Atwater City Council
February 23, 2026

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
o Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
o Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
February 23, 2026
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

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

City Council Agenda for Meeting of February 23, 2026 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) PRESENTATIONS:
• American Medical Response (Daniel Iniquez, Regional Director and Rich Silva, Director of Communications)
•
Mid Valley Disposal Annual Report (Marissa Corralejo, Recycling Program Specialist)
• Monthly report by Merced County District 3 Supervisor McDaniel COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CONSENT CALENDAR:

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

TREASURER’S REPORT:

1. December 31, 2025
Staff's Recommendation: Acceptance of report as listed.

WARRANTS:

2. a.) February 5, 2026
b.) February 12, 2026
c.) February 19, 2026
Staff's Recommendation: Receive and file the reports as listed.

City Council Agenda for Meeting of February 23, 2026 Page 3 MINUTES: (City Council)

3. January 28, 2026 - Special meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

4. Awarding and Approving an Agreement with Elite Maintenance & Tree Service for Weed Abatement Services (CAL Fire Battalion Chief/Fire Marshal Carvalho)
Staff's Recommendation: Adoption of Resolution No. 3596-26 awarding and approving the General Services Agreement with Elite Maintenance & Tree Service of Ceres, California, in a form approved by the City Attorney, and authorizing and directing the City Manager to execute the agreement on behalf of the City.

OTHER ACTIONABLE ITEMS:

5. Approving a Purchase Agreement (Purchase Order) with Cummins Sales and Service for Repairs on Engine 42 (Public Works Director Vinson)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order) to Cummins Sales and Service of Fresno, California for repairs on Engine 42, in an amount not to exceed $26,098.36; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.

6. Approving Specifications and Authorizing Advertising and Calling for Bids for Restriping Various Streets Throughout the City Project (Public Works Director Vinson)
Staff's Recommendation:

Approval of specifications and authorizing advertising and calling for bids for Restriping Various Streets Throughout the City, Project No. 26-03, Bid Call Number 735-26.

7. Approving Specifications and Authorizing and Calling for Bids for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson)
Staff's Recommendation:

Approval of specifications and authorizing advertising and calling for bids for Overlaying Various Streets Throughout the City, Project No. 26-04, Bid Call Number 736-26.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:

8. Police Department Update Regarding Street Crime Activity, Unhoused Population Response Efforts, and Public Safety Initiatives (Police Chief McEachin)

City Council Agenda for Meeting of February 23, 2026 Page 4

9. Approving an Amendment to the Salary Schedule to Equalize Department Head Salary Ranges (City Manager Hoem)
Staff's Recommendation: Motion to adopt Resolution No. 3597-26 approving an amendment to the City’s Salary Schedule to establish consistent salary ranges for all Department Head classifications; or Motion to approve staff's recommendation as presented.

CITY COUNCIL REPORTS/UPDATES:
• City Council Member Cale, District 1
• City Council Member Rochester, District 2
• City Council Member Ambriz, District 3
• City Council Member Raymond, District 4
• Mayor Nelson
CITY MANAGER REPORTS/UPDATES:

10. Update from the City Manager
ADJOURNMENT:

CERTIFICATION:

I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS

CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk during normal business hours at 1160 Fifth Street, Atwater, California.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road, Atwater, California.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .

City Council Agenda for Meeting of February 23, 2026 Page 5 Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.

LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS:

Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Councilmember(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration.

The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parties/applicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law.

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Planning
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City Holiday Meeting - 6:00 PM
Trash pick up
delayed - 1 day
Budget Workshop
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7
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Spring Clean Up
2877 Atwater Blvd,
Atwater CA
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Easter Egg Hunt
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Warrant Summary February 5, 2026
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
Date Description Amount
1/30/26 - 2/4/26
2/5/2026
Prewrittens (Checks Processed Between Warrants)
Warrant $ 890,452.79
Total $ 890,452.79
Date
Additional Warrants
Description Amount
Total $
Date Description
Payroll
Amount
Total $
Grand Total: $ 890,452.79
Anna Nicholas, Finance Director Mark Borba, City Treasur

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
2/12/2026 - 12:54 PM
City of Atwater
C'i'rrrm nit Pride City U=idr
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Check Number Check Date Fund Account Name Vendor Name Void Amount 0 02/05/2026 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 61,666.67 0 02/05/2026 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 45.97 0 02/05/2026 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.27 0 02/05/2026 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 1,181.70 0 02/05/2026 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.27 0 02/05/2026 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 53.80 0 02/05/2026 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 97,916.67 0 02/05/2026 6000 Water Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.27 0 02/05/2026 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 73.46 0 02/05/2026 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 178,007.29 0 02/05/2026 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 33,147.40 Check Total: 372,198.77
29981 02/05/2026 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 742.93 29981 02/05/2026 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 742.93 29981 02/05/2026 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 742.92 Check Total: 2,228.78
29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.03 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 64.98 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 15.83 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.99 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.86 29982 02/05/2026 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.59 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 206.52 29982 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 28.05 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.52 29982 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 32.61 29982 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 263.60 29982 02/05/2026 0001 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 78.50 29982 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 161.46 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 138.54 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 88.87 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 5.30 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.62 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 7.26 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES -32.61 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.73 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES -10.86 29982 02/05/2026 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 21.74 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.18 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.99 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.86 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.04 29982 02/05/2026 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES -89.81 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.95 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 137.96 29982 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,630.16 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 47.30 29982 02/05/2026 0001 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 22.17 29982 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 293.49 29982 02/05/2026 7000 Internal Service Fund Small Tools AMAZON CAPITAL SERVICES 76.11 29982 02/05/2026 0001 General Fund Youth Basketball AMAZON CAPITAL SERVICES 61.92 29982 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 140.80 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.05 29982 02/05/2026 0001 General Fund Community Center Expense AMAZON CAPITAL SERVICES 27.72 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 42.05 29982 02/05/2026 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.86 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 31.53 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 156.74 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 65.98 29982 02/05/2026 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 21.74 29982 02/05/2026 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 652.48 29982 02/05/2026 7030 Information Technology Fund Memberships & Subscriptions AMAZON CAPITAL SERVICES 847.16 29982 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES -146.15 29982 02/05/2026 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 25.82 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.24 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.38 29982 02/05/2026 0001 General Fund Machinery & Equipment AMAZON CAPITAL SERVICES 677.30 29982 02/05/2026 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.78 29982 02/05/2026 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.21 Check Total: 6,536.14
29983 02/05/2026 7000 Internal Service Fund Operations & Maintenance ASSOCIATES LOCK & SAFE SERVICE 36.81 29983 02/05/2026 7000 Internal Service Fund Professional Services ASSOCIATES LOCK & SAFE SERVICE 273.91 29983 02/05/2026 7000 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK & SAFE SERVICE 37.11 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 2

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 347.83
29984 02/05/2026 6000 Water Enterprise Fund Accounts Payable ATWATER CAR WASH 27.82 Check Total: 27.82
29985 02/05/2026 0001 General Fund Professional Services BEST BEST & KRIEGER 34,531.48 29985 02/05/2026 6010 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 212.50 29985 02/05/2026 7020 Risk Management Fund Professional Services BEST BEST & KRIEGER 11,977.55 Check Total: 46,721.53
29986 02/05/2026 0001 General Fund Professional Services BEST ELECTRIC 700.00 29986 02/05/2026 0001 General Fund Special Departmental Expense BEST ELECTRIC 104.34 Check Total: 804.34
29987 02/05/2026 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,048.60 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 83.40 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,356.00 29987 02/05/2026 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,048.60 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 3,090.00 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.76 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 27.80 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 222.40 29987 02/05/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 222.40 Check Total: 7,226.96
29988 02/05/2026 0001 General Fund Special Departmental Expense CAL FARM SERVICES 186.50 Check Total: 186.50
29989 02/05/2026 0001 General Fund Special Departmental Expense CALIFORNIA TURF EQUIPMENT & SUPPLY IN' 195.16 Check Total: 195.16
29990 02/05/2026 6000 Water Enterprise Fund Accounts Payable CARLOS VIEIRA FOUNDATION 133.36 Check Total: 133.36
29991 02/05/2026 6000 Water Enterprise Fund Accounts Payable MARIA CARRILLO GUDINO 166.23 Check Total: 166.23
29992 02/05/2026 1014 CRP Carbon Reduction Prog Fund Phase 2 Ped Imp Proj Downtown CCME INC 4,069.35 29992 02/05/2026 0003 General Fund Capital Phase 2 Ped Imp Proj Downtown CCME INC 1,215.52 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 3

Check Number Check Date Fund Account Name Vendor Name Void Amount 29992 02/05/2026 0008 Measure V 20% AltemativeModes Phase 2 Ped Imp Proj Downtown CCME INC 527.23 29992 02/05/2026 0008 Measure V 20% AltemativeModes Phase 2 Ped Imp Proj Downtown CCME INC 157.48 Check Total: 5,969.58
29993 02/05/2026 6020 Sanitation Enterprise Fund Accounts Payable NICOLE CHURCH 57.71 29993 02/05/2026 6010 Sewer Enterprise Fund Accounts Payable NICOLE CHURCH 81.52 29993 02/05/2026 6000 Water Enterprise Fund Accounts Payable NICOLE CHURCH 80.66 Check Total: 219.89
29994 02/05/2026 7000 Internal Service Fund Utilities COMCAST 133.77 29994 02/05/2026 7000 Internal Service Fund Utilities COMCAST 13.19 Check Total: 146.96
29995 02/05/2026 0001 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR', 649.50 Check Total: 649.50
29996 02/05/2026 6000 Water Enterprise Fund Accounts Payable DOUGLAS CROUCH 68.75 Check Total: 68.75
29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 55.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 29997 02/05/2026 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 Check Total: 407.00
29998 02/05/2026 7030 Information Technology Fund Professional Services DATA PATH 2,911.50 29998 02/05/2026 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 2,816.00 29998 02/05/2026 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 3,431.00 29998 02/05/2026 7030 Information Technology Fund Professional Services DATA PATH 8,321.00 29998 02/05/2026 7030 Information Technology Fund Professional Services DATA PATH 1,089.00 29998 02/05/2026 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 760.00 Check Total: 19,328.50
29999 02/05/2026 0001 General Fund Various Classes MARY ANN DAVIS 432.25 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 4

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 432.25
30000 02/05/2026 6000 Water Enterprise Fund Accounts Payable DYLAN DELA CRUZ 170.82 Check Total: 170.82
30001 02/05/2026 7020 Risk Management Fund Professional Services DELFINO MADDEN O'MALLEY COYLE & KOE 384.00 Check Total: 384.00
30002 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense DOMS ELECTRIC - MERCED BEARING OPERA 76.09 Check Total: 76.09
30003 02/05/2026 6000 Water Enterprise Fund Professional Services E SOURCE COMPANIES LLC 3,000.00 Check Total: 3,000.00
30004 02/05/2026 7000 Internal Service Fund Operations & Maintenance EH WACHS 1,510.54 Check Total: 1,510.54
30005 02/05/2026 7000 Internal Service Fund Professional Services ELITE IRON FENCING 1,310.00 30005 02/05/2026 7000 Internal Service Fund Professional Services ELITE IRON FENCING 1,890.00 Check Total: 3,200.00
30006 02/05/2026 7020 Risk Management Fund Employment Risk Management EMPLOYMENT RISK MANAGEMENT AUTHOR 9,298.50 Check Total: 9,298.50
30007 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 4.15 Check Total: 4.15
30008 02/05/2026 6000 Water Enterprise Fund Small Tools FERGUSON WATERWORKS 165.04 30008 02/05/2026 6001 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS 1,775.68 Check Total: 1,940.72
30009 02/05/2026 6020 Sanitation Enterprise Fund Accounts Payable ROSALINA GALINDO REGALADO 1.62 30009 02/05/2026 6010 Sewer Enterprise Fund Accounts Payable ROSALINA GALINDO REGALADO 2.29 30009 02/05/2026 6000 Water Enterprise Fund Accounts Payable ROSALINA GALINDO REGALADO 162.70 Check Total: 166.61
30010 02/05/2026 6000 Water Enterprise Fund Accounts Payable JOSE GALLO 12.76 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 5

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 12.76
30011 02/05/2026 7000 Internal Service Fund Operations & Maintenance DONALD GARCIA 283.01 Check Total: 283.01
30012 02/05/2026 6000 Water Enterprise Fund Accounts Payable MARICARMEN GARCIA 209.34 Check Total: 209.34
30013 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense GARTON TRACTOR INC 211.86 Check Total: 211.86
30014 02/05/2026 0001 General Fund Professional Services GLAD WELL GOVERNMENTAL SERVICES INC 750.00 Check Total: 750.00
30015 02/05/2026 0001 General Fund Professional Services GOLDEN STATE COMMUNICATIONS INC 20,121.94 Check Total: 20,121.94
30016 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense GRAINGER 465.73 Check Total: 465.73
30017 02/05/2026 0001 General Fund Professional Services HDL COREN & CONE 3,479.63 Check Total: 3,479.63
30018 02/05/2026 6000 Water Enterprise Fund Accounts Payable KRISTY HELLAM 23.98 30018 02/05/2026 6010 Sewer Enterprise Fund Accounts Payable KRISTY HELLAM 25.20 30018 02/05/2026 6020 Sanitation Enterprise Fund Accounts Payable KRISTY HELLAM 17.84 Check Total: 67.02
30019 02/05/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 12.00 30019 02/05/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 41.14 30019 02/05/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 740.87 30019 02/05/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 56.13 30019 02/05/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 174.74 Check Total: 1,024.88
30020 02/05/2026 7000 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 14,281.65 Check Total: 14,281.65
AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 6

Check Number Check Date Fund Account Name Vendor Name Void Amount 30021 02/05/2026 6000 Water Enterprise Fund Accounts Payable JIMENEZ AUTOMOTRIZ INTERNACIONAL 0.09 30021 02/05/2026 6000 Water Enterprise Fund Accounts Payable JIMENEZ AUTOMOTRIZ INTERNACIONAL 25.48 Check Total: 25.57
30022 02/05/2026 1017 RSTP-Regional Surf Transp Prog Fruitland Ave Rd Improvements JOE'S LANDSCAPING & CONCRETE 3,500.00 Check Total: 3,500.00
30023 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 159.09 30023 02/05/2026 6010 Sewer Enterprise Fund Small Tools KELLOGG SUPPLY 208.86 30023 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 486.05 Check Total: 854.00
30024 02/05/2026 6000 Water Enterprise Fund Accounts Payable JAIME LEANOS MERCADO 50.48 Check Total: 50.48
30025 02/05/2026 0001 General Fund Special Departmental Expense KEN LEE 43.48 Check Total: 43.48
30026 02/05/2026 0001 General Fund Miscellaneous LOOMIS 784.74 Check Total: 784.74
30027 02/05/2026 0010 Measure V Regional Fund Buhach Widening MARK THOMAS & COMPANY, INC 1,292.00 30027 02/05/2026 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 21,516.25 Check Total: 22,808.25
30028 02/05/2026 6020 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. 12,634.66 30028 02/05/2026 6020 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. 15,196.17 30028 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 76.44 30028 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 43.91 30028 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 53.81 30028 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 22.82 30028 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 48.05 30028 02/05/2026 6020 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. -729.72 30028 02/05/2026 6020 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. -876.22 Check Total: 26,469.92
30029 02/05/2026 7000 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 238.97 Check Total: 238.97
AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 7

Check Number Check Date Fund Account Name Vendor Name Void Amount 30030 02/05/2026 0001 General Fund Youth Basketball MCNAMARA SPORTS 2,412.89 30030 02/05/2026 0001 General Fund Coed Volleyball MCNAMARA SPORTS 427.50 Check Total: 2,840.39
30031 02/05/2026 0001 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 240.00 30031 02/05/2026 0001 General Fund Youth Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 30031 02/05/2026 0001 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 750.00 30031 02/05/2026 0001 General Fund Youth Volleyball MERCED AREA SPORTS OFFICIALS, INC 510.00 Check Total: 1,650.00
30032 02/05/2026 0001 General Fund Memberships & Subscriptions MERCED COUNTY LAW ENFORCEMENT CHIE 125.00 Check Total: 125.00
30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 662.25 30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 461.37 30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 753.95 30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 26.79 30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 965.85 30033 02/05/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 29.68 Check Total: 2,899.89
30034 02/05/2026 6010 Sewer Enterprise Fund Improvements Other Than Bldg MID-VALLEY DISPOSAL LLC 18,525.88 Check Total: 18,525.88
30035 02/05/2026 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project MNZ CONCRETE 4,900.00 30035 02/05/2026 1018 SRI-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project MNZ CONCRETE 9,800.00 Check Total: 14,700.00
30036 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense MUNICIPAL MAINTENANCE EQUIPMENT 133.00 30036 02/05/2026 7000 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIPMENT 138.23 30036 02/05/2026 7000 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIPMENT 1,932.50 30036 02/05/2026 7000 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIPMENT 794.00 30036 02/05/2026 7000 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIPMENT 86.35 30036 02/05/2026 7000 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIPMENT 1,591.70 Check Total: 4,675.78
30037 02/05/2026 0001 General Fund Professional Services MUNISERVICES 693.22 30037 02/05/2026 0001 General Fund Professional Services MUNISERVICES 9,820.87 Check Total: 10.5 4.09
AP-Checks for Approval (2/12/2026 - 12:54 PM) Page H

Check Number Check Date Fund Account Name Vendor Name Void Amount 30038 02/05/2026 7030 Information Technology Fund Communications NEW HORIZON COMMUNICATIONS 2,428.92 Check Total: 2,428.92
30039 02/05/2026 7000 Internal Service Fund Operations & Maintenance WILLIAM NOVETZKE 25.23 Check Total: 25.23
30040 02/05/2026 6000 Water Enterprise Fund Accounts Payable SEAN O'HERIN 262.75 Check Total: 262.75
30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 165.45 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.78 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 26.08 30041 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 48.36 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.66 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 73.45 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 42.38 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 162.96 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 30.15 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 22.17 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 55.41 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 25.50 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 136.63 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 60.89 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 48.92 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 19.05 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.62 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 58.69 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 194.62 30041 02/05/2026 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 54.35 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 166.94 30041 02/05/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 61.44 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.15 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 253.01 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -165.45 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 455.26 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 130.46 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 99.44 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 18.94 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 310.57 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -165.45 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -25.50 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.96 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 9

Check Number Check Date Fund Account Name Vendor Name Void Amount 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 165.45 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 130.37 30041 02/05/2026 7000 Internal Service Fund Small Tools O'REILLY AUTO PARTS 24.99 30041 02/05/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -48.29 Check Total: 2,791.41
30042 02/05/2026 6010 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 550.60 30042 02/05/2026 6000 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 11,344.04 30042 02/05/2026 1011 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 177.54 30042 02/05/2026 0001 General Fund Utilities PACIFIC GAS & ELECTRIC 1,641.43 30042 02/05/2026 7000 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 1,142.95 30042 02/05/2026 0001 General Fund Utilities PACIFIC GAS & ELECTRIC 1,197.90 Check Total: 16,054.46
30043 02/05/2026 0001 General Fund Special Departmental Expense PACIFIC STORAGE COMPANY 292.10 30043 02/05/2026 0001 General Fund Special Departmental Expense PACIFIC STORAGE COMPANY 292.10 Check Total: 584.20
30044 02/05/2026 0001 General Fund Professional Services POWERDMS INC 6,411.75 Check Total: 6,411.75
30045 02/05/2026 6000 Water Enterprise Fund Professional Services PROVOST & PRITCHARD CONSULTING GROU 2,778.10 Check Total: 2,778.10
30046 02/05/2026 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 690.20 30046 02/05/2026 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 225.00 Check Total: 915.20
30047 02/05/2026 6000 Water Enterprise Fund Accounts Payable ALISA REYES 42.64 Check Total: 42.64
30048 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense ROLFE CONSTRUCTION 2,300.00 30048 02/05/2026 6010 Sewer Enterprise Fund Professional Services ROLFE CONSTRUCTION 3,200.00 Check Total: 5,500.00
30049 02/05/2026 6000 Water Enterprise Fund Uniform & Clothing Expense SAFE-T-LITE 237.25 Check Total: 237.25
30050 02/05/2026 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 414.46 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 10

Check Number Check Date Fund Account Name Vendor Name Void Amount 30050 02/05/2026 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 414.46 Check Total: 828.92
30051 02/05/2026 6010 Sewer Enterprise Fund Accounts Payable TRISTAN SILVA 25.20 30051 02/05/2026 6020 Sanitation Enterprise Fund Accounts Payable TRISTAN SILVA 17.84 30051 02/05/2026 6000 Water Enterprise Fund Accounts Payable TRISTAN SILVA 203.99 Check Total: 247.03
30052 02/05/2026 6000 Water Enterprise Fund Accounts Payable MANJIT SINGH 72.41 Check Total: 72.41
30053 02/05/2026 0001 General Fund Professional Services STERICYCLE INC 41.42 Check Total: 41.42
30054 02/05/2026 1018 SB1-Road Maint & Rehab RMRA Traffic Signals Maint & Repair THE SIGN GUYS 652.50 30054 02/05/2026 1018 SB1-Road Maint & Rehab RMRA Traffic Signals Mamt & Repair THE SIGN GUYS 2,060.18 Check Total: 2,712.68
30055 02/05/2026 7000 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 30055 02/05/2026 7000 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 66.00
30056 02/05/2026 6010 Sewer Enterprise Fund Castle Sewer Interceptor UNITED RENTALS (NORTH AMERICA) INC 265.35 30056 02/05/2026 6010 Sewer Enterprise Fund Castle Sewer Interceptor UNITED RENTALS (NORTH AMERICA) INC 549.19 30056 02/05/2026 6010 Sewer Enterprise Fund Castle Sewer Interceptor UNITED RENTALS (NORTH AMERICA) INC 494.81 30056 02/05/2026 6010 Sewer Enterprise Fund Castle Sewer Interceptor UNITED RENTALS (NORTH AMERICA) INC 311.03 Check Total: 1,620.38
30057 02/05/2026 6000 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 30057 02/05/2026 6000 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 30057 02/05/2026 6000 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 3,000.00
30058 02/05/2026 7000 Internal Service Fund Operations & Maintenance VAN DE POL 256.60 30058 02/05/2026 7000 Internal Service Fund Operations & Maintenance VAN DE POL 9,934.05 Check Total: 10,190.65
30059 02/05/2026 6010 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 196,406.03 AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 11

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 196,406.03
30060 02/05/2026 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,169.07 30060 02/05/2026 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 8.79 Check Total: 1,177.86
30061 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 217.12 30061 02/05/2026 6010 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 347.62 30061 02/05/2026 1017 RSTP-Regional Surf Transp Prog Fruitland Ave Rd Improvements WATERFORD IRRIGATION SUPPLY, INC 27.55 Check Total: 592.29
30062 02/05/2026 6000 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 87.84 Check Total: 87.84
30063 02/05/2026 6000 Water Enterprise Fund Accounts Payable MICHELLE YU 15.83 Check Total: 15.83
Report Total: 890,452.79
AP-Checks for Approval (2/12/2026 - 12:54 PM) Page 12

Date
Warrant Summary February 12, 2026
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
Description Amount
2/6/26 - 2/11/26 Prewrittens (Checks Processed Between Warrants) 2/12/2026 Warrant
Total
$ 659.76
$ 396,673.58
$ 397,333.34
Date
Additional Warrants
Description Amount
2/10/2026 AFSCME District Council 57 $ 1,037.40
2/10/2026 Atwater Police Officers Association $ 2,598.90 2/10/2026 CALPERS Employee 457 Plan $ 1,102.00
2/10/2026 EPARS Employee 457 Plan (PNC Bank) $ 1,658.00 2/10/2026 PERS Retirement 1/14/26 - 1/28/26 $ 62,548.87 Total $ 68,945.17
Date
Payroll
Description Amount
2/5/2026 Net Payroll
2/10/2026 Federal Taxes
$ 211,360.14
$ 60,723.24
2/10/2026 State Taxes $ 7,737.33
Total $ 279,820.71
Grand Total: $ 746,099.22
Anna Nicholas, Finance Director Mark Borba, City Treasurer

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
2/12/2026 - 1:05 PM
C tv of
C"ommwuzv Prude City Wide
hQ Bellevue Foad', P +eater CA 9lr.'.Q1
Check Number Check Date Fund Account Name Vendor Name Void Amount 02/10/2026 0001 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,037.40 02/10/2026 0001 General Fund Deferred Compensation PNC BANK 400.00 02/10/2026 0001 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 7,737.33 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 1,145.04 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 786.58 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 16,819.72 02/10/2026 0001 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 2,598.90 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 87.31 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 9,953.92 02/10/2026 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 16,402.04 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 3,026.80 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 6,969.60 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 89.68 02/10/2026 0001 General Fund Deferred Compensation CALPERS 1,027.00 02/10/2026 0001 General Fund Deferred Compensation PNC BANK 1,258.00 02/10/2026 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 3,835.98 02/10/2026 0001 General Fund Deferred Compensation CALPERS 75.00 02/10/2026 0001 General Fund Pers Benefits PERS-RETIREMENT 10,223.56 02/10/2026 0001 General Fund Pers Deduction PERS-RETIREMENT 715.64 02/10/2026 0001 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 20,247.20 02/10/2026 0001 General Fund Pers Deduction PERS-RETIREMENT 10,606.06 02/10/2026 0001 General Fund Pers Deduction PERS-RETIREMENT 2,124.96 02/10/2026 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 16,402.04 02/10/2026 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 3,835.98 Check Total: 137,405.74
S 30064 02/10/2026 0001 General Fund Garnishments FRANCHISE TAX BOARD 100.00 Check Total: 100.00
30065 02/10/2026 0001 General Fund Garnishments MERCED COUNTY SHERIFF'S OFFICE 559.76 Check Total: 559.76
AP-Checks for Approval (2/12/2026 - 1:05 PM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount Report Total: 138,065.50
AP-Checks for Approval (2/12/2026 - 1:05 PM) Page 2

Accounts Payable
Checks for Approval
User: jmurillo
Printed: 2/12/2026 - 1:12 PM
~r
water
ritti Pride City WI
7e0 Bellevue Road, / uuater GA 93Q1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 02/12/2026 0001 General Fund Pets Health Payable PERS-HEALTH 118,411.49 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 420.71 0 02/12/2026 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 1,670.14 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 112.86 0 02/12/2026 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 71.87 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 397.34 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 634.57 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 339.50 0 02/12/2026 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 11,340.00 0 02/12/2026 7010 Employee Benefits Fund General Administration-Ins PERS-HEALTH 94.73 0 02/12/2026 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE COMPANY 3,719.00 0 02/12/2026 7010 Employee Benefits Fund Unemployment Insurance EMPLOYMENT DEVELOPMENT DEPT. 7,772.00 0 02/12/2026 0001 General Fund Office Supplies QUADIENT FINANCE USA INC 1,000.00 0 02/12/2026 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 169.77 0 02/12/2026 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE COMPANY 1,156.68 0 02/12/2026 7000 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 72.49 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 372.49 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 437.39 0 02/12/2026 0001 General Fund Miscellaneous Bills PERS-HEALTH 1.34 0 02/12/2026 7010 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE COMPANY 1,965.30 0 02/12/2026 0001 General Fund Rents & Leases UBEO WEST LLC 397.28 0 02/12/2026 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 169.77 Check Total: 150,726.72
30066 02/12/2026 0001 General Fund Office Supplies AAA WORKSPACE 130.39 Check Total: 130.39
30067 02/12/2026 1011 Gas Tax/Street Improvement Professional Services ALL ENVIRONMENTAL SERVICES LLC 8,200.50 Check Total: 8,200.50
30068 02/12/2026 7000 Internal Service Fund Utilities AMERIGAS - MODESTO 130.39 30068 02/12/2026 7000 Internal Service Fund Utilities AMERIGAS - MODESTO 208.84 AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 339.23
30069 02/12/2026 0001 General Fund Communications AT&T CALNET 287.87 Check Total: 287.87
30070 02/12/2026 7000 Internal Service Fund Special Departmental Expense B & B PLUMBING CONSTRUCTION INC 58.31 30070 02/12/2026 7000 Internal Service Fund Professional Services B & B PLUMBING CONSTRUCTION INC 187.50 Check Total: 245.81
30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 1,211.69 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 385.83 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 1,389.23 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 3,311.54 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 4,064.21 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 1,851.67 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 3,037.10 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 3,599.64 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 386.92 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 3,881.43 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 1,972.67 30071 02/12/2026 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION 3,047.78 Check Total: 28,139.71
30072 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 11.01 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 40.66 30072 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 227.22 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 12.03 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 48.67 30072 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 80.46 30072 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 36.84 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 30.57 30072 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 183.08 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 48.46 30072 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 101.29 30072 02/12/2026 7000 Internal Service Fund Small Tools BIG CREEK LUMBER COMPANY 9.67 30072 02/12/2026 0001 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 75.59 30072 02/12/2026 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 18.88 Check Total: 924.43
30073 02/12/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 756.00 30073 02/12/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 31.94 AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 2
--

Check Number Check Date Fund Account Name Vendor Name Void Amount 30073 02/12/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 201.40 30073 02/12/2026 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 419.44 Check Total: 1,408.78
30074 02/12/2026 7000 Internal Service Fund Operations & Maintenance BURTONS FIRE INC 461.59 Check Total: 461.59
30075 02/12/2026 6007 1,2,3-TCP Fund Professional Services CALGON CARBON 12,600.00 Check Total: 12,600.00
30076 02/12/2026 0001 General Fund Training CITY OF FRESNO 623.00 30076 02/12/2026 0001 General Fund Training CITY OF FRESNO 623.00 Check Total: 1,246.00
30077 02/12/2026 7000 Internal Service Fund Communications COMCAST 1,680.49 Check Total: 1,680.49
30078 02/12/2026 7000 Internal Service Fund Utilities COMCAST 272.79 Check Total: 272.79
30079 02/12/2026 0001 General Fund Special Departmental Expense CPS HR CONSULTING 792.00 Check Total: 792.00
30080 02/12/2026 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 498.20 30080 02/12/2026 7000 Internal Service Fund Professional Services DELRAY TIRE 192.95 30080 02/12/2026 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,117.69 Check Total: 1,808.84
30081 02/12/2026 0004 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 326.18 Check Total: 326.18
30082 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS 12,557.40 30082 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS 984.63 30082 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS 804.75 Check Total: 14,346.78
30083 02/12/2026 7000 Internal Service Fund Operations & Maintenance FORD PRO 88.87 ',
AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 3

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 88.87
30084 02/12/2026 7000 Internal Service Fund Professional Services FRESNO ROOFING COMPANY, INC. 770.43 Check Total: 770.43
30085 02/12/2026 0001 General Fund Training MIKE FRIEDBERG 332.59 Check Total: 332.59
30086 02/12/2026 6010 Sewer Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 185.12 Check Total: 185.12
30087 02/12/2026 0001 General Fund Community Center Deposits CHRISTINA GONZALEZ 350.00 Check Total: 350.00
30088 02/12/2026 0001 General Fund Training DAVE GOODWIN 132.31 Check Total: 132.31
30089 02/12/2026 0001 General Fund Professional Services GUARDIAN ALLIANCE TECHNOLOGIES INC 100.00 Check Total: 100.00
30090 02/12/2026 7000 Internal Service Fund Professional Services HOFFMAN SECURITY 150.00 Check Total: 150.00
30091 02/12/2026 0001 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,243.50 Check Total: 1,243.50
30092 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense JORGENSEN COMPANY 984.73 Check Total: 984.73
30093 02/12/2026 6010 Sewer Enterprise Fund Small Tools KELLOGG SUPPLY 73.94 30093 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 43.64 30093 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 456.76 30093 02/12/2026 6010 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 41.51 Check Total: 615.85
30094 02/12/2026 0001 General Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 15,242.00 30094 02/12/2026 0001 General Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 314.18 —.
i
AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 4

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 15,556.18
30095 02/12/2026 0001 General Fund Professional Services LEIST AND ASSOCIATES 3,562.55 Check Total: 3,562.55
30096 02/12/2026 7000 Internal Service Fund Professional Services LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
30097 02/12/2026 0001 General Fund Community Center Deposits MARCELINA MALDONADO 210.00 Check Total: 210.00
30098 02/12/2026 7000 Internal Service Fund Operations & Maintenance MC REGIONAL WASTE MGMT. AUTH. 90.00 30098 02/12/2026 7000 Internal Service Fund Operations & Maintenance MC REGIONAL WASTE MGMT. AUTH. 90.00 Check Total: 180.00
30099 02/12/2026 0001 General Fund Coed Summer Softball MCNAMARA SPORTS 110.39 Check Total: 110.39
30100 02/12/2026 1020 Parks and Recreation Fund Special Departmental Expense MERCED COUNTY AUDITOR CONTROLLER 473.26 Check Total: 473.26
30101 02/12/2026 7000 Internal Service Fund Professional Services MISTER CAR WASH 624.00 Check Total: 624.00
30102 02/12/2026 6010 Sewer Enterprise Fund Professional Services MUNICIPAL MAINTENANCE EQUIPMENT 8,700.00 30102 02/12/2026 7000 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIPMENT 884.26 30102 02/12/2026 7000 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIPMENT 794.00 Check Total: 10,378.26
30103 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 21.25 30103 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense O'REILLYAUTO PARTS 14.12 Check Total: 35.37
30104 02/12/2026 6010 Sewer Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 7,959.00 Check Total: 7,959.00
30105 02/12/2026 5019 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 1,485.64 30105 02/12/2026 5011 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 29.97 AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 5
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Check Number Check Date Fund Account Name Vendor Name Void Amount 30105 02/12/2026 7000 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 8,521.28 30105 02/12/2026 5002 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 244.67 30105 02/12/2026 5008 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 224.83 30105 02/12/2026 5009 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 1,301.86 30105 02/12/2026 5001 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 1,864.96 30105 02/12/2026 5006 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 18.35 30105 02/12/2026 5007 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 27.28 30105 02/12/2026 0001 General Fund Utilities PACIFIC GAS & ELECTRIC 3,287.59 30105 02/12/2026 1011 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,937.01 30105 02/12/2026 0001 General Fund Utilities PACIFIC GAS & ELECTRIC 5,146.33 30105 02/12/2026 5036 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 475.80 30105 02/12/2026 5017 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 169.69 30105 02/12/2026 5004 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 16.65 30105 02/12/2026 5005 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 55.67 30105 02/12/2026 6010 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 8,715.41 30105 02/12/2026 7000 Internal Service Fund Operations & Maintenance PACIFIC GAS & ELECTRIC 1,157.28 30105 02/12/2026 6000 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 31,675.25 30105 02/12/2026 5003 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 64.65 30105 02/12/2026 5013 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 26.65 30105 02/12/2026 6000 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 15,394.58 Check Total: 95,841.40
30106 02/12/2026 0001 General Fund Special Departmental Expense QUADIENT, INC. 121.56 30106 02/12/2026 0001 General Fund Rents & Leases QUADIENT, INC. 36.00 30106 02/12/2026 0001 General Fund Office Supplies QUADIENT, INC. 2,891.16 Check Total: 3,048.72
30107 02/12/2026 0001 General Fund Planning Deposits RHYOLITE DEVELOPMENT & CONSTRUCTIO] 964.04 Check Total: 964.04
30108 02/12/2026 0001 General Fund Rents & Leases SUN RIDGE SYSTEMS INC 9,250.00 Check Total: 9,250.00
30109 02/12/2026 7000 Internal Service Fund Utilities TER tkFORM PHOENIX IIARCADIA HOLDING 1,190.68 30109 02/12/2026 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 6,015.58 30109 02/12/2026 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,671.51 Check Total: 9,877.77
30110 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense TESCO CONTROLS, INC. 1,026.00 Check Total: 1,026.00
AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 6
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Check Number Check Date Fund Account Name Vendor Name Void Amount 30111 02/12/2026 0001 General Fund Professional Services TRANSUNION RISK AND ALTERNATIVE DATA 115.00 Check Total: 115.00
30112 02/12/2026 0001 General Fund Special Departmental Expense ULINE 303.87 Check Total: 303.87
30113 02/12/2026 0001 General Fund Rents & Leases US BANK EQUIPMENT FINANCE 137.14 Check Total: 137.14
30114 02/12/2026 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 562.50 Check Total: 562.50
30115 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 152.14 Check Total: 152.14
30116 02/12/2026 6000 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 31.22 30116 02/12/2026 6010 Sewer Enterprise Fund Small Tools WINTON HARDWARE 81.20 Check Total: 112.42
30117 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense XYLEM DEWATERING SOLUTIONS INC 772.13 30117 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense XYLEM DEWATERING SOLUTIONS INC 625.31 30117 02/12/2026 6010 Sewer Enterprise Fund Rents & Leases XYLEM DEWATERING SOLUTIONS INC 4,322.38 30117 02/12/2026 6010 Sewer Enterprise Fund Special Departmental Expense XYLEM DEWATERING SOLUTIONS INC 1,432.24 Check Total: 7,152.06
Report Total: 396,673.58
AP-Checks for Approval (2/12/2026 - 1:12 PM) Page 7

Anna Nicholas, Finance Director
Warrant Summary February 19, 2026
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
Date Description Amount
2/13/26 - 2/18/26 Prewrittens (Checks Processed Between Warrants) $ 2/19/2026 Warrant $ 471,138.65
Total $ 471,138.65
Date
Additional Warrants
Description Amount
Total
Date Description
Payroll
Amount
Total
Grand Total: $ 471,138.65
' c,.

Mark Borba, City Treasurer

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
2/19/2026 - 9:49 AM
city of
ceammwait to Pride cit v Fide
7&O Bellevue Road', l 3atater CA 9 Q1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 02/19/2026 0001 General Fund Special Departmental Expense UBEO WEST LLC 211.50 0 02/19/2026 6001 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 3,693.80 0 02/19/2026 7000 Internal Service Fund Special Departmental Expense UBEO WEST LLC 164.28 0 02/19/2026 0001 General Fund Special Departmental Expense UBEO WEST LLC 105.75 0 02/19/2026 0001 General Fund Special Departmental Expense UBEO WEST LLC 211.50 Check Total: 4,386.83
30118 02/19/2026 0001 General Fund Special Departmental Expense AIRGAS USA LLC 145.43 Check Total: 145.43
30119 02/19/2026 0001 General Fund Training AMERICAN RIVER COLLEGE 105.50 30119 02/19/2026 0001 General Fund Training AMERICAN RIVER COLLEGE 101.00 Check Total: 206.50
30120 02/19/2026 7000 Internal Service Fund Professional Services ASSOCIATES LOCK & SAFE SERVICE 127.50 Check Total: 127.50
30121 02/19/2026 0001 General Fund Communications AT&T 219.35 Check Total: 219.35
30122 02/19/2026 7000 Internal Service Fund Communications AT&T MOBILITY 44.59 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 86.23 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 222.70 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 44.59 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 258.69 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 488.88 30122 02/19/2026 0009 Abandoned Veh Abatement Fund Communications AT&T MOBILITY 96.03 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 393.39 30122 02/19/2026 1011 Gas Tax/Street Improvement Communications AT&T MOBILITY 266.34 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 89.18 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 896.28 AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 1
_

Check Number Check Date Fund Account Name Vendor Name Void Amount 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 44.59 30122 02/19/2026 7030 Information Technology Fund Communications AT&T MOBILITY 131.12 30122 02/19/2026 7000 Internal Service Fund Communications AT&T MOBILITY 44.59 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 177.21 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 90.98 30122 02/19/2026 6000 Water Enterprise Fund Communications AT&T MOBILITY 131.72 30122 02/19/2026 7000 Internal Service Fund Communications AT&T MOBILITY 86.23 30122 02/19/2026 7030 Information Technology Fund Communications AT&T MOBILITY 45.49 30122 02/19/2026 1011 Gas Tax/Street Improvement Communications AT&T MOBILITY 45.49 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 318.73 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 1,396.54 30122 02/19/2026 6010 Sewer Enterprise Fund Communications AT&T MOBILITY 492.26 30122 02/19/2026 6000 Water Enterprise Fund Communications AT&T MOBILITY 578.82 30122 02/19/2026 0001 General Fund Communications AT&T MOBILITY 131.72 Check Total: 6,602.39
30123 02/19/2026 6000 Water Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 17,148.50 Check Total: 17,148.50
30124 02/19/2026 6000 Water Enterprise Fund Professional Services BSKASSOCIATES 63.88 30124 02/19/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 83.40 30124 02/19/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 83.40 30124 02/19/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 201.40 30124 02/19/2026 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 222.40 Check Total: 654.48
30125 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 129.17 30125 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 5.39 Check Total: 134.56
30126 02/19/2026 0001 General Fund Memberships & Subscriptions CALIFORNIA BUILDING OFFICIALS 275.00 Check Total: 275.00
30127 02/19/2026 7000 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 126.00 Check Total: 126.00
30128 02/19/2026 7000 Internal Service Fund Utilities COMCAST 133.77 Check Total: 133.77
30129 02/19/2026 0001 General Fund Uniform & Clothing Expense CRESCENT SUPPLY 140.40 AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 2
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Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 140.40
30130 02/19/2026 0001 General Fund Professional Services CSG CONSULTANTS, INC. 13,423.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 8,372.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 5,876.00 30130 02/19/2026 0001 General Fund Professional Services CSG CONSULTANTS, INC. 200.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 8,418.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 8,060.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 7,644.00 30130 02/19/2026 0001 General Fund Professional Services CSG CONSULTANTS, INC. 15,736.00 30130 02/19/2026 0001 General Fund Professional Services CSG CONSULTANTS, INC. 2,632.00 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 6,188.00 30130 02/19/2026 0001 General Fund Plan Check Fees CSG CONSULTANTS, INC. 2,954.75 30130 02/19/2026 0001 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,732.00 30130 02/19/2026 0001 General Fund Professional Services CSG CONSULTANTS, INC. 960.00 Check Total: 85,195.75
30131 02/19/2026 1011 Gas Tax/Street Improvement Professional Services MARTIN DURAN 390.00 Check Total: 390.00
30132 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 153.32 Check Total: 153.32
30133 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense GARTON TRACTOR INC 213.58 Check Total: 213.58
30134 02/19/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 583.97 30134 02/19/2026 0001 General Fund Special Departmental Expense HORIZON DISTRIBUTORS INC 58.22 30134 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense HORIZON DISTRIBUTORS INC 134.84 Check Total: 777.03
30135 02/19/2026 1011 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 193.76 30135 02/19/2026 1011 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 4,719.26 Check Total: 4,913.02
30136 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 354.02 Check Total: 354.02
30137 02/19/2026 0004 Public Safety Trans & Use Tax Professional Services LEXISNEXIS COPLOGIC SOLUTIONS INC 988.80 —
AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 3

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 988.80
30138 02/19/2026 0001 General Fund Training AMARPREET MAHOLI 186.58 Check Total: 186.58
30139 02/19/2026 7000 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 526.10 30139 02/19/2026 7000 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 370.68 Check Total: 896.78
30140 02/19/2026 0001 General Fund Professional Services MERCED COUNTY SHERIFF'S DEPARTMENT 3,698.96 Check Total: 3,698.96
30141 02/19/2026 5043 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 270.20 30141 02/19/2026 5031 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.80 30141 02/19/2026 5046 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 20.80 30141 02/19/2026 5024 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 62.42 30141 02/19/2026 5045 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 399.43 30141 02/19/2026 5028 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 77.09 30141 02/19/2026 6000 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 9,974.79 30141 02/19/2026 5035 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.80 30141 02/19/2026 5010 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 122.10 30141 02/19/2026 5030 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 348.37 30141 02/19/2026 6010 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 6,382.93 30141 02/19/2026 1011 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 1,090.12 30141 02/19/2026 5032 America West LD Utilities MERCED IRRIGATION DISTRICT 170.94 30141 02/19/2026 5034 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 379.27 30141 02/19/2026 5026 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 38.58 30141 02/19/2026 5023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 585.53 30141 02/19/2026 0001 General Fund Utilities MERCED IRRIGATION DISTRICT 926.64 30141 02/19/2026 6010 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 748.92 30141 02/19/2026 5039 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 732.61 30141 02/19/2026 5009 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 231.29 30141 02/19/2026 5025 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 77.09 30141 02/19/2026 5041 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 664.89 30141 02/19/2026 5036 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 476.10 Check Total: 23,821.71
30142 02/19/2026 7000 Internal Service Fund Professional Services MERCED SMOG CENTER 41.75 30142 02/19/2026 7000 Internal Service Fund Professional Services MERCED SMOG CENTER 41.75 30142 02/19/2026 7000 Internal Service Fund Professional Services MERCED SMOG CENTER 41.75 AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 4

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 125.25
30143 02/19/2026 7000 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 33.84 Check Total: 33.84
30144 02/19/2026 0001 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 166.85 Check Total: 166.85
30145 02/19/2026 6020 Sanitation Enterprise Fund Refuse Service Charge MID-VALLEY DISPOSAL LLC -19,013.33 30145 02/19/2026 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -20,938.02 30145 02/19/2026 6020 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 299,114.59 30145 02/19/2026 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,973.44 30145 02/19/2026 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,910.83 30145 02/19/2026 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -20,791.92 Check Total: 220,487.05
30146 02/19/2026 7000 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 29.94 30146 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 45.58 Check Total: 75.52
30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.97 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 310.57 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -37.63 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 49.67 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 123.04 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -54.38 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.60 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 86.96 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 37.63 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 30.21 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 26.09 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 2,956.91 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 63.05 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 104.05 30147 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 21.74 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -2,956.91 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 26.08 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.25 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 162.96 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 44.60 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.34 AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 5
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Check Number Check Date Fund Account Name Vendor Name Void Amount 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 995.23 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 59.24 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 41.10 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.78 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 63.97 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -467.78 30147 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 1,771.48 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 181.72 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -14.25 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.34 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.19 30147 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 39.12 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 55.44 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 36.95 30147 02/19/2026 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 13.04 30147 02/19/2026 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 22.82 Check Total: 3,908.19
30148 02/19/2026 6010 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 45.96 30148 02/19/2026 1011 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 25.80 Check Total: 71.76
30149 02/19/2026 0001 General Fund Special Departmental Expense PACIFIC STORAGE COMPANY 642.10 Check Total: 642.10
30150 02/19/2026 6000 Water Enterprise Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 8,044.25 Check Total: 8,044.25
30151 02/19/2026 6000 Water Enterprise Fund Professional Services PROVOST & PRITCHARD CONSULTING GROU 7,416.00 Check Total: 7,416.00
30152 02/19/2026 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 33.47 30152 02/19/2026 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 179.82 30152 02/19/2026 7000 Internal Service Fund Professional Services RAZZARI DODGE CHRYSLER JEEP RAM 675.00 30152 02/19/2026 7000 Internal Service Fund Professional Services RAZZARI DODGE CHRYSLER JEEP RAM 675.00 30152 02/19/2026 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 456.76 Check Total: 2,020.05
30153 02/19/2026 0001 General Fund Community Center Deposits ANTHONY RIVERA 350.00 30153 02/19/2026 0001 General Fund Community Center Deposits ANTHONY RIVERA 210.00 AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 6

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 560.00
30154 02/19/2026 1011 Gas Tax/Street Improvement Uniform & Clothing Expense SAFE-T-LITE 113.35 Check Total: 113.35
30155 02/19/2026 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 272.23 Check Total: 272.23
30156 02/19/2026 0001 General Fund Office Supplies STAPLES 180.35 30156 02/19/2026 0001 General Fund Special Departmental Expense STAPLES 171.15 30156 02/19/2026 0001 General Fund Office Supplies STAPLES 26.82 30156 02/19/2026 0001 General Fund Office Supplies STAPLES 28.25 Check Total: 406.57
30157 02/19/2026 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 997.33 30157 02/19/2026 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 2,102.22 30157 02/19/2026 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 677.51 Check Total: 3,777.06
30158 02/19/2026 0001 General Fund Special Departmental Expense THE SIGN GUYS 42.96 30158 02/19/2026 0001 General Fund Fire Marshal Supplies THE SIGN GUYS 94.96 Check Total: 137.92
30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 3,000.00 30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 3,406.25 30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 7,093.75 30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 19,937.50 30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 10,937.50 30159 02/19/2026 0001 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 4,812.50 Check Total: 49,187.50
30160 02/19/2026 6010 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.01 30160 02/19/2026 0001 General Fund Communications VERIZON WIRELESS 38.37 30160 02/19/2026 6010 Sewer Enterprise Fund Communications VERIZON WIRELESS 38.83 30160 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 30160 02/19/2026 7000 Internal Service Fund Utilities VERIZON WIRELESS 80.04 30160 02/19/2026 7000 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 30160 02/19/2026 6000 Water Enterprise Fund Communications VERIZON WIRELESS 78.88 Check Total: 354.15
AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 7
_
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Check Number Check Date Fund Account Name Vendor Name Void Amount 30161 02/19/2026 1014 CRP Carbon Reduction Prog Fund Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 6,081.39 30161 02/19/2026 0003 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 2,249.28 30161 02/19/2026 0008 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 291.42 30161 02/19/2026 0008 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 787.91 30161 02/19/2026 6010 Sewer Enterprise Fund Atwater Blvd Drainage Imprvmts VVH CONSULTING SERVICES 12,000.00 Check Total: 21,410.00
30162 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 29.08 30162 02/19/2026 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 9.67 Check Total: 38.75
Report Total: 471,138.65
AP-Checks for Approval (2/19/2026 - 9:49 AM) Page 8
—

JOINT SPECIAL MEETING

CITY COUNCIL AND PLANNING COMMISSION

ACTION MINUTES
January 28, 2026
Evelyn Chambers Room, Atwater Community Center, 760 E. Bellevue Road, Atwater, California

CALL TO ORDER
The Closed Session was called to order at 5:15 PM.

ROLL CALL

Present: Mayor Nelson, Mayor Pro Tem Cale, Council Members Ambriz, Raymond, Rochester

Absent: Raymond

CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation – Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (1) There was no Public Comment.

CALL TO ORDER
The Special City Council meeting was called to order at 6:00 PM.

INVOCATION:

Provided by Chaplain McClellan

CITY OF ATWATER
Minutes

Joint Special City Council/Planning Commission Meeting Action Minutes for April 28, 2025 Page 2 PLEDGE OF ALLEGIANCE:

Led by Mayor Nelson

ROLL CALL

Present: Mayor Nelson, Mayor Pro Tem Cale, Council Members Ambriz, Rochester, Planning Commissioners Conour, Gomez, Mokha, Sanchez-Garcia and Borgwardt

Absent: Raymond

COMMENTS FROM THE PUBLIC
Public comments were received regarding Striping on the streets, community members, various ordinances, developments projects, unity amongst departments, the unhoused community , various parks in the community and permit requirements.

CONSENT CALENDAR:

Items Removed for Separate Consideration and Discussion: Item 2 Motion to approve Consent Calendar as amended.

MOTION: Cale
SECOND: Rochester
ABSENT: Raymond
VOTE: Motion passed.

Approved Items:
• Item 1: Warrants – January 15, 2026
• Item 3: Adoption of Resolution No. SA 2026-2 approving Budget Amendment No. 4 Amending Fiscal Year 2025-26 Budget to establish revenue budget for a rehabilitation loan repayment funded by the former Atwater Redevelopment Agency Low-and Moderate Income Housing Fund $61,500 and Cost Recovery for RSG Inc., Consulting services in the amount of $4,500.00: and Adoption of Resolution No. SA 2026-1 authorizing and directing the City Manager to execute the Assignment and Assumption Agreement and any other agreements or documents required for the transfer of certain real property on behalf of the Successor Agency.

Motion to approve Item 2.

Adoption of Resolution No. 3586-26, authorizing and directing the City Manager to execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2024/2025 and adoption of Resolution No. 3587-26, approving Budget Amendment No. 1 amending Fiscal Year 25-26 to establish a budget in the Regional Surface Transportation Program (RSTP) Fund, for the RSTP Exchange Funds Claim.

Joint Special City Council/Planning Commission Meeting Action Minutes for April 28, 2025 Page 3 MOTION: Cale
SECOND: Ambriz
ABSENT: Raymond
VOTE: Motion passed
GENERAL PLAN UPDATE:

Review and discuss the Draft General Plan Land Use map, and City Council to provide directions to proceed with finalization of the General Plan and EIR (Ben Ritchie, DeNovo Planning Group)
City Manager Hoem provided background information on this item and introduced Ben Ritchie, Principal of DeNovo Planning Group.

Ben Ritchie gave a PowerPoint presentation regarding the City of Atwater General Plan Status Update.

Mayor Nelson opened public comments regarding this item.

Public comments were received.

City Council Members and Planning Commissioners provided their comments regarding the General Plan.

ADJOURNMENT:

Mayor Nelson adjourned the Special Meeting at 7:48 PM.

APPROVED:
________________________________

MIKE NELSON
MAYOR
ATTEST:
________________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

February 23, 2026
TO: Mayor and City Council
FROM: Robert Carvalho, CAL Fire Battalion Chief/Fire Marshal

PREPARED
BY:

Atwater City Fire Department Fire Department, Office Technician SUBJECT: Awarding and Approving an Agreement with Elite Maintenance & Tree Service for Weed Abatement Services (CAL Fire Battalion Chief/Fire Marshal Carvalho)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3596-26 awarding and approving the General Services Agreement with Elite Maintenance & Tree Service of Ceres, California, in a form approved by the City Attorney, and authorizing and directing the City Manager to execute the agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City desires to enter into an agreement for services with a qualified proposer of weed abatement services who can demonstrate competency and experience in providing services. In addition to experience, the proposer shall provide excellent customer service, minimize City costs and perform thorough and complete services.

The City issued a Request for Proposal for Weed Abatement Services on December 16, 2025.

The City issued the RFP for Weed Abatement Services on December 16, 2025, and received a total of one response from qualified firms. The response packet was reviewed by the Fire Department based on predetermined criteria that were included in the RFP package. The City received a proposal from a well-qualified firm that has many years of experience across multiple industries. After review, scoring and evaluation by the Fire Department, the Fire Department selected Elite Maintenance & Tree Service to enter into an agreement to perform weed abatement services for the City.

EMTS, Inc. (Elite) has well over 35 years of experience in the landscape industry and prides itself in offering superior quality work with undeniable work ethics. They are California Incorporated, and have five main operating facilities throughout the state and various satellite yards. As such they have also established vendor-client relationships with several local and nationwide landscape suppliers to accommodate all landscape maintenance supply needs. As an added benefit to clients, they own and make use of

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

Agenda Report - Awarding and Approving an Agreement with Elite Maintenance & Tree Service for Weed Abatement Services (CAL Fire Battalion Chief/Fire Marshal Carvalho) Page 2

an in-house equipment rental service, Lokes, if any additional heavy equipment is needed.

Once the City enters into agreement with Elite Maintenance & Tree Service, the City will be able to begin referrals of weed abatement service to the external agency, Elite Maintenance & Tree Service, to pursue weed abatement compliance for the City utilizing tools, equipment & chemical applications that can be deployed. Having an established weed abatement services agency in place as a vendor with the City provides an additional method of compliance to reduce fire risk, safeguard homes and businesses, and support the Fire Marshal’s Office in protecting life and property.

II. FISCAL IMPACTS:

Funding for the proposed agreement has been included in the current fiscal year budget. Consistent with the City’s adopted Fee Schedule, the City will recover the Contractor’s actual costs plus a 20% administrative fee.

The item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

The item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The item has been reviewed by relevant departments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to comment on this item.

VIII. ENVIRONMENTAL REVIEW:

This item is not subject to the provisions of the California Environmental Quality Control Act.

IX. STEPS FOLLOWING APPROVAL:

The City Clerk's Office will obtain appropriate signatures and distribute the agreement to all interested parties.

Submitted by:

Agenda Report - Awarding and Approving an Agreement with Elite Maintenance & Tree Service for Weed Abatement Services (CAL Fire Battalion Chief/Fire Marshal Carvalho) Page 3

Robert Carvalho, CAL Fire Battalion Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Resolution XXXX-26 Weed Abatement Service - Elite Maintenance & Tree Service

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AWARDING AND APPROVING THE GENERAL

SERVICES AGREEMENT WITH ELITE MAINTENANCE &

TREE SERVICE OF CERES, CALIFORNIA, FOR WEED

ABATEMENT SERVICES
WHEREAS, the City issued the RFP for Weed Abatement Services on December 16, 2025, and received a total of one response from qualified firms. The response packets were reviewed by the Fire Department based on predetermined criteria that were included in the RFP package. The City received a proposal from well-qualified firm that has many years of experience across multiple industries. After review, scoring and evaluation by the Fire Department, the Fire Department selected Elite Maintenance & Tree Service to enter into an agreement to perform weed abatement services for the City. and
WHEREAS, EMTS, Inc. (Elite) has well over 35 years of experience in the landscape industry and prides itself in offering superior quality work with undeniable work ethics.

They are California Incorporated and have five main operating facilities throughout the state and various satellite yards. As such they have also established vendor-client relationships with several local and nationwide landscape suppliers to accommodate all landscape maintenance supply needs. As an added benefit to clients, they own and make use of an in-house equipment rental service, Lokes, if any additional heavy equipment is needed; and
WHEREAS, once the City enters into agreement with Elite Maintenance & Tree Service, the City will be able to begin referrals of weed abatement service to the external agency, Elite Maintenance & Tree Service, to pursue weed abatement compliance for the City utilizing tools, equipment & chemical applications that can be deployed. Having an established weed abatement services agency in place as a vendor with the City provides an additional method of compliance to reduce fire risk, safeguard homes and businesses, and support the Fire Marshal’s Office in protecting life and property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby award and approve the General Services Agreement with Elite Maintenance & Tree Service of Ceres, California, in a form approved by the City Attorney, and authorizing and directing the City Manager to execute the agreement on behalf of the City.

Resolution No. XXXX-26 Page 2
The foregoing resolution is hereby adopted this 23th day of February 2026.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

February 23, 2026
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Approving a Purchase Agreement (Purchase Order) with Cummins Sales and Service for Repairs on Engine 42 (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order) to Cummins Sales and Service of Fresno, California for repairs on Engine 42, in an amount not to exceed $26,098.36; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.

I. BACKGROUND/ANALYSIS:

Background:

Engine 42, a 2010 Ferrara Fire Apparatus, has served as a frontline emergency response vehicle for the City of Atwater for approximately 16 years, handling fire suppression, medical calls, rescues, and mutual aid. Due to long idle times, heavy operational demands, and constant readiness requirements, emergency vehicles experience significantly more mechanical stress than typical commercial vehicles.

Engine 42 was taken out of service and sent to Cummins to repair a leaking head gasket. During disassembly, technicians removed the cylinder head and discovered two failed valve guides. Based on their inspection, Cummins has recommended replacing the cylinder head assembly and related internal components, including the cylinder liners, pistons, and main bearings.

Analysis:

Fire engines are heavy-duty emergency vehicles built to operate under extreme conditions, and after 16 years of frontline service, significant mechanical wear is expected. The failed valve guides and related findings indicate the engine’s internal components are nearing the end of their reliable service life, and addressing only the head gasket would likely lead to continued failures and higher long-term costs.

Cummins has recommended a comprehensive rebuild, including replacement of the cylinder head, liners, pistons, and main bearings, rather than a temporary repair.

Completing these repairs would extend Engine 42’s service life, improve reliability and

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

Agenda Report - Approving a Purchase Agreement (Purchase Order) with Cummins Sales and Service for Repairs on Engine 42 (Public Works Director Vinson) Page 2

readiness, and reduce the risk of catastrophic failure while avoiding premature replacement. Given that a new fire engine can cost close to or more than $1,000,000, the recommended repairs represent a fiscally responsible investment that protects both public safety and City resources.

The City maintains an agreement with the County for routine maintenance and standard apparatus repairs. Sending an engine to the original manufacturer’s shop for rebuild ensures the work is completed by technicians who specialize in the exact engine model and factory specifications. The manufacturer's shop has direct access to proprietary tools, updated technical bulletins, engineering revisions and genuine (Original Equipment Manufacturer) OEM parts. This results in precise machining tolerances, proper calibration and thorough testing procedures that restore the engine to factory performance standards. Additionally, manufacturer rebuilds often include stronger warranty coverage and potentially reduce long-term risk, downtime, and overall lifecycle. This is the same process and facility utilized by the County for its equipment with Cummins engines requiring this extensive repair.

II. FISCAL IMPACTS:

While the repair cost represents an unplanned maintenance expense, it is substantially less than the replacement of the apparatus. Approving the recommended repairs will protect the City’s prior capital investment in Engine 42 and provide additional years of dependable service.

Sufficient funding is available in the Fiscal Year 2025-26 Budget, Internal Services Fund, Equipment Maintenance, Professional Services Account No. 7000.9091.3030 and Internal Services Fund, Equipment Maintenance, Operations and Maintenance Account No. 7000.9091.3035.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goals number one (1) and two (2) of the City'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 relevant departments.

Agenda Report - Approving a Purchase Agreement (Purchase Order) with Cummins Sales and Service for Repairs on Engine 42 (Public Works Director Vinson) Page 3

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the Purchase Requisition will be sent to the Finance Department and then a Purchase Order will be generated.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Chris Hoem, City Manager
Attachments:

1. SM_INV2_634400__

18-FEB-2026 15663
E-42
ISC CM2150 HME
15-DEC-2025 SPECTR
108180.2 / 9549
73050985

COMPLAINT
CAUSE

CORRECTION

FREE INSPECTION

1. CHECK ENGINE LIGHT RELATED TO JEGG BRAKES

2. CUSTOMER CONCERNS: IS THIS UN REPAIRABLE? CAN IT BE RE-POWERED?

3. POSSIBLE HEAD GASKET LEAK.

NOTE: UNIT CAUGHT FIRE BACK IN 2012

FAILED JAKE BRAKE WIRING HARNESS / QUOTE TO REPAIR HEAD GASKET

LEAKING
ECM CODE:

ESN: 73050985

FAILED JAKE BRAKE WIRING HARNESS / QUOTE TO REPAIR HEAD GASKET

LEAKING / FAILED HEAD - BAD VALVE GUIDES
ECM CODE:

ESN: 73050985

STEAM CLEAN - SINGLE COMPONENT REPAIR

ELECTRONIC SERVICE TOOL - OPERATE

TECHNICIAN ADMINISTRATIVE TIME - NON-FIELD ACTION SERVICE EVENTS

CYLINDER BLOCK - MACHINE COUNTERBORE DEPTH FOR SHIMS, ALL

CYLINDER HEAD REMOVE AND INSTALL (WITH EGR)

CRANKCASE BREATHER - REMOVE AND INSTALL

AFTERTREATMENT DIESEL OXIDATION CATALYST - REMOVE AND INSTALL

AFTERTREATMENT DIESEL PARTICULATE FILTER - REMOVE AND INSTALL

WIRING HARNESS, ENGINE BRAKE - REPLACE

COURTESY VISUAL INSPECTION

JOB SAFETY ASSESSMENT

THANK YOU FOR YOUR BUSINESS

STEAM CLEAN - SINGLE COMPONENT REPAIR

ELECTRONIC SERVICE TOOL - OPERATE

TECHNICIAN ADMINISTRATIVE TIME - NON-FIELD ACTION SERVICE EVENTS

CITY OF ATWATER PUBLIC WORKS D
470 AVIATOR DR
ATWATER, CA 95301-
Billing Inquiries? Call (877)480-6970
634400
238375

CITY OF ATWATER PUB WOR
470 AVIATOR DR
ATWATER, CA 95301- *** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
1 APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________

PAGE OF

INVOICE NO

BILL TO OWNER

OSN/MSN/VIN NA
JOE BURKHARDT - 209 3576370
Completion date : 16-Dec-2025 01:10PM. Estimate expires : 18-Mar-2026 11:46AM. 4

TERMS AND CONDITIONS
These terms and conditions ("Terms and Conditions"), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins.

In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. The terms and conditions printed on the back of this invoice shall be deemed subordinate to, and shall not supersede, any pre-existing written agreement, purchase order, contract, or other mutually agreed-upon document between the Customer and Cummins (collectively, the "Pre-Existing Agreement"). In the event of any conflict or inconsistency between this Agreement and the terms of any such Pre-Existing Agreement, the terms of the Pre-Existing Agreement shall govern and control. The Customer and Cummins expressly acknowledge and agree that the Pre-Existing Agreement remains in full force and effect, and that the terms of this Agreement shall not modify or amend any provisions of the Pre-Existing Agreement unless specifically agreed to in writing by both parties.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) ("Goods") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair ("Service(s)") on the equipment identified in the Quote and/or Invoice ("Equipment"), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ("Quote Validation Period").

At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. All sales are subject to Customer's ongoing credit approval. While Cummins may initially extend Net 30 payment terms upon Cummins' approval of Customer's credit application, Cummins reserves the right to reassess Customer's creditworthiness at any time prior to shipment. If, in Cummins' sole discretion, Customer's financial condition weakens or otherwise declines, Customer has past due invoices with Cummins, or Cummins otherwise determines that extending credit terms is no longer commercially reasonable, Cummins may, upon notice to Customer, (i) require full or partial payment in advance, (ii) require an alternative form of security satisfactory to Cummins, including but not limited to a letter of credit or payment bond, or (iii) withhold shipment until such payment or security is provided. Cummins shall not be liable for any delays or damages resulting from the enforcement of this provision.

If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customerowned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either:
(i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS'

DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN

THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement.

General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold "as is, where is" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the "Claims"), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW, VENUE, AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction over, regarding, or relating to any dispute or claim arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ("Shipment Date") or, in the case of Services, the date of performance ("Performance Date"), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins? control.

18. TARIFF AND DUTY SURCHARGES. In addition to any adjustments otherwise provided for in this Agreement, in the event of any increase in the cost of purchased materials due to the impact of any tariffs, duties, levies, or similar government charges ("Tariffs") in effect during the term of this Agreement, the parties agree that such increases shall be passed through directly to the Customer effective immediately upon Cummins' notice to the Customer of such increases. The Customer shall pay Tariff-related increases within thirty (30) days of receipt of invoice.

19. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice.

No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

20. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

18-FEB-2026 15663
E-42
ISC CM2150 HME
15-DEC-2025 SPECTR
108180.2 / 9549
73050985

COVERAGE

CYLINDER LINER - REMOVE AND INSTALL, ALL (PISTON REMOVED)

BEARINGS, MAIN, ROD AND THRUST - REMOVE AND INSTALL, ALL

CYLINDER BLOCK - MACHINE COUNTERBORE DEPTH FOR SHIMS, ALL

PISTON AND LINER - REMOVE AND INSTALL, ALL (WITH EGR)

CYLINDER HEAD REMOVE AND INSTALL (WITH EGR)

CRANKCASE BREATHER - REMOVE AND INSTALL

AFTERTREATMENT DIESEL OXIDATION CATALYST - REMOVE AND INSTALL

AFTERTREATMENT DIESEL PARTICULATE FILTER - REMOVE AND INSTALL

WIRING HARNESS, ENGINE BRAKE - REPLACE

COURTESY VISUAL INSPECTION

JOB SAFETY ASSESSMENT

THANK YOU FOR YOUR BUSINESS

CUSTOMER BILLABLE

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 CITY OF ATWATER PUBLIC WORKS D
470 AVIATOR DR
ATWATER, CA 95301-
1 COURTESY INSPECTION COURTESY INSPECTION
Billing Inquiries? Call (877)480-6970
634400
238375

CITY OF ATWATER PUB WOR
470 AVIATOR DR
ATWATER, CA 95301- *** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
2 0.00
CR
CR
CR

0.00 APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ SURCHARGE TOTAL:

TOTAL PARTS:

TOTAL LABOR:

TOTAL MISC.:

PARTS COVERAGE CREDIT:

LABOR COVERAGE CREDIT:

MISC. COVERAGE CREDIT:

PARTS:

LABOR:

MISC.:

DIAGNOSTIC CHARGE:

PAGE OF

INVOICE NO

BILL TO OWNER

OSN/MSN/VIN NA
JOE BURKHARDT - 209 3576370
Completion date : 16-Dec-2025 01:10PM. Estimate expires : 18-Mar-2026 11:46AM. 4

TERMS AND CONDITIONS
These terms and conditions ("Terms and Conditions"), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins.

In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. The terms and conditions printed on the back of this invoice shall be deemed subordinate to, and shall not supersede, any pre-existing written agreement, purchase order, contract, or other mutually agreed-upon document between the Customer and Cummins (collectively, the "Pre-Existing Agreement"). In the event of any conflict or inconsistency between this Agreement and the terms of any such Pre-Existing Agreement, the terms of the Pre-Existing Agreement shall govern and control. The Customer and Cummins expressly acknowledge and agree that the Pre-Existing Agreement remains in full force and effect, and that the terms of this Agreement shall not modify or amend any provisions of the Pre-Existing Agreement unless specifically agreed to in writing by both parties.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) ("Goods") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair ("Service(s)") on the equipment identified in the Quote and/or Invoice ("Equipment"), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ("Quote Validation Period").

At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. All sales are subject to Customer's ongoing credit approval. While Cummins may initially extend Net 30 payment terms upon Cummins' approval of Customer's credit application, Cummins reserves the right to reassess Customer's creditworthiness at any time prior to shipment. If, in Cummins' sole discretion, Customer's financial condition weakens or otherwise declines, Customer has past due invoices with Cummins, or Cummins otherwise determines that extending credit terms is no longer commercially reasonable, Cummins may, upon notice to Customer, (i) require full or partial payment in advance, (ii) require an alternative form of security satisfactory to Cummins, including but not limited to a letter of credit or payment bond, or (iii) withhold shipment until such payment or security is provided. Cummins shall not be liable for any delays or damages resulting from the enforcement of this provision.

If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customerowned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either:
(i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS'

DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN

THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement.

General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold "as is, where is" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the "Claims"), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW, VENUE, AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction over, regarding, or relating to any dispute or claim arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ("Shipment Date") or, in the case of Services, the date of performance ("Performance Date"), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins? control.

18. TARIFF AND DUTY SURCHARGES. In addition to any adjustments otherwise provided for in this Agreement, in the event of any increase in the cost of purchased materials due to the impact of any tariffs, duties, levies, or similar government charges ("Tariffs") in effect during the term of this Agreement, the parties agree that such increases shall be passed through directly to the Customer effective immediately upon Cummins' notice to the Customer of such increases. The Customer shall pay Tariff-related increases within thirty (30) days of receipt of invoice.

19. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice.

No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

20. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

18-FEB-2026 15663
E-42
ISC CM2150 HME
15-DEC-2025 SPECTR
108180.2 / 9549
73050985

CITY OF ATWATER PUBLIC WORKS D
470 AVIATOR DR
ATWATER, CA 95301-
Billing Inquiries? Call (877)480-6970
634400
238375

CITY OF ATWATER PUB WOR
470 AVIATOR DR
ATWATER, CA 95301- *** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
3 APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________

PAGE OF

INVOICE NO

BILL TO OWNER

OSN/MSN/VIN NA
JOE BURKHARDT - 209 3576370
Completion date : 16-Dec-2025 01:10PM. Estimate expires : 18-Mar-2026 11:46AM. 2 1
2 1
1 9
4 4
4 2
6 6
1 1
1 -1
6 3
8 4
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0

HARNESS,WIRING

GASKET,VALVE COVER

GASKET,CONNECTION

GASKET,CYLINDER HEAD

PAC, LF
P BL 1 S GN2 15W-40 BULK

RED ANTIFREEZE BULK

WASHER,SEALING

WASHER,SEALING

SEAL,O RING

SEAL,O RING

SEAL,INJECTOR

KIT,OVERHAUL

HEAD,CYLINDER

HEAD, CYLINDER

HEAD,CYL ISC/QSC ISL/QSL

ROD,ENGINE CONNECTING

HARNESS,WIRING

CLIP,WIRE RETAINING

SEAL,GROMMET
CECO
CECO
CECO
CECO
FLG

VALVOLINE
P2-OTHER
CECO
CECO
CECO
CECO
CECO
CECO
DRC
CLEAN
DIRTY
CECO
CECO
CECO
CECO

64.93 59.65

5.08 263.74

67.54 14.88

11.99 4.32

9.37 3.87

2.69 4.26
4,607.21
6,333.95
405.00
405.00
202.32
114.83

3.86 4.70
129.86

59.65 10.16
263.74

67.54 133.92

47.96 17.28

37.48 7.74

16.14 25.56
4,607.21
6,333.95
405.00
- 405.00
1,213.92
344.49

30.88 18.80
5257808
3959798
4932615
5529514
LF9009
V891001
ZXEDRU1B
4934278
3684284
3049221
3867471
3937142
5633432
5529501RX
4942132D
4942132D
5271843
4934545
3963736
3103015
PARTS: 13,366.28
4

TERMS AND CONDITIONS
These terms and conditions ("Terms and Conditions"), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins.

In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. The terms and conditions printed on the back of this invoice shall be deemed subordinate to, and shall not supersede, any pre-existing written agreement, purchase order, contract, or other mutually agreed-upon document between the Customer and Cummins (collectively, the "Pre-Existing Agreement"). In the event of any conflict or inconsistency between this Agreement and the terms of any such Pre-Existing Agreement, the terms of the Pre-Existing Agreement shall govern and control. The Customer and Cummins expressly acknowledge and agree that the Pre-Existing Agreement remains in full force and effect, and that the terms of this Agreement shall not modify or amend any provisions of the Pre-Existing Agreement unless specifically agreed to in writing by both parties.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) ("Goods") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair ("Service(s)") on the equipment identified in the Quote and/or Invoice ("Equipment"), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ("Quote Validation Period").

At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. All sales are subject to Customer's ongoing credit approval. While Cummins may initially extend Net 30 payment terms upon Cummins' approval of Customer's credit application, Cummins reserves the right to reassess Customer's creditworthiness at any time prior to shipment. If, in Cummins' sole discretion, Customer's financial condition weakens or otherwise declines, Customer has past due invoices with Cummins, or Cummins otherwise determines that extending credit terms is no longer commercially reasonable, Cummins may, upon notice to Customer, (i) require full or partial payment in advance, (ii) require an alternative form of security satisfactory to Cummins, including but not limited to a letter of credit or payment bond, or (iii) withhold shipment until such payment or security is provided. Cummins shall not be liable for any delays or damages resulting from the enforcement of this provision.

If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customerowned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either:
(i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS'

DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN

THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement.

General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold "as is, where is" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the "Claims"), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW, VENUE, AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction over, regarding, or relating to any dispute or claim arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ("Shipment Date") or, in the case of Services, the date of performance ("Performance Date"), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins? control.

18. TARIFF AND DUTY SURCHARGES. In addition to any adjustments otherwise provided for in this Agreement, in the event of any increase in the cost of purchased materials due to the impact of any tariffs, duties, levies, or similar government charges ("Tariffs") in effect during the term of this Agreement, the parties agree that such increases shall be passed through directly to the Customer effective immediately upon Cummins' notice to the Customer of such increases. The Customer shall pay Tariff-related increases within thirty (30) days of receipt of invoice.

19. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice.

No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

20. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

18-FEB-2026 15663
E-42
ISC CM2150 HME
15-DEC-2025 SPECTR
108180.2 / 9549
73050985

CITY OF ATWATER PUBLIC WORKS D
470 AVIATOR DR
ATWATER, CA 95301-
COUNTY

DISTRICT
STATE
167.08
147.02
801.98
Billing Inquiries? Call (877)480-6970
24,982.28
26,098.36
1,116.08
634400
238375

CITY OF ATWATER PUB WOR
470 AVIATOR DR
ATWATER, CA 95301- *** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
4 APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
TOTAL AMOUNT: US $
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ SUB TOTAL:

TOTAL TAX:

PAGE OF

INVOICE NO

BILL TO OWNER

OSN/MSN/VIN NA
JOE BURKHARDT - 209 3576370
Completion date : 16-Dec-2025 01:10PM. Estimate expires : 18-Mar-2026 11:46AM.

SURCHARGE TOTAL: 0.00
PARTS COVERAGE CREDIT:

LABOR COVERAGE CREDIT:

MISC. COVERAGE CREDIT:

TOTAL PARTS:

TOTAL LABOR:

TOTAL MISC.:
11,616.00

0.00 0.00

0.00 0.00
13,366.28
11,616.00

0.00 LABOR:

MISC.:

CR
CR
CR
4

TERMS AND CONDITIONS
These terms and conditions ("Terms and Conditions"), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins.

In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. The terms and conditions printed on the back of this invoice shall be deemed subordinate to, and shall not supersede, any pre-existing written agreement, purchase order, contract, or other mutually agreed-upon document between the Customer and Cummins (collectively, the "Pre-Existing Agreement"). In the event of any conflict or inconsistency between this Agreement and the terms of any such Pre-Existing Agreement, the terms of the Pre-Existing Agreement shall govern and control. The Customer and Cummins expressly acknowledge and agree that the Pre-Existing Agreement remains in full force and effect, and that the terms of this Agreement shall not modify or amend any provisions of the Pre-Existing Agreement unless specifically agreed to in writing by both parties.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) ("Goods") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair ("Service(s)") on the equipment identified in the Quote and/or Invoice ("Equipment"), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ("Quote Validation Period").

At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. All sales are subject to Customer's ongoing credit approval. While Cummins may initially extend Net 30 payment terms upon Cummins' approval of Customer's credit application, Cummins reserves the right to reassess Customer's creditworthiness at any time prior to shipment. If, in Cummins' sole discretion, Customer's financial condition weakens or otherwise declines, Customer has past due invoices with Cummins, or Cummins otherwise determines that extending credit terms is no longer commercially reasonable, Cummins may, upon notice to Customer, (i) require full or partial payment in advance, (ii) require an alternative form of security satisfactory to Cummins, including but not limited to a letter of credit or payment bond, or (iii) withhold shipment until such payment or security is provided. Cummins shall not be liable for any delays or damages resulting from the enforcement of this provision.

If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customerowned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either:
(i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS'

DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN

THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement.

General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold "as is, where is" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the "Claims"), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW, VENUE, AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction over, regarding, or relating to any dispute or claim arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ("Shipment Date") or, in the case of Services, the date of performance ("Performance Date"), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins? control.

18. TARIFF AND DUTY SURCHARGES. In addition to any adjustments otherwise provided for in this Agreement, in the event of any increase in the cost of purchased materials due to the impact of any tariffs, duties, levies, or similar government charges ("Tariffs") in effect during the term of this Agreement, the parties agree that such increases shall be passed through directly to the Customer effective immediately upon Cummins' notice to the Customer of such increases. The Customer shall pay Tariff-related increases within thirty (30) days of receipt of invoice.

19. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice.

No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

20. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

February 23, 2026
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Approving Specifications and Authorizing Advertising and Calling for Bids for Restriping Various Streets Throughout the City Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizing advertising and calling for bids for Restriping Various Streets Throughout the City, Project No. 26-03, Bid Call Number 735-26.

I. BACKGROUND/ANALYSIS:

At the February 9th, 2026 City Council Meeting, the council had a discussion on how to spend Regional Surface Transportation Program Funding. After council discussion, council directed staff to issue a Call for Bids for the Restriping of Atwater Boulevard between Shaffer Road and First Street, Juniper Avenue between Shaffer Road and First Street, and Bellevue Road between Five Corners and Winton Way.

The specifications and scope of work included in the restriping of these streets, will consist of:
• mobilizing all required resources to complete the work; • providing temporary traffic control;
• providing erosion, sedimentation, and pollution control; • removing existing pavement markers;
• removing existing traffic striping and pavement markings: and • replacing thermoplastic traffic striping and pavement markings, and pavement markers.

This is approximately 10,865 linear feet of restriping (excluding traffic signal intersections). See Exhibit-B in the Call for Bids for a map of the estimated areas included in the Project. The estimated cost of construction is $220,000. The actual construction cost will be determined after bids are received and staff returns to Council with its recommendation about awarding a construction contract.

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

Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Restriping Various Streets Throughout the City Project (Public Works Director Vinson) Page 2

II. FISCAL IMPACTS:

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

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City's website, and with one or more regional Builders Exchange.

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

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Restriping Various Streets Throughout the City Project (Public Works Director Vinson) Page 3

Chris Hoem, City Manager
Attachments:

1. 26-03 Restriping Various Streets Throughout the City_bid-book_1-of-2

2. 26-03 Restriping Various Streets Throughout the City_bid-book_2-of-2

______________________________
Chris Hoem
City Manager
______________________________
Date
BID BOOK 1 OF 2

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
AND

SPECIAL PROVISIONS
for
Restriping Various Streets Throughout the City Project
For use in conjunction with the STANDARD SPECIFICATIONS, 2024 Edition, and the STANDARD PLANS, 2024 Edition, of the State of California Department of Transportation, and the LABOR SURCHARGE AND EQUIPMENT RENTAL RATES in effect on the date the work is accomplished.

BID CALL NO.: 735-26 CITY PROJECT NO.: 26-03
BID OPENING: Wednesday, March 18, 2026 @ 2:00 P.M. PDT

CITY PROJECT NO. 26-03
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.

________________________________
Spencer Supinger, PE

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

NTB-1

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
Bids open Wednesday, March 18, 2026 at 2:00 p.m. Pacific DST Scope of Work:

The Work generally consists of removing current striping/buttons and restriping roadways (excluding traffic signal intersections) located on Juniper Avenue Ave between First Street and Shaffer Road, Bellevue Road between Winton Way and Shaffer Road, and Atwater Boulevard between First Street and Shaffer Road.

Work includes approximately 10,865 linear centerline feet of roadway. All roads included in the project are to be striped “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 markers;
• removing existing traffic striping and pavement markings; • disposing and/or recycling of all removed and excess materials; • handling and disposing of any and all hazardous materials; and • replacing thermoplastic traffic striping and pavement markings, and pavement markers.

Contractor will not be required to perform work on any of the crosswalks or Stop bars on intersecting side streets of any of the roadways.

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.

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 RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT.

Project Number: 26-03
Bid Call Number: 735-26
Bid forms for this work are included in a separate book titled:

NTB-2

CITY OF ATWATER, CALIFORNIA

PUBLIC WORKS DEPARTMENT

BID BOOK

FOR RESTRIPING VARIOUS STREETS

THROUGOUT THE CITY 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-32 – Parking and Highway Improvement, 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 $220,000.

Copies of plans, special provisions and proposal forms may only be obtained at the office of the City of Atwater, Engineering Division, located at 1350 Broadway Avenue, 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 Council Chambers, 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.

Present bidders' inquires in writing to Justin Vinson at the City of Atwater, Public Works Department, 470 Aviator Dr, Atwater, CA 95301; email: [email protected].

Prevailing wages are required on this Contract. The Director of the California Department of Industrial Relations determines the general prevailing wage rates. Obtain the wage rates at the DIR Web site, https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is

NTB-3
(800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT’s effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

Bidders shall provide certification regarding debarment, suspension, ineligibility and voluntary exclusion.

The General Services Administration System for Award Management (SAM) provides a complete, current list of all individuals and firms who are excluded or disqualified from covered transactions by the Federal Government. Visit https://sam.gov/content/exclusions for more information.

The CITY OF ATWATER reserves the right to reject any or all bid proposals and to waive any informalities or irregularities in any bid or in the bidding.

City of Atwater

Justin Vinson
Public Works Director

NTB-4

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT
* * * * * *

RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
Project Number: 26-03

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 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1

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

SP-1

CITY OF ATWATER

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

SPECIAL PROVISIONS

RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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.

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, Council Chambers 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 Tuesday, March 10, 2026, 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 Thursday, March 12, 2026 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
470 Aviator Dr
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.

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 – 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:

SP-5
Do not fax forms except for the copies of forms with the public works contractor registration number submitted after the time of bid. Fax these copies to (209) 356-3168.

Add to the end of section 2-1.33A:

Submit Bids in a sealed envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301. Each sealed Bid must be plainly marked on the outside as “BID FOR RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT, Project No. 26-03, to be opened at 2:00 p.m., Wednesday, March 18, 2026”. 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
470 Aviator Dr
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.

SP-6

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

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

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

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

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

Add to section 2-1.46:

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

SP-7
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

SP-8
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.

SP-9
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: $559.00 (refundable);

2. Meter Installation: $47.00;

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

These fees will be waived for this project. If need, contractor can request a hydrant meter through the Public Works 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.

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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

SP-11

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

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

Add to section 7-1.02K(2):

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

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

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

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

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

Add to the end of section 7-1.04:

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

Add before paragraph 1 of section 7-1.05A:

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

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

SP-12

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.

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

SP-13
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 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.

SP-14

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.

SP-15
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

SP-16
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.

SP-17

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.

SP-18

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.

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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.

______________________________
Chris Hoem
City Manager
_____________________________
Date

PUBLIC WORKS DEPARTMENT

BID BOOK
For the Construction of

RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY

PROJECT
In
The City of Atwater
For use in conjunction with the STANDARD SPECIFICATIONS, 2024 Edition, and the STANDARD PLANS, 2024 Edition, of the State of California Department of Transportation, and the LABOR SURCHARGE AND EQUIPMENT RENTAL RATES in effect on the date the work is accomplished.

BID CALL NO.: 735-26 CITY PROJECT NO.: 26-03
BID OPENING: Wednesday, March 18, 2026 @ 2:00 P.M. PDT

BID BOOK 2 OF 2

TABLE OF CONTENTS
BID ITEM CHECKLIST BF-1
BIDDER INFORMATION BF-2
BID ITEM LIST BF-4
LIST OF SUBCONTRACTORS BF-5
AFFIRMATIVE ACTION PROGRAM CERTIFICATION BF-6
NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES BF-7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BF-8
PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE) BF-9
NONCOLLUSION AFFIDAVIT BF-10
CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM QUESTIONNAIRE BF-11 DEBARMENT & SUSPENSION CERTIFICATE BF-12
BIDDER'S BOND BF-13
BID EXECUTION --PART 1 BF-14
BID EXECUTION –PART 2 BF-15
SAMPLE CONSTRUCTION CONTRACT BF-16
SAMPLE FAITHFUL PERFORMANCE BOND BF-24
SAMPLE LABORERS AND MATERIALMENS BOND BF-25

ATTACHMENTS
ATTACHMENT 1: PREVAILING WAGE RATES
ATTACHMENT 2: PLANS

BF-1

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

PROJECT 26-03: RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT Item Page # Complete?
Bidder Information BF-2 Yes 
Bid Item List BF-4-5 Yes 
List of Subcontractors BF-6 Yes 
Equal Employment Opportunity Certification BF-9 Yes 
Public Contract Code Section 10285.1 Statement & Public Contract Code Section 10162 Questionnaire BF-10 Yes 
Response to Debarment & Suspension Certificate (if
applicable) BF-12 Yes N/A 
Disclosure of Lobbying Activities (if applicable) BF-14 Yes  N/A 
Bidders Bond & Security BF-15 Yes 
Bid Execution Parts 1 & 2 BF-16-17 Yes 
Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.

BF-2

BIDDER INFORMATION
TO

CITY OF ATWATER
Project No.: 26-03
Bid Call No.: 735-26
FOR THE CONSTRUCTION OF: RESTRIPING VARIOUS STREETS THROUGHOUT

THE CITY PROJECT
NAME OF BIDDER:

BUSINESS ADDRESS:

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

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

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

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

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

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

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

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

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

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

BF-4

CITY OF ATWATER

BID ITEM LIST

RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-03
BID CALL NO. 735-26

BASE BID
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

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

STRIPING AND PAVEMENT

MARKINGS
LS 1
5 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1
TOTAL BID:

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

BF-5

LIST OF SUBCONTRACTORS
The bidder certifies that:

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

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

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

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

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

OF SUBCONTRACTOR RELATIONS TO BE SUBCONTRACTED AND PERCENTAGE OF

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