers at all locations within the Project work area, including the locations shown on the plans and at all other locations necessary due to pavement work. The Contractor shall salvage the existing covers and reconstruct to final pavement grade as per the respective utility agency’s requirements. Manhole covers and water valve covers shall be raised in accordance with the City of Atwater Standard Plans.

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

Bid Item 8 – 1.5” Type A HMA Overlay with Pavement Fabric This is a unit price bid item for all costs for surface preparation after crack sealing, installation of pavement fabric including any required application of tack coat binder and sealant, and construction of the 1.5” Type A HMA overlay including placement and compaction for a complete paved roadway overlay. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations and Caltrans requirements for pavement fabric installation for pavement overlay. Payment shall be based on the unit price for the measured area constructed and no additional payment shall be due therefor.

Bid Item 9 – Replace Traffic Striping and Pavement Markings This is a lump sum bid item for all costs of furnishing and installing all materials, labor, equipment, and incidentals necessary to install traffic striping, pavement markings, and raised pavement markers in accordance with the Plans, specifications, special provisions, and scope of work to current Caltrans details.

All crosswalks shall be the Continental (high visibility) type with 2’-0” wide bars and 2’-0” space between bars. Payment will be made on a lump sum basis, and no additional payment will be made therefor.

Remove section 2-1.18 in its entirety.

Remove section 2-1.27 in its entirety.

Replace paragraph 3 of section 2-1.33A with:

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

Add to the end of section 2-1.33A:
36

SP-6
Submit Bids in a sealed envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301. Each sealed Bid must be plainly marked on the outside as “BID FOR OLIVE AVENUE OVERLAY PROJECT, Project No. 24-07, to be opened at 2:00 p.m., Thursday, May 15, 2025”. If submitting by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301.

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

Remove lines 7, 8, and 9 from the table titled “Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal” in section 2-1.33B(3)(c)(ii) Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal.

Replace line 6 of the table titled “Bid Form Submittal Schedule for a Non-FederalAid Contract without a DVBE Goal” in section 2-1.33B(3)(c)(ii) Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal with:

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

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

Add Section 2-1.35:
2-1.35 BID PROTEST
2-1.35A General
Any unsuccessful bidder may submit a bid protest. Bid Protests must be submitted under section 2-1.35B.

Bid protests not submitted under section 2-1.35B will not be considered. 2-1.35B Procedures
All bid protests must be submitted in writing. Bid Protests must be received no later than 5:00 PM on the tenth (10th) business day following the bid opening.

Deliver bid protest to the following address:

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

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

2. The party filing the protest must have submitted a bid on the project. A subcontractor of a bidder may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue their own protest.
37

SP-7

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

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

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

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

Add to section 2-1.46:

The City may make such investigations as necessary to determine a Bidder’s ability to perform the Work, and the Bidder must furnish to the City all requested information and data for this purpose. The City reserves the right to reject any Bid if it determines a Bidder is unqualified to carry out the obligations of the Agreement and to complete the Work.
38

SP-8
3 CONTRACT AWARD AND EXECUTION
Add to the end of section 3-1.02A
If the contract is awarded, the contract shall be awarded to the responsible bidder submitting the lowest responsive bid.

Replace section 3-1.02B with:

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

1. If a local business bidder requesting preference and a non–local business bidder have tied bids after applying the local business preference bid adjustment, the City awards the contract to the local business bidder.

Replace section 3-1.04 with:
3-1.04 CONTRACT AWARD
If the City awards the contract, the award is made lowest responsible bidder within 30 days after bid opening but not before the close of the 10 days bid protest period.

If the lowest responsible bidder refuses or fails to execute the contract, the award is made to the second lowest responsible bidder.

If the second lowest responsible bidder refuses or fails to execute the contract, the award is made to the third lowest responsible bidder.

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

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

Section 2-1.27 Local Business Preference Program
Program Description
In evaluating competitive bids to determine the lowest responsible bidder, if a non-local responsible bidder is initially determined to be the lowest responsible bidder, then any local responsible bidder shall be granted a preference in an amount equal to five percent (5%) of their responsive bid. If after deduction of the five percent (5%) preference from a local bidder's responsive bid, it is equal to or less than the lowest responsive bid submitted by the non-local responsible bidder, then the purchase award shall be awarded to the local responsible bidder. In the event that a non-local responsible bidder and a local responsible bidder have the same bid and it is the lowest bid, then the five percent (5%) preference need not be applied and the local business shall be selected to receive the purchase award. Under no circumstances shall the local business preference granted in a single bid exceed $5,000.00. The local business preference will not apply when bids are cooperatively solicited together with other public agencies. The local business preference may not apply and may be dispensed with when prohibited by State or Federal Statutes, or regulations requiring that a bid be awarded to the lowest responsible bidder, or as otherwise exempted from local preferences.

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

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

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

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

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

Deliver to the contact listed in the Notice to Bidders:

1. Signed Contract form

2. Contract bonds

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

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

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

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

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

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

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

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

Replace section 5-1.20E with:
5-1.20E Water Meter Charges
The City can provide construction water for a fee. The Fiscal Year 2024-25 costs for construction water supplied from fire hydrants, per City Council Resolution 3400-23, are as follows:

1. Meter Deposit: $547.00 (refundable);

2. Meter Installation: $46.00;

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

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

Replace the entirety of Section 5-1.23 Submittals with:

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

B. Contractor Responsibilities

1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where his submittal may affect the work of another contractor or the City. The Contractor shall coordinate submittals among his subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections. 41

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

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

C. Transmittal Procedure

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

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

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

D. Submittal Review Procedure

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

2. Seven copies, unless otherwise specified during the preconstruction meeting, of all submittals required shall be furnished to the Engineer for review. The Engineer shall review the submittal and return two copies of the marked-up original within 15 working days after receipt of a submittal for review and comment, unless otherwise specified. All shop drawings and layout drawings submittals shall be submitted a minimum of 20 working days before approved submittal drawings will be required for the work.

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

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

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

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

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

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

Replace the entirety of Section 5-1.25 with:

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

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

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

Notify Underground Service Alert (USA North) at least 48 hours prior to beginning any work involving cutting, planning, trenching or digging. Contractor shall notify USA North at 811 or 800-642-2444 with the specifics of the intended work on the job site. Contractor shall follow and comply with all USA policies and procedures. Contractor shall obtain a USA ticket number and wait for utilities to mark the location of underground utilities within the Project area, or for USA to advise Contractor of the absence of underground utilities in the Project area. Contractor shall provide Engineer with USA ticket number and provide him/her the opportunity to review all utility markings prior to beginning any work. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace paragraph 2 of section 7-1.02K(2) with:

The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the California Department of Industrial Relations’ Internet Web Site at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. These wage rates are 43

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not included in the Bid Book for the project. Changes in general prevailing wage determinations apply to the Contract when the Director of Industrial Relations has issued them at least 10 days before advertisement. (Labor Code § 1773.6 and 8 CA Code of Regs 16204).

Add to section 7-1.02K(2):

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

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

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

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

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

Add to the end of section 7-1.04:

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

Add before paragraph 1 of section 7-1.05A:

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

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

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

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

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

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

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

Replace section 7-1.06G with:

At the option of the City, either: The insurer will reduce or eliminate such deductible or self-insured retentions as respects to the City of Atwater, its officers, directors, agents, and employees; or the Contractor will procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.
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Add to section 7-1.06H:

Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City of Atwater, its officers, directors, agents, and employees. 8 PROSECUTION AND PROGRESS
Remove paragraphs 1 and 2 in section 8-1.04B
9 PAYMENT
Add to section 9-1.03:

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

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

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

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

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

Replace section 9-1.16F with:

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

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

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

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

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

If you substitute securities for any portion of the retention, the City may request that such securities be revalued from time to time, but not more often than monthly. Such revaluation will be made by a person or 45

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entity designated by the City and approved by you. If such revaluation results in a determination that the securities have a market value less than the amount of retention for which they were substituted, then the amount of the retention required under the Contract will be increased by such difference in market value.

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

Replace section 9-1.22 with:

Claims must be litigated in a court of competent jurisdiction. 46

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

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

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

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

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

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

Add to the end of section 12-4.01A:

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

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

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

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

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

3. Emergency contact information for contractor and subcontractors; and

4. Inspection procedures indicating frequency of required inspections.

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

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

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

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

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

1. Service traffic control facilities; or

2. Service construction equipment.

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

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

Add to section 14-9.02:

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

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

Water for the purpose of dust control shall be potable. All dust control operations shall be performed by the Contractor at the time, location and in the amount ordered by the Engineer. The application of either water or dust palliative shall be under the control of the Engineer at all times. Watering shall conform to the 48

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

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

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

Replace section 15-1.03c with:

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

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

Replace section 15-1.04 with:

Bid items for removal of existing features include all costs for removal and off-haul of said items or remanding them to owner if called for on the plans. Payment will be based on measured quantities and units indicated in the bid item list, with no additional payment made therefor. Costs for removal or demolition of items required to perform the work that are not specifically included in removal bid items are to be included in the other various items of work, with no additional payment made therefor. 49

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

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

Replace section 17-2.04 with:

Costs for compliance with this section, as well as all other required surface preparation and demolition work not specifically included in other bid items, is to be included in the various bid items of work, with no additional payment provided therefor.
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DIVISION IV SUBBASES AND BASES
23 GENERAL
Replace section 23-1.01D(1)(b) with:

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

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

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

2. METS

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

If the independent third party determines the City's test results are valid, the Engineer deducts the independent third-party testing costs from payments. If the independent third party determines your test results are valid, the City pays the independent third-party testing costs. 51

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

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

Replace 37-6.04 with:

The payment quantity for crack treatment is the area of existing pavement, measured in square feet to be treated, and is included in Bid Item 6.
39 ASPHALT CONCRETE
Replace numbered line 1 in paragraph 2 of section 39-2.01C(3)(g) with:

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

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

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

Replace paragraphs 1 and 2 of section 39-2.01(D) with:

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

Replace paragraph 5 of section 39-2.01(D) with:

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

Add to section 39-2.02A(1):

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

Use PG64-10 asphalt binder.

Replace section 39-2.02B(3) with:

The grade of asphalt binder for Type A HMA must be PG 64-10. 52

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Replace section 39-2.06D with:

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

Replace section 39-3.01D with:

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

Replace section 39-3.04D with:

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

The payment quantity is lineal feet of actual length cold planed in a wedge grind to the width and depth described in the bid item and shown on the plans.
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DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Replace Section 77-1 with:
77-1 UTILITY RELOCATION
77-1.01 GENERAL
This project will include adjustments to finish grade of existing utility structure rims, frames, and covers.

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

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

Contractor will be responsible for adjustment of existing “wet” utility structures as indicated on the plans, including storm drain manholes, sanitary sewer manholes, and water valve covers. Wet utility structure rims will be adjusted to grade in accordance with City standard details. Costs for adjustment of the existing sanitary sewer manhole is to be included in the bid item for “Raise Existing Utilities Covers to Finish Grade”. 54

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

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

Replace section 84-2.04 with:

Payment shall be lump sum for the bid item “Replace Traffic Striping and Pavement Markings” and shall include all costs for replacement traffic stripes and pavement markings per details of the current Caltrans Standard Plans and California MUTCD to match function of existing markings, with no additional payment made therefor.
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DIVISION XI MATERIALS
96 GEOSYNTHETICS
Add to paragraph 1 of section 96-1.02J:

Paving fabric shall be PETROMAT® 4598 or approved equal. 56

PUBLIC WORKS DEPARTEMENT
750 BELLEVUE ROAD
ATWATER, CA 95301
(209) 357-6233
May 05, 2025
ADDENDUM No. 1

PROJECT: OLIVE AVENUE OVERLAY
BID CALL NO. 733-25; PROJECT NO. 24-07
Addendum No. 1 is being issued to the Notice to Bidders, Specifications and Plans, for the Olive Avenue Overlay Project. Bids for this proposal are to be opened on Thursday, May 15, 2025 at 2:00 P.M. in the City of Atwater Council Chamber, at 750 Bellevue Road, Atwater, CA 95301 The following responses address questions identified as Bid RFI Nos. 1 through 5, from all Bid RFIs received through 05/01/2025:

1. BID RFI No.1: Are we allowed to download the documents from the City of Atwater website, and use those as official bidding documents which we will submit our proposal on? Or do we need to purchase official bid books from the City for $50.00? If the documents are downloaded from the City website and are considered as official bidding docs., will be considered as an official planholder or is there another step I need to be considered as an official planholder? Response: Yes, Bidders can use the electronic copies to bid. Bidders are not required to purchase a hardcopy set of plans and specifications. Send contact information to [email protected] to be put on the planholders list.

2. BID RFI No.2: What are the liquidated damages allocated to this project? Response: Refer to Standard Specification Section 8-1.10A Liquidated Damages.

Liquidated damages are $3,600 per day.

3. BID RFI No.3: What is an approximate date the City is wanting this work to commerce? Response: City anticipates work to begin between June-July 2025.

4. BID RFI No.4: I’d like to bid on the Olive Avenue Overlay(Project ID:202500176637). Could you let me know how I can move forward with the bid?
Response: Refer to Section 2 Bidding.
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5. BID RFI No.5: Couldn’t find a liquidated damages amount in the spec book. Do you guys have a number for that?
Response: See response to BID RFI No.2.
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ATTACHMENT 2:

PLANS
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AS-BUILT

THIS PLAN SHEET CONFORMS OR HAS BEEN

MODIFIED TO CONFORM TO AS-BUILT

CONSTRUCTION CONDITION, AS

PROVIDED BY THE CONSTRUCTION
CONTRACTOR:
_________________________ DATE: 03/30/2023

JOSE LUIS BENAVIDES
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TYPICAL CROSS SECTION
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ADJACENT TO CONCRETE

AT EDGE OF PAVEMENT

TRANSVERSE TO TRAVELED WAY
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-STANOARD
PL'IN
5-2,¡- 9z M-10
DAÎE:

CITY OF ATWA

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

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

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

SECTION AND OUARTER CORNER NIONUITÍENTS
Permanent survey monuments shall be placed at all section and quarter corners - within, lhe improvement. The section corner monuments shall be Cl:ass rBtt concrete, poured in place, with mini¡¡um dimensions of 6rt diameter by 24 inches. Plates shall be placed before the concrete has acquired its initial set and shall be fir:nly embedded in the concrete. I'bnuments shalI be visibly tagged or stamped with the certificate number of the surveyor or engineer setting it. In paved areas, a E¡onument box is required, with lettering "MONUMENTII on cover. Fra'e to be set in 5 sack concrete mix (Class trB'r per State specification") 24 inches square by 6 inches deep, rnatching pavement grades. Use Brooks 4-TT or Christy G5 concrete boxes with traffic lids, or an approved equal. 67

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

BOU}TDARY LINES
Cityboundaries,andlínesbetr,¡eenregistered(TorrensTitle)andunregisandbeËr,reenaseParateownership,ofregisteredland'shallbelotlines; suchalineshaltnoEcuÈa1oË,buÈshallbemadealineofalot'exceP DíËted bY the CitY Engineer'
Sheet 2 oÍ' 3
tered land,
thaÈ iç,
Ë where Per68