Atwater City Council
April 13, 2026

2 Comprehensive Financial Report for FY 2024-25 is currently in progress and will include an audit of the Housing Asset Fund.

Housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of the California Department of Finance (“DOF”) approving the Housing Asset Transfer Form.

The requirements are designed to ensure that housing successors are actively utilizing assets to produce affordable housing. Appendix 1 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR AGENCY
The Housing Successor prepared a Housing Asset Transfer Form in 2012 that provided an inventory of all assets transferred from the Agency to the Housing Successor following the dissolution of redevelopment. The inventory included three real properties and two loans receivable. All items on the Housing Asset Transfer Form were approved by the DOF on September 5, 2012.

LOW- AND MODERATE-INCOME HOUSING ASSET FUND
The Housing Asset Fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. It includes all assets that were transferred from the Agency to the Housing Successor via the Housing Asset Transfer Form.

HOUSING ASSET FUND DEPOSITS
Table 1 identifies the revenues in the Housing Asset Fund for FY 2024-25. Deposits totaled $42,457, coming predominantly from interest revenue, and reimbursement and other revenue.

3 EXPENDITURES
SB 341 provides the following guidelines for expenditures from the Housing Asset Fund:

1. Administrative costs are capped at the greater of $200,000 adjusted for inflation or 5% of the statutory value of any land owned by the housing successor agency and of loans and grants receivable (“Portfolio Balance”). HCD adjusts the $200,000 cap for inflation based on the annual Consumer Price Index. Although HCD has not yet published the update for FY 2024-25, applying the same methodology and index HCD has previously used would yield a limit adjusted for inflation for FY 2024-25 of $270,700, which is the Housing Successor’s administrative cost limit for the year, as the Agency does not own any property.

2. Homeless prevention and rapid rehousing services up to $500,000 per year, if the former Agency did not have any outstanding housing production requirements. The Housing Successor has an outstanding housing production requirement and is therefore not permitted to make expenditures in this category. This deficit is labeled as the Successor’s “Inclusionary Housing Deficit”; the Deficit is comprised of a shortage of 19 very low-income units and 48 low to moderate-income units. Once the Housing Successor closes the deficit by building the aforementioned units, they will be allowed to encumber funds for homeless prevention and rapid rehousing services.

3. Affordable housing development assists households with up to 80% of the Area Median Income (“AMI”), subject to specific income and age targets.

Housing Asset Funds must meet the five-year income proportionality requirement, meaning that no funding may be spent on moderate-income households who earn between 80% and 120% of the AMI, as was previously authorized by redevelopment law.

Of the money expended, a minimum of 30% must go towards the development of rental housing affordable to households who earn 30% or less of the AMI (“Extremely LowPage 173 of 326 4 Income” households). A maximum of 20% may go toward the development of housing affordable to households earning 60% to 80% of the AMI (“Low-Income” households).

Note that housing successor agencies must report expenditures by category each year, but compliance is measured every five years. For example, a housing successor agency could spend all its funds in a single year on Low-Income households, if it was 20% or less of the total expenditures during the five-year compliance period. FY 2024-25 is the first year of the five-year compliance period for income proportionality, which began July 1, 2024 and ends June 30, 2029.

Housing Asset Fund expenditures in FY 2024-25 totaled $3,396. These funds were spent on consulting fees. The expenditures of $3,396 is below the limit established by HCD for FY 2024- 25, $270,700, indicating that the Housing Successor is in compliance.

ENDING FUND AND CASH BALANCE
As of June 30, 2025, the housing asset fund's ending balance was $1,286,807. Included in the ending balance are cash/investments, interest, and unrealized gain and loss on Investments. All details are in Table 2 and are pursuant to the City’s financial data.

STATUTORY VALUE OF REAL PROPERTIES AND LOAN RECEIVABLES The Housing Successor must report the statutory value of real properties formerly owned by the Agency or purchased by the Housing Successor with Housing Asset Funds, and the value of loans and/or grant receivables transferred on the Housing Asset Transfer Form. The Housing Successor inherited three real properties and two loan agreements from the former Agency.

Table 3 shows the Portfolio Value of real properties and loans receivable as of FY 2024-25. The “Portfolio Value” is the cumulative value of all Real Properties and Loans and Notes Receivable held by the Housing Successor. The Housing Successor does not own any property.

5 PROPERTY DEVELOPMENT & DISPOSITION
When the Housing Successor assumed the Agency’s housing assets and functions, the former Agency transferred three parcels of real property to the Housing Successor. All three of the parcels have sold.
980-990 CEDAR AVENUE
In 2009, the Atwater Redevelopment Agency acquired an older duplex housing unit and a garage located on Cedar Avenue and First Street that had been uninhabited for many years and left in dilapidated condition. By acquiring this property, the Agency sought to eliminate blight, as well as provide a location for a small affordable housing project. This location can provide up to four (4) units. The former Agency was unable to dispose of this property prior to dissolution. The Housing Successor approved the disposition of this property in early 2018; however, the buyer backed out of the transaction. On January 9, 2023, the City Council as Housing Successor declared the property as exempt surplus land and approved selling this property to the City for a fair market value of $80,000 to utilize as public utility infrastructure. HCD approved the surplus land exemption on April 10, 2023. The sales proceeds were deposited into the Housing Asset Fund on June 30, 2024.

Asset Amount1
Loans and Notes Receivable
SERAF Loan - Home Rehabilitation Loan 61,500
Subtotal 61,500
Total $ 61,500
Source: City of Atwater, Fund 3065 Trial Balance, Housing Asset Transfer 1 Per HSC Section 34176.1, Housing Successor shall provide information on the "statutory value of real property owned by the housing successor, the value of loans and grants rceivable, and the sum of the two amounts." Per HSC Section 34176.1 statutory value of real property means "the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form." This may not match the value of the properties as listed in the Housing Successor Agency's trial balance report.

Table 3: Portfolio Value of Real Properties and Loans Receivable

6 Bell Drive Property Lots AA and BB
In 2008, the City of Atwater sold a surplus, 5.66-acre parcel to the former Agency to be used in support of developing affordable housing to meet the Agency’s required affordable housing production goals as was identified in the former Agency’s Housing Compliance Plan. The Agency believed that the acquisition of this site would provide adequate land for most of the Agency’s inclusionary housing needs. In addition, the Agency purchased an adjacent parcel of approximately 4.09 acres in 2007 for similar purposes. The former Agency was unable to dispose of these properties prior to dissolution.

The Housing Successor sold both properties to Golden State Realty Association in FY 2020-21.

Escrow for Lot AA closed on February 11, 2021, and sold for $450,000 less ordinary fees which resulted in a deposit to the Housing Asset Fund of $435,968. Escrow for Lot BB closed on April 30, 2021, and sold for $600,000 less ordinary fees which resulted in a deposit to the Housing Asset Fund of $598,354.

FIVE-YEAR PROPERTY DISPOSITION REQUIREMENT
HSC Sections 33334.16 and 34176.1(e) require the Housing Successor to initiate the development of affordable housing on these properties within five years from the date the DOF approved the transfer of the properties as housing assets, or September 5, 2017. The Cedar Ave property was transferred to the City in 2024. The Bell Drive property was sold in 2021.

LOANS RECEIVABLE

SERAF LOAN
In 2009, ABx4 26 was adopted by the State of California to help bridge a budgetary gap. The State of California law required redevelopment agencies to remit to their county Supplemental Educational Revenue Augmentation Fund (“SERAF”) a proportionate share of $1.7 billion for FY 2009-10 and an additional $350 million for FY 2010-11. The former Agency’s FY 2009-10 SERAF payment in the amount of $602,252 was delivered to Merced County on May 10, 2010.

The former Agency did not have sufficient funds to make the full payment from the non-housing fund and had to borrow $324,081 from the housing fund. Prior to dissolution, the Agency was able to pay $64,816 back to its housing fund, lowering the outstanding balance to $256,264. As of June 30, 2025, the SERAF loan did not have an outstanding balance. It was fully paid off during FY 2022-23.

7 HOME REHABILITATION LOAN
In 2009, a Home Rehabilitation Loan in the amount of $61,500 was issued to a tenant to be used for rehabilitation costs for an owner-occupied, single-family residential unit. This program works in conjunction with the City’s Community Development Block Grant program facilitated by Self Help Enterprises, a non-profit providing housing for low-income families. Funds under this loan are secured by a promissory note and repaid within 30 years, with an interest rate of 0%.

The Housing Successor received no payment for the Home Rehabilitation Loan in FY 2024-25.

TRANSFERS BETWEEN HOUSING SUCCESSOR AGENCIES
SB 341 allows two or more contiguous or nearby housing successor agencies to enter a joint venture to develop certain types of affordable housing. Housing successor agencies using this opportunity are required to provide a description of any transfers made in the previous fiscal year and in earlier fiscal years, as well as a description of and status update on any project for which transferred funds have been or will be expended. The Housing Successor has not entered a joint venture with another housing successor agency.

OUTSTANDING INCLUSIONARY AND REPLACEMENT HOUSING

OBLIGATIONS
At the time the former Agency’s last Affordable Housing Compliance Plan was prepared in 2009, the former Agency had an outstanding inclusionary housing production need that was not fulfilled prior to dissolution. The former Agency had not met its inclusionary housing production targets upon dissolution and had a deficit of 67 units, including 19 Very Low-Income units and 48 Lowand Moderate-Income units. This makes the Housing Successor ineligible to spend the Housing Asset Fund on homeless prevention and rapid rehousing activities. The former Agency did not have a replacement housing obligation.

INCOME EXPENDITURE PROPORTIONALITY
Project and program-related expenditures from the Housing Asset Fund shall be limited to the development of housing affordable to and occupied by households earning 80% or less of the AMI, with at least (not less than) 30% of expenditures for rental housing for Extremely LowIncome households and not more than 20% of the expenditures on the development of housing for Low-Income households.

8 The Housing Successor met all requirements during the first and second five-year compliance period from January 1, 2014, to June 30, 2019 and July 1, 2019, to June 30, 2024, respectively. The third, and current, five-year compliance period is July 1, 2024 and ends June 30, 2029.

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Successor having to ensure that 50% of the remaining funds be spent on extremely low-income rental units until it is in compliance. Exceeding the expenditure limit for low-income households in any five-year reporting period will result in the Housing Successor not being able to expend any funds on that income category until in compliance.

The Housing Successor has only incurred administrative expenditures since the beginning of the current five-year compliance period as of July 1, 2024, and is therefore exempt from the income proportionality requirements thus far. The Housing Successor ensured that it adhered to all expenditure limitations by the end of the five-year compliance period.

SENIOR HOUSING PRODUCTION PROPORTIONALITY
This Annual Report must include an accounting of deed-restricted senior rental units that were produced over the last ten years. The Housing Successor may use Housing Asset Funds to assist no more than 50% of the aggregate total number of senior housing units produced by either the Housing Successor or former Agency during the past ten years. Exceeding this limitation will prohibit the use of Housing Asset Funds to subsidize any senior rental units in the future.

The Housing Successor and former Agency have not assisted any rental units in the last ten years. The Housing Successor will ensure that it adheres to the senior housing production proportionality limitation.

EXCESS SURPLUS
Excess surplus is defined by HSC Section 34176.1(d) as “an unencumbered amount in the account that exceeds the greater of one million dollars, or the aggregate amount deposited into the account during the housing successor agency’s preceding four fiscal years, whichever is greater.” Excess surplus calculations were once performed by redevelopment agencies on an annual basis and were intended to ensure that funds were expended to benefit low-income households in an expeditious manner. SB 341 reinstates this calculation for housing successor agencies. According to SB 341, if there is an excess surplus in the Housing Asset Fund, the

9 Housing Successor Agency must expend or encumber the excess surplus within three fiscal years. If the Housing Successor Agency fails to comply, it must transfer any excess surplus to HCD within ninety days of the end of the third fiscal year.

As detailed in Table 4 and described in last year’s annual report, the Housing Successor accumulated an excess surplus of $4,328 in FY 2023-24. In FY 2024-25, administrative expenditures reduced the excess surplus to $932. The Housing Successor must expend or encumber the remaining FY 2023-24 excess surplus by June 30, 2027 to avoid remitting funds to HCD.

As detailed in Table 5, the Housing Successor also accumulated an excess surplus in FY 2024-

25. In an effort not to double-count the available cash balance, Table 5 deducts the remaining FY 2023-24 excess surplus from the FY 2024-25 beginning cash balance. HSC allows encumbered funds to be subtracted from the fund balance in the calculation. The FY 2024-25 unencumbered cash balance of $1,242,843 was higher than the sum of deposits in the prior four years of $1,083,704, resulting in a FY 2024-25 excess surplus of $159,150. The 2024-25 excess surplus must be encumbered or spent by June 30, 2028.

10 INVENTORY OF HOMEOWNERSHIP UNITS
AB 1793 requires this report to include an inventory of homeownership units assisted by the former Agency or the housing successor agency that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low- or Moderate-Income Housing Fund (“LMIHF”). There is one homeownership unit, 1786 Eucalyptus Street, subject to this provision. This property at Eucalyptus Street contains one assisted unit whose covenant calls for that unit to be held for a low to moderate tenant and lasts from December 3, 2009, to December 30, 2054. This is demonstrated in Table 6.

11

12 APPENDIX 1
Revenues & Expenditures Other Assets and Active
Projects
Obligations & Proportionality
Total amount deposited in the
Housing Asset Fund for the fiscal
year
Description of any housing
project(s) still funded through the
Recognized Obligation Payment
Schedule (“ROPS”)
Description of any outstanding
production obligations of the
former Agency that are inherited
by the Housing Successor
Statement of balance at the close
of the fiscal year
Update on property disposition
for any property owned by the
housing successor agency more
than five years or plans for
property owned less than five
years
Compliance with proportionality
requirements (income group
targets), which must be upheld
on a five-year cycle
Description of Expenditures for
the fiscal year, broken out as
follows:
• Homeless prevention
and rapid rehousing
solutions (up to $500,000
per year if eligible)
• Administrative expenses
(greater of $200,000
adjusted for inflation or
5% of “portfolio” per
year);
• Monitoring expenses
(included as an
administrative expense);
• All other expenditures
must be reported as
spent for each income
group as defined in SB
341
Other “portfolio” balances,
including:
• Statutory value of any
real property either
transferred from the
former Agency or
purchased by the
Housing Asset Fund
(note that the Housing
Successor may only hold
property for five years);
• Value of loans and
grants receivable
Percentage of deed-restricted
rental housing restricted to
seniors and assisted by the entity
assuming housing functions, the
former Agency, or the County
within the past ten years
compared to the total number of
units assisted by any of those
three agencies
Description of any transfers to
another housing successor for a
joint project
Inventory of homeownership
units assisted by the former
Agency or the Housing
Successor that are subject to
covenants or restrictions or to an
adopted program that protects
the former Agency’s investment
of monies from the Low- and
Moderate-Income Housing Fund
Amount of any excess surplus,
and, if any, the plan for
eliminating it

13 APPENDIX 2 – HOUSING ASSET TRANSFER FORM

PLANNING COMMISSION

AGENDA REPORT

MEETING
DATE:

April 13, 2026
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Julia Coronado, Project Accountant
SUBJECT: Approving and Authorizing to Receive and File the Housing Element Annual Progress Report (“APR”) for Calendar Year 2025 (City Manager Hoem and Community Development Director Hanson Lan)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution 3604-26 Approving and Authorizing to receive and file the Housing Element Annual Progress Report (“APR”) for calendar year 2025; and direct the City Manager to submit the APR to the California Department of Housing and Community Development (“HCD”) and the Governor’s Office of Planning and Research (“OPR”).

I. BACKGROUND/ANALYSIS:

1. BACKGROUND:

California Government Code (“GC”) Section 65400 requires that jurisdictions prepare an annual progress report to monitor fulfillment of regional housing needs as set forth in a local housing element. The law requires that the report “be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.” Following approval by the City Council, staff will submit the 2025 APR to HCD.

Staff and the City’s housing consultant, RSG, recently prepared the report for 2025. As in previous years, the report summarizes housing building permit activity for the year and progress made toward the City’s allocated housing needs and on the City’s housing programs. In addition, the 2025 report includes several additional fields of information not requested in previous years’ reports, which are detailed below. During 2025, 9 new marketrate (non-income restricted or “above moderate-income”) units were finalized, and zero units were permitted for moderate-, low-, and very low-income households, as summarized below.

PLANNING COMMISSION
Don Borgwardt, Chair
Mayra Sanchez-Garcia Jag Mokha
Michael Gomez Shawn Conour

Agenda Report - Approving and Authorizing to Receive and File the Housing Element Annual Progress Report (“APR”) for Calendar Year 2025 (City Manager Hoem and Community Development Director Hanson Lan) Page 2

City of Atwater Regional Housing Needs Allocation Progress Building
Permits by
Income Level
2020 2021 2022 2023 2024
2025
Period
Total
2020-2025
RHNA
Allocation
Very Low 0 0 0 0 0 0 0 768
Low 0 0 0 0 0 0 0 526
Moderate 0 0 0 0 0 0 0 508
Above
Moderate
54 608 178 114 10 9 973 1,215
Totals 54 608 178 114 10 9 973 3,017
Together with previous years, the City permitted 973 of its 3,017 (32%) allocated total RHNA units during the period, including 973 of its 1,215 (80%) allocated above moderate-income units. The APR includes a table summarizing the status of Housing Element programs meant to remove governmental constraints to the improvement and development of housing, as identified in the Housing Element.

2. ANALYSIS:

The APR documents a jurisdiction’s progress in permitting housing units, both market-rate and income-restricted at different income levels. Prior to 2017, there were no significant repercussions for jurisdictions failing to complete and submit their APRs or for not permitting enough housing units. The application of RHNA simply required that jurisdictions identify in their Housing Elements sufficient land available with appropriate zoning so that the housing units allocated under the RHNA requirements could be developed. In other words, it required jurisdictions to plan for housing development.

Senate Bill (“SB”) 35, signed into law on September 29, 2017, instituted new state requirements related to APRs, in part as a response to California’s housing affordability crisis.

The bill created GC Section 65913.4, which states that developers can propose development, under certain conditions, subject to a streamlined, ministerial approval process, thereby accelerating residential development. The primary conditions depend on jurisdictions’ actual progress in permitting housing units compared to their RHNA allocation.

Jurisdictions that have permitted enough market-rate units, but not enough income restricted (either moderate-, low-, or very low-income) units are subject to streamlining of projects with at least 50% of units proposed to be income restricted.

Other conditions for streamlined approval relate mostly to a proposed development’s scope and location. The proposed project:
• must be for multi-family or mixed-use development with at least 2/3 of its square footage for residential use;
• must meet objective zoning standards;

Agenda Report - Approving and Authorizing to Receive and File the Housing Element Annual Progress Report (“APR”) for Calendar Year 2025 (City Manager Hoem and Community Development Director Hanson Lan) Page 3

• must be surrounded by urban land uses;
• cannot be located in a coastal zone, on prime farmland, on wetlands, in disaster zones, or on a hazardous waste site; and
• cannot cause the demolition of existing housing.

New information required for the APR includes reporting on:
• Surplus land or exempt surplus land designation of properties being disposed, and • Any Local Early Action Plan (LEAP) grant funding, if applicable.

II. FISCAL IMPACTS:

There are no fiscal impacts associated with filing the 2025 APR.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal number three (3) of the City of Atwater's 2026-2030 Strategic Plan: Promote transparency through Communication.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item does not constitute a project and is exempt under the provisions of the California Environmental Quality Act.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, staff will submit the report accordingly.

Submitted by:

Agenda Report - Approving and Authorizing to Receive and File the Housing Element Annual Progress Report (“APR”) for Calendar Year 2025 (City Manager Hoem and Community Development Director Hanson Lan) Page 4

Jonnie Hanson Lan, Community Development DirectorSubmitted and Approved by:

Chris Hoem, City Manager
Attachments:

1. Reso 3605-25 Housing APR 2025

2. Housing Element Annual Progress Report

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER APPROVING AND AUTHORIZING TO RECEIVE

AND FILE THE HOUSING ELEMENT ANNUAL PROGRESS
REPORT (“APR”) FOR CALENDAR YEAR 2025
WHEREAS, under California Department of Housing and Community Development (“HCD”) and the Governor’s Office of Planning and Research (“OPR”) the City is required to submit and file the 2025 Annual Progress Report (“APR”); and WHEREAS, California Government Code (“GC”) Section 65400 requires that jurisdictions prepare an annual progress report to monitor fulfillment of regional housing needs as set forth in a local housing element. The law requires that the report “be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments; and WHEREAS, during 2025, 9 new market-rate (non-income restricted or “above moderate-income”) units were finalized, and zero units were permitted for moderate-, low-, and very low-income households, as summarized below.; and WHEREAS, the City permitted 973 of its 3,017 (32%) allocated total RHNA units during the period, including 973 of its 1,216 (80%) allocated above moderate-income units; and WHEREAS, the City will submit the reports for 2025 upon approval of this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and authorize to receive the filing of the 2025 APR.

The foregoing resolution is hereby adopted this 13th day of April, 2026.

AYES:

NOES:

ABSENT: APPROVED:
_____________________________
MICHAEL G. NELSON, MAYOR
ATTEST:

Resolution No. XXXX-26 Page 2
______________________________
KORY J. BILLINGS

CITY CLERK

Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_02_19_26
Click here to add rows to a table. If you add too many
rows, you may select a cell in the row you wish to
remove and type ctrl + d.
750 Bellevue Road
Atwater
95301
Julia
Coronado
Project Accountant
[email protected]
2093576239
Mailing Address
Please Start Here
General Information
2025
Atwater
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You
will be prompted to pick an old workbook to import
from. Project and program data will be copied exactly
how it was entered in last year's form and must be
updated. If a project is no longer has any reportable
activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Annual Progress Report January 2020

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.

Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is Optional: This macro identifies dates entered that occurred outside of the reporting year.

RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2025 (no spaces). Example: the City of San Luis Obispo would save their file as SanLuisObispo2025 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Atwater
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
9 9
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 9 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 0
Mobile/Manufactured Home 0 0 0
Total 0 9 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0
9 9
0 0
0 0
0 0
Income Rental Ownership Total
Acutely Low 0 0 0
Extremely Low 0 0 0
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SMAP 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 52 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
01/31/2024 - 01/31/2032
Units Constructed - SMAP (formerly SB 35 / 423) - Permits Number of SMAP Applications Approved
Very Low
Low
Moderate
Acutely Low
Extremely Low
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of Streamlined Ministerial Approval Process or SMAP (formerly SB 35 / 423) - Applications Number of SMAP Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 01/31/2024 - 01/31/2032
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Historic Sites Application
Status Project Type Notes
2 3 4 6 7 8 9 10 12 13 14
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low-Income
Deed
Restricted
Extremely
Low-Income
Non Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Density Bonus Law
Applications
11 Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 01/31/2024 - 01/31/2032 Table A2
Streamlining Historic Sites Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH
)
Tenure
R=Renter
O=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely
LowIncome
Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely
LowIncome
Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
Please select
the state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of Affordability
or Deed Restriction (years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers or
Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 00 0 0 000000 000 0 0 9 900000 0000 0 0 0 0 156-160-034 120 KELLY CT. B2024206 SFD O 0 1 1/2/2025 1 0 NONE No N005-442-016 1830 DE LA GUERRA WY. B240232 SFD O 0 1 3/6/2025 1 0 NONE No N150-350-019 455 JOSHUA CT. B240122 SFD O 0 1 4/15/2025 1 0 NONE No N150-350-010 3531 LEAH WY. B240124 SFD O 0 1 4/9/2025 1 0 NONE No N005-441-018 2024 DE LA VINA CT. B240231 SFD O 0 1 4/9/2025 1 0 NONE No N150-350-019 455 JOSHUA CT. B240122 SFD O 0 1 4/15/2025 1 0 NONE No N005-442-018 1810 DE LA GUERRA WY B240230 SFD O 0 1 4/16/2025 1 0 NONE No N156-160-005 141 JEANNA CT. B202562 SFD O 0 1 7/2/2025 1 0 NONE No N156-160-025 210 KELLY CT. B202574 SFD O 0 1 10/30/2025 1 0 NONE No N001-121-013 1192 SIERRA VISTA ST. B240229 ADU O 0 0 0 Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2024 - 01/31/2032
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2023-
01/30/2024
2024 2025 2026 2027 2028 2029 2030 2031 2032
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 1,215 - 5 9 - - - - - - - 14 1,201
3,017
- 5 9 - - - - - - - 14 3,003
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
768
- Moderate
768
526
508
-
-
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].

Acutely Low - -
*For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected].

Total Units
*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):
- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected]. - All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 508
Total RHNA
-
526 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income category Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Extremely Low -

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2024 - 01/31/2032
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income ModerateIncome
Above
ModerateIncome
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

Jurisdiction Atwater
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3 4 5 6 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program
Implementation
Program
Implementation
Details
Quantified Outcomes:

Category
Quantified Outcomes:

Count Supporting Documents
Goal H-1 - Provide suitable
and adequate sites for
residential development
Details for each program below Detailed for each program below
Detailed for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-1a: Vacant and
non-vacant underutilized
and site inventory
program
Assist developers in finding suitable
infill and underutilized sites to meet a
portion of the City's new housing
construction needs.

Ongoing 6th Cycle Continuous
The City is currently being
contacted by multiple
interested developers.

Currently, the City is
undergoing its Housing
Element (HE) and General
Plan update which will
account for identified site
areas and rezoning
efforts.

Other 0 None.

Program H-1b: Creation of
larger parcels through site
consolidation
Facilitate creation of larger parcels for
more efficient development of
multifamily housing and assist
developers in finding suitable vacant
infill and non-vacant underutilized sites
to meet a portion of the City's new
housing construction needs.

Ongoing 6th Cycle Continuous
Re-evaluating land uses to
create more opportunity
as well as considering
subdivision options for
finance support. This is
being identfied in the HE
along with the General
Plan update.

Other 0 None.

Program H-1c: Creation of
larger parcels through
right-of-way abandonment
Make additional land available adjacent
to existing developed or underutilized
land to facilitate more efficient
development of five high density
residential units (Low to Very Low
Income).

Ongoing 6th Cycle Continuous
Ongoing identification of
potential right-of-way
segments for
abandonment and
facilitation of residential
development. Further
collaboration with
property owners is
required to expedite the
process.

Other 0 None.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

Program H-1d: Ferrari
Ranch annexation
Bring additional low and medium
density residential land into the City
limits for an estimated net gain of 82
total units, including 80 low density
units (Above Moderate and Moderate
Income) and two medium density units
(Low Income).

Ongoing 6th Cycle In Progress
Ferrari Ranch was
annexed. Development
requires infrastructure
investment and depends
on market forces. Further
annexations may be
considered as part of the
General Plan update
process in 2026 to bring in
more land for residential
development, estimated to
be in excess of 82 units.

Units 0 None.

Program H-1e: Western
Residential Land
annexations
Bring additional residential land into the
City limits. At the planned densities, the
two identified annexation areas would
accommodate up to 1,813 additional
units, including 1,010 low density
(Above Moderate and Moderate Income),
360 medium density (Low Income), and
443 high density units (Very Low
Income).

Ongoing 6th Cycle In Progress
Western residential land
annexations may be
considered in 2026 in
conjunction with General
Plan Update. Also,
looking at possible
annexation in the North of
the City, which would
bring additional housing
at the planned densities.

Units 0 None.

Program H-1f: Residential
specific plans
Expedite residential development
opportunities on annexed lands, ensure
desired mix and arrangement of land
uses, and ensure provision and
financing of adequate infrastructure and
public services.

Ongoing 6th Cycle Continuous
City is working towards
amending the subdivision
and zoning ordinances to
expedite development.

Other 0 None.

Program H-1g: Developer
resources
Assist developers in locating
appropriate sites for housing. Ongoing 6th Cycle Continuous Ongoing process and new
progress. Staff trained in
presenting map and parcel
information to developers.

Other 0 None.

Program H-1h: General
Plan amendment and
rezone of Buhach Road
Increase the supply of R‐3 land in a
location with demonstrated demand,
accommodating 273 high density units
under proposed development plans, or
234 units under the standard density
factor for R‐3.

Ongoing 6th Cycle In Progress
In discussion for General
Plan Update, particularly
in the western and eastern
potential annexation
areas.

Other 0 None.

Goal H-2 - Accommodate a
range of housing options
by type, size, location,
price, and tenure
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-2a: Designate
land for a mixture of
housing types
Allow and encourage a mix of housing
types and a range of
housing densities throughout the
community.

Ongoing 6th Cycle In Progress
The current General Plan
Update process
encourages a mix of
housing types and
densities.

Other 0 None.

Program H-2b: Encourage
innovative subdivision and
housing design
To increase local awareness and
acceptance of alternative
housing designs and increase the range
of housing choices
available to low‐ and moderate‐income
households.

Ongoing 6th Cycle Continuous
On an ongoing basis, the
City encourages
developers to develop
alternative housing
solutions, such as ADUs
and a mix of densities and
types.

Other 0 None.

Program H-2c: Evaluate
residential uses and
development standards
To ensure that innovative housing types
are accommodated
within the City and that alternative
housing designs can be
achieved on appropriate residential lots
within the City, while
protecting community aesthetic values.

Completed 6th Cycle Completed
The City has adopted
residential design
guidelines. The City
adopted an ordinance in
2024 allowing for 5,000 sq
ft. lots (R-1-5) in Low
Density Residential
District.

Meetings 3
https://library.municode.com/ca/atwater/ordin
ances/code_of_ordinances?nodeId=1349572
Goal H-3 - Increase the
supply of affordable
housing in the city
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-3a: Promote
homeownership for lowand moderate-income
households
Assist 15 moderate and 15 low income
first-time homebuyers. Ongoing 6th Cycle In Progress
City has been awarded

HOME GRANT - FTHB
Grant Funds. City entered
into Sub-recipient
Agreement with Self-Help
Enterprises for program.

Units 0 None.

Program H-3b: Affordable
housing requirements and
first tier affordable
housing incentives
Establish affordable housing
requirements and incentives to be
applied citywide. Assuming 1,500 total
units constructed under this program,
the program would result in 30 low
income units and 30 moderate income
units.

Ongoing 6th Cycle In Progress
The City is working on an
affordable housing
program per the HE.

Other 0 None.

Program H-3c: Density
bonus program
Incentivize development of affordable
housing by providing
density bonuses to developers meeting
certain criteria for
housing projects, consistent with state
law.

Ongoing 6th Cycle In Progress
The City relies on State
law in the interim and is
working on a Density
Bonus Ordinance.

Other 0 None.

Program H-3d: Pursue
state and federal funding
for affordable housing
Accommodate housing for 3 extremely
low, 7 very low; and 10 low income
units.

Ongoing 6th Cycle In Progress
The City uses the
following grants to
accomplish this goal:

HOME Grant, First-Time
Home Buyer Program
Grant & PLHA Grant
Other 0 None.

Program H-3e: Rental
assistance
Assure that lower income households
find rental housing assistance. Ongoing 6th Cycle In Progress PLHA Grant Awarded and
program active to assist AtRisk Homelessness
Other 0 None.

Program H-3f: Collaborate
with nearby jurisdictions
and housing assistance
groups
The City will participate in one special
housing and homeless needs workshop
on an annual basis.

Completed 6th Cycle Completed
The City supports Merced
County's implementation
and public meetings about
the Encampment
Resolution Fund program
for transitional housing.

Meetings 2 None.

Program H-3g: Self-help
housing
Development of 40 additional ownership
housing units:
5 extremely low, 10 very low‐income and
25 low‐income.

Ongoing 6th Cycle In Progress
The City is working on
community engagement to
expand the self-help
housing outreach and
meet these goals.

Other 0 None.

Program H-3h: Water and
sewer service priority
Policy prioritizing water and sewer
provision to lower income
housing developments.

Ongoing 6th Cycle In Progress
The City authorized a
financial assistance
application with the State
Water Resources Control
Board for the Evergreen
Mobile Home Project.

Other 0 None.

Program H-3h: Mobile
home park development
incentives
Facilitate development of vacant land
zoned for mobile home park use and
maximize utilization of the land.

Ongoing 6th Cycle In Progress
The City is reviewing
opportunities for future
annexations that could
allow the development of
new mobile home parks.

Other 0 None.

Goal H-4 - Maintain,
conserve, and rehabilitate
existing housing stock
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-4a: Adopt
updated building codes
To ensure that newly constructed
housing is as safe and well-built as
possible.

Completed 6th Cycle Completed
Recently adopted 2025
codes. The next update is
anticipated in late 2025.

Meetings 2
https://library.municode.com/ca/atwater/ordin
ances/code_of_ordinances?nodeId=1401384
Program H-4b: Conduct
housing condition survey
Establish baseline and maintain
updated information on housing
conditions to better target rehabilitation
efforts.

Ongoing 6th Cycle In Progress Information gathering
ongoing. Other 0 None.

Program H-4c: Housing
rehabilitation loan
program
The City will continue to pursue CDBG
funds on an annual basis to support the
Housing Rehabilitation Loan Program,
and rehabilitate approximately 3 low and
2 very low income homes per year.

Ongoing 6th Cycle Continuous
The City has SubRecipient Agreement with
Self-Help to run CBDG-PI
Owner Rehab programs.

Other 0 None.

Program H-4d: Home
energy renovation
opportunity program
Make the HERO Program available to
residents and rehabilitate approximately
5 homes per year.

Ongoing 6th Cycle In Progress Program implementation
in process Other 0 None.

Program H-4e:

Manufactured home
preservation
Preserve the condition and affordability
of larger mobile home parks containing
approximately 400 spaces; provide
relocation assistance to residents of
parks that are not feasible to preserve.

Ongoing 6th Cycle Completed Such a mobile home park
currently does not exist. Other 0 None.

Program H-4g: Address
unsafe building conditions
Improve substandard residential
building conditions –
Rehabilitate or upgrade two units per
year.

Ongoing 6th Cycle Not Yet Started
City can discuss with nonprofits to cooperatively
lead effort
Other 0 None.

Goal H-5 - Accommodate
housing for special needs
groups
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-5a: Promote
senior housing
Assist in the development of at least
one senior housing project with 8 low
income units that may include
continuum of care options (from
completely independent living to fully
assisted care).
2019 6th Cycle Not Yet Started Searching for developer
that would implement this Other 0 None.

Program H-5b:

Accommodate housing for
persons with disabilities
Improve housing accessibility for
persons with disabilities by providing
exceptions to building and zoning
standards when those exceptions will
facilitate accessibility.
2017 6th Cycle Continuous
The City will appropriately
review requests for
exceptions on building &
zoning standards to
facilitate accessability for
persons with disabilities.

Other 0 None.

Program H-5c: Remove
constraints to persons
with disabilities
Revise development standards and
community care provisions of the
Zoning Ordinance to better
accommodate persons with disabilities
and put procedures in place to more
easily allow accommodation of persons
with disabilities.
2017 6th Cycle Continuous
The City currently follows
the California Building
Code and its requirements
for accessible living
properties, and
continuously evaluating
code to make
improvements
Other0 None.

Program H-5d: Zoning for
farmworker housing
Remove zoning constraints that would
preclude provision of
farmworker housing at appropriate
locations within the City.
2017 6th Cycle In Progress To be addressed in the
Housing Element update Other
0 None.

Program H-5e: Promote
the development of
smaller and larger rental
units
Promote the development of a more
diverse rental market within the City by
encouraging a variety of unit sizes.
2019 / Ongoing 6th Cycle Continuous
The City has approved
projects which included
different unit sizes for
residential.

Other0 None.

Program H-5f: Zoning for
supportive housing and
transitional housing
Remove zoning constraints that would
preclude provision of
supportive and transitional housing at
locations within the City’s residential
districts.
2017 6th Cycle Completed
The City has adopted
amendments to its zoning
code in complaince with
SB2
Other0 None.

Program H-5g: Zoning for
emergency shelters
Remove zoning constraints that would
preclude provision of
homeless shelters within the R‐T
district.
2017 6th Cycle Completed
The city has adopted
amendments to its zoning
code in compliance with
SB2. As a correction, SB2
compliance was targeted
for the M-1 and M-2 zones
Other0 None.

Program H-5h: Facilitate
shelters, supportive
housing, and transitional
housing
Identify a site and funding for an
emergency shelter or
transitional housing facility to meet
local needs.
2019 / Ongoing 6th Cycle In Progress
The City has adopted an
ordiance by City Council
for the M-1 and M-2 zone
in accordance with SB2,
and is open to working
with County of Merced for
possible co-op application
for funding.

Other0 None.

Program H-5i: Zoning for
community care facilities
Remove zoning constraints that would
preclude provision of
community care facilities at appropriate
locations within the
City.
2017 6th Cycle Completed
Community care facilities
are allowed as accessory
uses to single family
residences.

Other0 None.

Program H-5i: Zoning for
Single Room Occupancy
Provide affordable housing options by
removing zoning
constraints that would preclude
provision of single resident
occupancy units at appropriate
locations within the City.
2017 6th Cycle In Progress
As part of the Housing
Element update
implementation process,
the City will revise the
Zoning Code to allow the
development of SROs in
residential zones allowing
multi-family uses (R-2, R3) and/or in commercial
zones allowing hotel and
motel uses (C-C, C-T, DBD, B-P). Additionally, the
City will establish a
procedure to encourage
and facilitate SRO
development in the
allowable zoning districts
Other 0 None.

Goal H-6 - Minimize the
impact of governmental
constraints on housing
construction
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-6a: Zoning
ordinance amendments
Remove zoning constraints that would
preclude provision of
manufactured housing, mobile home
parks, and secondary
housing units at appropriate locations
within the City.
2017 6th Cycle Completed
There are existing zoning
districts within the City
that allow manufactured
homes. Accessory
dwelling units are also
allowed.

Other 0 None.

Program H-6b:

Amendments to Planned
Development District
Increase the use of the City’s planned
development option as a tool to provide
affordable housing
2017 6th Cycle In Progress
The City will review the
planned development
zoning ordinance to
optimize it for affordable
housing.

Other 0 None.

Goal H-7 - Promote energy
efficiency in housing
development
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-7a: Energy
conservation regulation
for new construction
Reduce residential energy consumption
and reduce energy costs, especially for
low income residents.

Ongoing 6th Cycle Continuous
The City will continue to
adopt and enforce state
energy efficiency
requirements for new
residential construction.

Other 0 None.

Program H-7b: Energy
code awareness
promotion
Reduce residential energy consumption
and reduce energy costs, especially for
low income residents.
2017 / Ongoing 6th Cycle Continuous
The City will continue to
update its
website/Building division
information materials, and
work with alternative
electrical energy
providers.

Other 0 None.

Program H-7c:

Weatherization and energy
conservation for existing
dwelling units
Reduce residential energy consumption
and reduce energy costs, especially for
low income residents.

Ongoing 6th Cycle Continuous
The City will continue to
post and distribute
information on current
available weatherization
and energy conservation
programs.

Other 0 None.

Program H-7d: Promotion
of energy efficient land
use planning
Reduce costs associated with
transportation, especially for low
income residents, and make less costly
transportation
alternatives available and feasible.

Ongoing 6th Cycle Continuous
The City continues to
promote, encourage and
approve projects that are
pedesteian friendly to
areas of convenience.

Other 0 None.

Program H-7e: Promotion
of water conservation
Reduce costs associated with water
use, especially for low
income residents.

Ongoing 6th Cycle Continuous
The City hired a contractor
to install 1100 new Water
Meters.

The City and its contractor
has been installing water
meters on all services that
do not have meters. The
City will continue to install
new water meters through
2026. Every time there is a
disconnect or start service
for a water service, the
City installs a meter at that
service. The City is also
installing meters on all
services that are
delinquent in paying their
bill. The City checks all
water leaks, whether it’s
during work hours or after
hours. There has been a
reduction in hydrant
flushing.

Other 0 None.

Goal H-8 - Ensure fair and
equal housing
opportunities for all
Details for each program below Details for each program below
Details for each program
below
Details for each program
below
Details for each program
below
Details for each program
below Details for each program below Details for each program below Program H-8.1: Fair
housing services
Promote fair housing in Atwater and
reduce incidences of
discrimination.
2017 / Ongoing 6th Cycle Continuous
The City continues to
ensure Fair and equal
housing opportunies for
all.

Other 0 None.

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 01/31/2024 - 01/31/2032
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2024 - 01/31/2032
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.

For detailed reporting requirements, see the
chcklist here:

Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+
TOTAL
UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting
Period 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 01/31/2024 - 01/31/2032
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA

Jurisdiction Atwater
Reporting
Period 2025
(Jan. 1 - Dec.

Planning 31)
Period 6th Cycle 01/31/2024 - 01/31/2032 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in
the Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting

Jurisdiction Atwater Note: "+" indicates an optional field Reporting
Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an inventory
of ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 01/31/2024 - 01/31/2032
Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
2 3 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020

Jurisdiction Atwater ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2025 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2024 - 01/31/2032
No
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes

Jurisdiction Atwater Note: "+" indicates an optional field Reporting
Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Size Notes
3 4
APN Street Address/Intersection Date of
Designation
Designation
Level
Historic Site
Period
Areas of
Significance
Parcel Size (in
acres) Notes
Summary Row:

NOTE: This table needs to be completed with any sites within your jurisdiction that were newly added to a National, State, or Local register of historic places within the reporting year. If none, leave blank.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table L
Historical Resources
Parcel Identifier
1 Designation
2

Jurisdiction Atwater
Reporting Year 2025 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes

1. Sixth Revised Housing Element $75,000.00 $75,000.00
Local
General
Fund
($74,606) Reimbursement received on 3/13/2024
($394.00) Reimbursement received on 11/13/25
A. Hire Consultants for HE
Revisions $20,000.00 $20,000.00
Local
General
Fund Reimbursement received on 11/13/25
B. Administration $5,000.00 $5,000.00
Local
General
Fund Reimbursement received on 11/13/25
C. HE Initial Draft $0.00
Local
General
Fund
D. HE Final Draft & City Council
Adoption $0.00
Local
General
Fund

1. Increase Housing Application
Processing Efficiency $27,500.00 $27,500.00
Local
General
Fund Reimbursement received on 8/30/2023
A. Hire Analytic Consultants $20,000.00 $20,000.00
Local
General
Fund Reimbursement received on 8/30/2023
B. Administration $2,500.00 $2,500.00
Local
General
Fund Reimbursement received on 8/30/2023
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
9 9
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Acutely Low
Extremely Low
Acutely Low
Extremely Low

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 150,000.00
Task Status
Completed
Completed
Completed
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Acutely Low
Extremely Low

PLANNING COMMISSION

AGENDA REPORT

MEETING
DATE:

April 13, 2026
TO: Mayor and City Council
FROM: Janell Martin, Assistant City Clerk/Records Coordinator

PREPARED
BY:

Janell Martin, Assistant City Clerk/Records Coordinator SUBJECT: Approving Fee Waiver Requested by Merced County Registrar of Voters to Use Atwater Community Center as a Voting Assistance Center for the 2026 June Statewide Primary Election and the November Statewide General Election (City Clerk Billings & Merced County Registrar of Voters)

RECOMMENDED COUNCIL ACTION
Approval of a fee waiver requested by the Merced County Registrar of Voters to use the Atwater Community Center during the upcoming June 2, 2026 Statewide Direct Primary Election and the November 3, 2026 Statewide General Election as an 11-day Vote Center for each election; and authorizes and directs the City Manager, or designee, to execute any and all documents necessary to waive the facility rental fees associated with Merced County Registrar of Voters using the Atwater Community Center as a Voting Assistance Center.

I. BACKGROUND/ANALYSIS:

Merced County has requested use of the Atwater Community Center as a Voting Assistance Center for upcoming June 2, 2026 Statewide Direct Primary Election and the November 3, 2026 Statewide General Election as an 11-day Vote Center for each election.

In previous elections, Merced County has used the Community Center for Voting Assistance Centers. The City of Atwater and Merced County routinely collaborate to ensure residents have access to local voting services.

Previous Use:
• June 7, 2022 – Statewide Direct Primary Election
• November 8, 2022 – Midterm Election

PLANNING COMMISSION
Don Borgwardt, Chair
Mayra Sanchez-Garcia Jag Mokha
Michael Gomez Shawn Conour

Agenda Report - Approving Fee Waiver Requested by Merced County Registrar of Voters to Use Atwater Community Center as a Voting Assistance Center for the 2026 June Statewide Primary Election and the November Statewide General Election (City Clerk Billings & Merced County Registrar of Voters) Page 2

• March 5, 2024 – Presidential Primary Election
• November 5, 2024 – Presidential General Election
• November 4, 2025 - Statewide Special Election
During these elections, the Multi-Purpose and Jessie Frago Rooms were used. The Registrar of Voters’ Office is responsible for setup, cleanup, delivery of equipment, and proof of insurance.

Request Details for 2026 Special Elections:

For the June 2, 2026 Statewide Direct Primary Election
Schedule Setup Date: Thursday, 05/21/2026
Vote Center Operations: Saturday, 05/23/2026 through Monday, 06/01/2026, 7:00am to 5:00pm
Tuesday, 06/02/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 06/03/2026
For the November 3, 2026 Statewide General Election
Schedule Setup Date: Thursday, 10/22/2026
Vote Center Operations: Saturday, 10/24/2026 through Monday, 11/02/2026, 7:00am to 5:00pm
Tuesday, 11/03/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 11/04/2026
Fee Waiver:

Merced County has requested a waiver of all facility rental fees, except for Facility Attendant Fees of $35 per hour for hours outside normal business hours (Monday through Friday, 8:00 AM – 5:00 PM). If approved, this waiver would apply according to the City’s Fiscal Year 2025-26 Miscellaneous Fee Schedule.

II. FISCAL IMPACTS:

The City of Atwater typically charges fees for the rental of the Multi-Purpose and Jessie Frago Rooms at the Atwater Community Center, including additional fees for facility attendants outside normal business hours.

For both elections, Merced County has requested to use these rooms as a Voting Assistance Center. If approved, the City would waive the standard facility rental fees and deposits.

Agenda Report - Approving Fee Waiver Requested by Merced County Registrar of Voters to Use Atwater Community Center as a Voting Assistance Center for the 2026 June Statewide Primary Election and the November Statewide General Election (City Clerk Billings & Merced County Registrar of Voters) Page 3

The Registrar of Voters is responsible for all facility attendant fees outside of normal business hours, including early mornings, evenings, and weekend hours, so the City would not incur those costs.

Overall, the fee waiver allows the City to continue its long-standing partnership with Merced County to provide accessible local voting facilities.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal number three (3) of the City of Atwater's 2026-2030 Strategic Plan:

Promote transparency through Communication.

V. ALTERNATIVES:

The City Council could decide to deny the fee waiver request and require the Merced County Registrar of Voters to pay all applicable facility rental fees to utilize the Atwater Community Center as a Voting Assistance Center.

VI. INTERDEPARTMENTAL COORDINATION:

The City Administration Department and Recreation Department collaborated and coordinated efforts to work with the Merced County Registrar of Voters to reserve the Atwater Community Center as a Voting Assistance Center.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval of Merced County's fee waiver request, staff will work with the Merced County Registrar of Voters to complete the necessary application and documents to use the Atwater Community Center as a Voting Assistance Center and to waive all applicable fees.

Submitted by:

Agenda Report - Approving Fee Waiver Requested by Merced County Registrar of Voters to Use Atwater Community Center as a Voting Assistance Center for the 2026 June Statewide Primary Election and the November Statewide General Election (City Clerk Billings & Merced County Registrar of Voters) Page 4

Kory J. Billings, City Clerk
Approved by:

Chris Hoem, City Manager
Attachments:

1. Atwater Community Hall Partnership Letter

Melvin E. Levey
Registrar of Voters
2222 “M” Street
Merced, CA 95340
Main: (209) 385-7541
Fax: (209) 385-7387
Toll-free: (800) 561-0619
www.mercedelections.org

S T R I V I N G F O R E X C E L L E N C E
Janell Martin
Atwater Community Center
760 E Bellevue Road
Atwater, Ca 95301
Dear Janell Martin,
The Merced County Elections Department works hard to ensure that elections in Merced County are conducted in a free, fair, accurate, and transparent manner. As part of that effort, we are seeking partnerships with local building managers and/or owners for the temporary use of locations that can serve as Vote Centers.

We have identified the Atwater Community Center as an ideal location due to its size, proximity to voters, and a layout that affords a completely assessible experience for voters. As a Vote Center, the building would be used for the following purposes:
• Voter registration and information dissemination
• Early voting and ballot drop-off
• Election Day voting activities
Our team will be responsible for setting up before the election period and restoring the space to its original state afterward. All necessary measures will be taken to respect the property and maintain it in excellent condition throughout its use.

Please sign and return the form below at your earliest convenience. You may email this form to [email protected]. Please indicate any changes in mailing address, phone number or room to be used at the facility and include any facility use agreement that we will need to submit.

We are requesting to use, and secure, your facility for the following dates/times:

For the June 2, 2026 Statewide Direct Primary Election
Schedule Setup Date: Thursday, 05/21/2026
Vote Center Operations: Saturday, 05/23/2026 through Monday, 06/01/2026, 7:00am to 5:00pm Tuesday, 06/02/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 06/03/2026

For the November 3, 2026 Statewide General Election
Schedule Setup Date: Thursday, 10/22/2026
Vote Center Operations: Saturday, 10/24/2026 through Monday, 11/02/2026, 7:00am to 5:00pm Tuesday, 11/03/2026, 6:00am to 10:00pm
Scheduled Pickup Date: Wednesday, 11/04/2026
Please do not hesitate to reach out to my team if you have any questions. Your Point of Contact will be Nivea Martinez, Election Specialist II. She can be reached at 209.385.7541.

Thank you for helping in ensuring the voters of Merced County can make their voices heard.

Melvin E. Levey
Registrar of Voters
Merced County

For the June 2, 2026 Statewide Direct Primary Election:

Indicate room we are approved to use here: _______________________________

DELIVERY CONTACT INFORMATION BELOW
Contact Name: ______________________________________Title: ____________________________ Contact Phone Number: ________________________E-mail: ________________________________ Best time for Delivery and Pickup: ________________________________________________________

EMERGENCY CONTACT PERSON FOR FACILITY
Emergency Name: __________________________________Number: _________________________ Print Name: ________________________________________________________________________ Signature of Person Authorizing Use: _________________________________Date:_______________ For the November 3, 2026 Statewide General Election:

Indicate room we are approved to use here: _______________________________

DELIVERY CONTACT INFORMATION BELOW
Contact Name: ______________________________________Title: ____________________________

Contact Phone Number: ________________________E-mail: _________________________________ Best time for Delivery and Pickup: _______________________________________________________

EMERGENCY CONTACT PERSON FOR FACILITY
Emergency Name: __________________________________Number: __________________________ Print Name: _________________________________________________________________________ Signature of Person Authorizing Use: _________________________________Date:________________

PLANNING COMMISSION

AGENDA REPORT

MEETING
DATE:

April 13, 2026
TO: Mayor and City Council
FROM: Josh Randol, CAL FIRE-Battalion Chief

PREPARED
BY:

Atwater City Fire Department Fire Department, Office Technician SUBJECT: Authorizing and Approving a Purchase Agreement (Purchase Order) with Cooks Communications of Fresno for the purchase of Ten (10) New Portable Radios (CAL Fire Battalion Chief Randol)

RECOMMENDED COUNCIL ACTION
Authorizes and approves a Purchase Agreement (Purchase Order) with Cooks Communications of Fresno, California, for the purchase of Ten (10) new portable radios & accessories; and authorizes and directs the City Manager, or designee, to execute the purchase on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City Council has a long-standing commitment to ensure that the Atwater Fire Department has equipment necessary to safeguard the lives of the citizens of Atwater.

Due to changing technology and the challenges of securing spare parts, the Department has identified a need to acquire new portable radios. The Department sought to secure quotes for 10 portable radios to replace the portables currently used by personnel of the Department. The portable radios requested will allow the Department to operate in multiple situations on the radio system.

The City received two responsive quotes. Cooks Communications of Fresno, CA and 49er Communications. After analysis of the submitted quotes, Quote #18071, submitted by Cooks Communications, based in Fresno, provides a comprehensive cost-effective solution to replace the Department's aging portable radios.

Staff requests the City Council accept the quote and authorize the execution of a purchase agreement with Cooks Communications of Fresno, Ca.

II. FISCAL IMPACTS:

There are sufficient resources in the approved Fiscal Year 2025-26 operating budget to make the payment from the following account: Public Safety Transactions and Use Tax Fund, Fire Department, Machinery & Equipment, 0004-2030-6021. See the attached quote (Exhibit A)

PLANNING COMMISSION
Don Borgwardt, Chair
Mayra Sanchez-Garcia Jag Mokha
Michael Gomez Shawn Conour

Agenda Report - Authorizing and Approving a Purchase Agreement (Purchase Order) with Cooks Communications of Fresno for the purchase of Ten (10) New Portable Radios (CAL Fire Battalion Chief Randol) Page 2

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Fire Department will coordinate with the City Manager and Finance Department to execute the Purchase Order.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

The Fire Department will coordinate with the Administration and Finance Department to execute the Purchase Order.

Submitted by:

Josh Randol, CAL Fire Battalion Chief
Approved by:

Agenda Report - Authorizing and Approving a Purchase Agreement (Purchase Order) with Cooks Communications of Fresno for the purchase of Ten (10) New Portable Radios (CAL Fire Battalion Chief Randol) Page 3

Chris Hoem, City Manager
Attachments:

1. Cooks Communications Quote #18071

Quote
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
03/01/26 Customer Pick-Up Origin Net 30
Paul Lambert
Atwater City Fire Department Atwater City Fire Department 1350 Broadway Ave
Accounts Payable
Atwater, CA 95301
2006 West Ave Two
Atwater, CA 95301

ATWATER FIRE
18071
160 North Broadway
Fresno, CA 93701-1592
Required
03/28/26
Phone:(559) 233-8818
Email:

Phone:(209) 357-6724
[email protected]
Phone:

Email: [email protected]
Email: [email protected]
10 BKR5000-T3BC-1 Portable, VHF 136-174Mhz
5000CH, 6W, T3, BLK, No Ch
Stop, BT
1725.25 17252.50
10 BKR0810GPS-E BK Antenna GPS,VHF
136-174mhz SMA

35.00 350.00
10 BKR0206 Fire Speaker Microphone-High
Heat Rated with Emergency
Button
278.05 2780.50
10 BKR0101 BK Battery Pack
LiIon 4900mah Smart
192.75 1927.50
10 BKR0303-2 SURPASS Charger Desk Top,
2-Bay, BKR Series Portable
Radios
199.00 1990.00
**NASPO Contract 00318**
Subtotal
Sales tax @ 8.35000%
Total
24300.50
2029.09
26329.59
We accept ACH or EFT payments, call us today
Thank You

PLANNING COMMISSION

AGENDA REPORT

MEETING
DATE:

April 13, 2026
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Jim Vang, Civil Engineering Assistant
SUBJECT: Awarding a General Construction Contract with Consolidated Engineering Inc. for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to adopt a Resolution No. 3605-26 approving Budget Amendment No. 12 amending Fiscal Year 2025-2026 regarding overlaying various streets throughout the City; and Adopt Resolution No. 3606-26 awarding a General Construction Contract, in a form approved by the City Attorney, to Consolidated Engineering Inc. of Valley Springs, CA, for the Overlaying Various Streets Throughout the City Project, City Project 26-04, Bid Call No. 736-26, in an amount not to exceed $913,252.50 and authority construction contract change orders up to an aggregate amount of $45,662.62 (5%); and authorize and direct the City Manager or designee to execute all contract documents on behalf of the City; or
Motion to adopt staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

At their regular meeting on February 23,2026, the City Council authorized a call for bids for overlaying various streets throughout the City. The proposed streets for Base Bid are Shaffer Road between Atwater Boulevard and Juniper Avenue, Mitchell Avenue between Winton Way and the Atwater Canal, Carter Way between Winton Way and Springwood Drive. The proposed street for Additive Alternate #1 includes Cedar Avenue between First Street and Winton Way. The proposed street for Additive Alternate #2 is Drakeley between First Street and Winton Way. Work consists of wedge grinding the existing asphalt concrete, installation of an asphalt paving mat, overlay of 1 ½” of asphalt concrete over the mat, and replacing thermoplastic traffic striping and pavement markings. Work will also include approximately 50 feet of conform overlay paving on intersection streets that do not have a valley gutter.

Bid proposals for this project were opened on Thursday, March 19, 2026, at 2:00 P.M. and were totaled and reviewed for responsiveness. Eight (8) bid proposals were

PLANNING COMMISSION
Don Borgwardt, Chair
Mayra Sanchez-Garcia Jag Mokha
Michael Gomez Shawn Conour

Agenda Report - Awarding a General Construction Contract with Consolidated Engineering Inc. for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson) Page 2

received. The Bid Summary for Base Bid plus Alt. #1 and Alt. #2 (Exhibit “A”) shows the bid amounts ranging from $1,073422.50 to $1,420,148.00.

Due to budget constraints, staff is only recommending Base Bid plus Additive Alternate #1. This would include overlaying at:

1. Shaffer Road between Atwater Blvd and Juniper Ave

2. Mitchell Ave between Winton Way and the Atwater Canal

3. Carter Way between Winton Way and Springwood Drive

4. Cedar Ave between First St and Winton Way
Staff has reviewed the bids and determined that the bid submitted by Consolidated Engineering Inc. of Valley Springs, California in the amount of $913,252.50 responsive and acceptable bid.

Staff recommend including 5% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $958,915.12. This total budget includes the construction contract amount of $913,252.50 for bid items with the contractor and $45,662.62 for contingency.

II. FISCAL IMPACTS:

Sufficient funding for this project will be available upon approval of Budget Amendment No. XX in the Regional Surface Transportation Program Fund FY 25-26, Account No. 1017-1080-X017.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been coordinated by all the relevant departments.

VII. PUBLIC PARTICIPATION:

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

Agenda Report - Awarding a General Construction Contract with Consolidated Engineering Inc. for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson) Page 3

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

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

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Chris Hoem, City Manager
Attachments:

1. BA No. 12 Reso No. 3605

2. Resolution 3606-26 Awarding Construction Contract with Consolidated Engineering, Inc.

3. Construction Contract Project 26-04

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. X AMENDING 2025-2026

FISCAL YEAR BUDGET REGARDING

OVERLAYING VARIOUS STREETS

THROUGHOUT THE CITY PROJECT
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3538-25 adopting the 2025-2026 Fiscal Year Budget on June 9, 2025; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. X to the 2025-2026 Fiscal Year Budget as follows:

SECTION 1: Increase budget in the Regional Surface Transportation Program Fund as follows:

Increasing Budget
(Expense)
1017-1080-X017 Overlaying-Various
Streets
$704,516.00
.

BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

Resolution No. XXXX-25 Page 2
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 13th day of April 2026.

AYES:

NOES:

ABSENT:

APPROVED:

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

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AWARDING A GENERAL CONSTRUCTION

AGREEMENT TO CONSOLIDATED ENGINEERING INC OF

VALLEY SPRINGS, CA FOR THE OVERLAYING VARIOUS

STREETS THROUGHOUT THE CITY PROJECT
WHEREAS, on the February 9, 2026 City Council meeting, the City Council had a discussion on how to spend the Regional Surface Transportation Program Funding and directed staff to issue a Call for Bids for overlaying various streets in the city; and WHEREAS, the City Council approved the call for bid for Overlaying Various Streets Throughout the City at the February 23, 2026 City Council meeting; and WHEREAS, the proposed streets for Base Bid are Shaffer Road between Atwater Boulevard and Juniper Avenue, Mitchell Avenue between Winton Way and the Atwater Canal, Carter Way between Winton Way and Springwood Drive. The proposed street for Additive Alternate #1 includes Cedar Avenue between First Street and Winton Way. The proposed street for Additive Alternate #2 is Drakeley between First Street and Winton Way; and
WHEREAS, Work consists of wedge grinding the existing asphalt concrete, installation of an asphalt paving mat, overlay of 1 ½” of asphalt concrete over the mat, and replacing thermoplastic traffic striping and pavement markings.; and WHEREAS, due to budget constraints, the project will be only include Base Bid plus Additive Alternate #1; and
WHEREAS, The city received eight bids for the project with Consolidated Engineering, Inc. coming in as the lowest responsive and responsible bidder at $913,252.50.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby award a General Construction Agreement, in a form approved by the City Attorney, to Consolidated Engineering, Inc. of Valley Springs, CA in an amount not to exceed $913,252.50 and 5% contingency of $45,662.62 for the Overlaying Various Streets Throughout the City Project.

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 13th day of April 2026.

AYES:

NOES:

ABSENT:

APPROVED:

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

CITY OF ATWATER

CONSTRUCTION CONTRACT

OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 13 day of April, 2026 by and between the City of Atwater, a public agency of the State of California (“City”) and Consolidated Engineering, Inc., a contractor with its principal place of business in Valley Springs, California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

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

2.3 Project. City desires to engage Contractor to render such services for the Overlaying Various Streets Throughout the City Project (“Project”) as set forth in this Contract.

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

3. TERMS

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

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

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

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

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

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

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

3.3 Period of Performance.

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

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

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

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

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of $913,252.50 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

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

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
7

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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

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

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

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

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

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

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

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

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

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

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

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

3.8.8 Air Quality.

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

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

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

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

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

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

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.12 Indemnification.

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

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

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

3.13 Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

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

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

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

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

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

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

3.14 Bond Requirements.

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

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

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

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

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

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

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

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

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

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

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

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

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

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

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

CONTRACTOR:

Consolidated Engineering, Inc.

P.O Box 701
Valley Springs, CA 95252
19

Attn: Casey Curtin, President
CITY:

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

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

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

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

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

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

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

3.17.13 [Reserved]

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

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

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

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF ATWATER
AND CONSOLIDATED ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 13th day of April, 2026.

City of Atwater Consolidated Engineering, Inc.

By: By:

Christoper Hoem
City Manager Its:

Printed Name:

ATTEST:

By:

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

By:

Frank Splendorio, City Attorney
22

EXHIBIT “A”

SERVICES / SCHEDULE
Base Bid
ITEM
NO. ITEM UNIT OF MEASURE ESTIMATED QUANTITY UNIT PRICE TOTAL ITEM PRICE 1 MOBILIZATION LS 1 $28,000.00 $28,000.00
2 TEMPORARY TRAFFIC
CONTROL LS 1 $64,000.00 $64,000.00
3 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1 $5,200.00 $5,200.00
4 REMOVE EXISTING TRAFFIC

STRIPING AND PAVMEENT

MARKINGS
LS 1 $21,000.00 $21,000.00
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 11,960 $1.25 $14,950.00
6 REPAIR EXISTING AC
PAVEMENT SF 300,150 $0.40 $120,060.00
7 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1 $75,600.00 $75,600.00
8 1.5" TYPE A HMA OVERLAY WITH
PAVEMENT FABRIC SF 300,150 $1.05 $315,157.50
9 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1 $96,000.00 $96,000.00
Additive Alternative #1
1 MOBILIZATION LS 1 $6,500.00 $6,500.00
2 TEMPORARY TRAFFIC
CONTROL LS 1 $14,500.00 $14,500.00
3 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1 $3,000.00 $3,000.00
4 REMOVE EXISTING TRAFFIC

STRIPING AND PAVMEENT

MARKINGS
LF 1 $5,300.00 $5,300.00
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LS 4,040 $1.25 $5,050.00
6 REPAIR EXISTING AC
PAVEMENT SF 76,100 $0.40 $30,440.00
7 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1 $20,700.00 $20,700.00
8 1.5" TYPE A HMA OVERLAY WITH
PAVEMENT FABRIC SF 76,100 $0.95 $72,295.00
9 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1 $15,500.00 $15,500.00
BASE +ADDITIVE ALTERNATE #1: $913,252.50
23

EXHIBIT “B”

PLANS AND SPECIFICATIONS
24

25

CITY PROJECT NO. 26-04
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
________________________________
Spencer Supinger, PE
26

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

NTB-1

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
Bids open Thursday, March 19, 2026 at 2:00 p.m. Pacific DST Scope of Work:

The Base Work generally consists of a 1.5-inch pavement overlay located on Shaffer Road between Atwater Blvd and Juniper Avenue; Carter Way between Winton Way and Springwood Drive; and Mitchell Street between the Atwater Canal and approximately 250 feet east of the intersection of Mitchell Street and Willow Steet. Additive Alternative #1 includes Cedar Avenue between First Street and approximately 70’ west of Seventh Street. Additive Alternative #2 includes Drakeley Avenue between First Street and approximately 320’ west of Seventh Street. Base bid and Alternatives include approximately 50 lineal feet of conform overlay paving on each intersecting street (unless intersection street has a valley gutter, then conform will stop at valley gutter). The Base Work includes approximately 300,150 square feet of existing surfaced roadway or approximately 6,290 linear centerline feet of roadway, including side street conforms measured to the centerline of all roads. Additive Alternative #1 includes approximately 76,100 square feet of existing surfaced roadway or approximately 2,170 linear centerline feet of roadway, including side street conforms measure to the centerline of all roads. Additive Alternative #2 includes approximately 79,000 square feet of existing surfaced roadway or approximately 2,500 linear centerline feet of roadway, including side street conforms measured to the centerline of all roads. All roads included in the project are to be paved “current” to Caltrans standard specifications.

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

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

The Contractor shall furnish all labor, materials, equipment, tools, incidentals, permits, services, and construction required to complete the Work, which includes:
• mobilizing all required resources to complete the Work; • providing temporary traffic control;
• providing erosion, sedimentation, and pollution control; • removing existing pavement by wedge grind;
• removing existing pavement markers;
• removing existing traffic striping and pavement markings by grinding; • disposing and/or recycling of all removed and excess materials; • handling and disposing of any and all hazardous materials; • repairing and filling existing pavement cracks, potholes, and boils; • leveling low/depressed areas of existing pavement;
• replacing damaged traffic signal detector loops and lead-in cables; • raising existing utility covers to finish grade; (Base Bid: Approx 19 sewer/storm/cable manholes;65 G5 water/monument/gas valve/sewer cleanout; Additive Alternative #1 Approx 11 sewer/storm/cable manholes; 12 G5 water/monument/gas valve; Additive Alternative #2 Approx 9 sewer/storm/cable manholes; 15 G5 water/monument/gas valve) Contractor to verify before bid. • cleaning loose sand, dirt, debris, and other contaminants from existing pavement; • applying asphalt binder tack coat and sealant;
28

NTB-2
• installing geosynthetic pavement fabric;
• placing and compacting 1.5” Type A HMA pavement overlay with 1/2" max. aggregate size; and • replacing thermoplastic traffic striping and pavement markings, and pavement markers.

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

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

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 OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT.

Project Number: 26-04
Bid Call Number: 736-26
Bid forms for this work are included in a separate book titled:

CITY OF ATWATER, CALIFORNIA

PUBLIC WORKS DEPARTMENT

BID BOOK

FOR THE CONSTRUCTION OF

OVERLAYING VARIOUS STREETS THROUGHOUT 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-12 – Earthwork and Paving, to perform this work.

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

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

Complete work within 30 working days.

The estimated cost of the base bid construction is $727,000.

The estimated cost of Additive Alternative #1 is $185,000.

The estimated cost of Additive Alternative #2 is $192,000. 29

30

NTB-4

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT
* * * * * *

OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY

PROJECT
Project Number: 26-04

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

BASE BID
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 11,960
6 REPAIR EXISTING AC PAVEMENT SF 300,150
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 300,150 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
ADDITIVE ALTERNATIVE #1
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
31

NTB-5
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,040
6 REPAIR EXISTING AC PAVEMENT SF 76,100
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 76,100 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
ADDITIVE ALTERNATIVE #2
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,500
6 REPAIR EXISTING AC PAVEMENT SF 79,000
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 79,000 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1

UNITS OF MEASURE
32

NTB-6
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET
33

SP-1

CITY OF ATWATER

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

SPECIAL PROVISIONS

OVERLAYING 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
34

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.
35

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 Wednesday, March 11, 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 Friday, March 13, 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.
36

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

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

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

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

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

Bid Item 5 – Remove Existing AC Pavement (Wedge Grind)
This is a unit price bid item for cold planning a wedge grind per Section 39-3.04 at all perimeters of the project work area to provide for a smooth transition of the pavement overlay to meet and match the existing elevations of existing curbs, gutters, and pavements at the edges of the work. The wedge grind shall be one and one quarter inches (1.25”) deep adjoining existing gutters and one and one half inches (1.5”) deep at the outer perimeter of all other locations and shall taper over a width of 42 inches (42”) where parallel to travelled ways and over a width of ten feet (10’) where transverse to travelled ways to match existing pavement elevations of the roadways. This item includes the removal and disposal/recycling of existing asphalt pavement as shown in the plans and described in the specifications and scope of work per all applicable sections of the standard specifications and special provisions. This items shall be bid per the units and quantities shown and shall conform to all applicable portions of the plans, specifications, special provisions, and scope of work.
37

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

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

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

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

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

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

Remove section 2-1.18 in its entirety.

Remove section 2-1.27 in its entirety.

Replace paragraph 3 of section 2-1.33A with:

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

Add to the end of section 2-1.33A:
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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 OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY, Project No. 26-04, to be opened at 2:00 p.m., Thursday, March 19, 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.

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

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

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

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

Add to section 2-1.46:

The City may make such investigations as necessary to determine a Bidder’s ability to perform the Work, and the Bidder must furnish to the City all requested information and data for this purpose. The City reserves the right to reject any Bid if it determines a Bidder is unqualified to carry out the obligations of the Agreement and to complete the Work.
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3 CONTRACT AWARD AND EXECUTION
Add to the end of section 3-1.02A
If the contract is awarded, the contract shall be awarded to the responsible bidder submitting the lowest responsive bid.

Replace section 3-1.02B with:

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

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

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

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

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

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

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

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

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

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

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

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

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

Deliver to the contact listed in the Notice to Bidders:

1. Signed Contract form

2. Contract bonds

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

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

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

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

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

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

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

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

Replace section 5-1.20E with:
5-1.20E Water Meter Charges
The City can provide construction water. The Fiscal Year 2025-26 costs for construction water supplied from fire hydrants, per City Council Resolution 3537-25, 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, but contractor will still need to obtain a hydrant meter.

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.

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 43

SP-11
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

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 44

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or the City, or by any employee thereof, and the Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed.

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

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

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

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

Replace the entirety of Section 5-1.25 with:

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

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

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

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

The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the California Department of Industrial Relations’ Internet Web Site at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. These wage rates are 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). 45

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Add to section 7-1.02K(2):

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

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

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

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

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

Add to the end of section 7-1.04:

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

Add before paragraph 1 of section 7-1.05A:

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

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

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

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

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

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

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

Replace section 7-1.06G with:

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

Add to section 7-1.06H:
46

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

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

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

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

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

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

Replace section 9-1.16F with:

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

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

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

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

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

If you substitute securities for any portion of the retention, the City may request that such securities be revalued from time to time, but not more often than monthly. Such revaluation will be made by a person or entity designated by the City and approved by you. If such revaluation results in a determination that the 47

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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. 48

SP-16

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.
49

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

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

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

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

Do not operate construction equipment or run the equipment engines from 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 50

SP-18
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. 51

SP-19

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.
52

SP-20

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. 53

SP-21

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

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

Replace 37-6.04 with:

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

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

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

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

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

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

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

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

Add to section 39-2.02A(1):

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

Use PG64-10 asphalt binder.

Replace section 39-2.02B(3) with:

The grade of asphalt binder for Type A HMA must be PG 64-10. 54

SP-22
Replace section 39-2.06D with:

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

Replace section 39-3.01D with:

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

Replace section 39-3.04D with:

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

The payment quantity is lineal feet of actual length cold planed in a wedge grind to the width and depth described in the bid item and shown on the plans.
55

SP-23

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

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

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

Contractor will be responsible for adjustment of existing “wet” utility structures as indicated on the plans, including storm drain manholes, sanitary sewer manholes, and water valve covers. Wet utility structure rims will be adjusted to grade in accordance with City standard details. Costs for adjustment of the existing sanitary sewer manhole is to be included in the bid item for “Raise Existing Utilities Covers to Finish Grade”. 56

SP-24

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.
57

SP-25

DIVISION XI MATERIALS
96 GEOSYNTHETICS
Add to paragraph 1 of section 96-1.02J:

Paving fabric shall be PETROMAT® 4598 or approved equal. 58

PUBLIC WORKS DEPARTEMENT
750 BELLEVUE ROAD
ATWATER, CA 95301
(209) 357-6233
March 13, 2025
ADDENDUM No. 1

PROJECT: OVERLAYING VARIOUS STREETS THROUGHTOUT THE CITY BID CALL NO. 736-26; PROJECT NO. 26-04
Addendum No. 1 is being issued to the Notice to Bidders, Specifications and Plans, for the Overlaying Various Streets Throughout the City Project. Bids for this proposal are to be opened on Thursday, March 19, 2026 at 2:00 P.M. in the City of Atwater Council Chamber, at 750 Bellevue Road, Atwater, CA 95301
The following responses address questions identified as Bid RFI Nos. 1 through 10, from all Bid RFIs received through 03/11/2026:

1. BID RFI No.1: I see there is a $50 fee for the bid documents for the physical documents.

Please confirm if we need to purchase the bid documents or if we can use the provided email attachments to submit a bid.

Response: Bidders can use the electronic copies to bid. Bidders are not required to purchase a hardcopy set of plans and specifications.

2. BID RFI No.2: If requesting electronic files, do we still need to provide a check for $50 to the City.

Response: No.

3. BID RFI No.3: Can you provide the amount of liquidated damages allocated to this project? Response: Refer to Standard Specification Section 8-1.10A Liquidated Damages.

Liquidated damages are $4,200 per day.

4. BID RFI No.4: Is the 30 working days including alternates, or how many days for each? Response: 30 days working days includes Base Bid plus Alternative #1 and Alternative #2.
59

5. BID RFI No.5: Is there an LD schedule for this project? Response: See response to RFI No.3.

6. BID RFI No.6: What is the basis of award?
Response: Replace Section 3-1.02A Bid Book for Construction Overlaying Various Street Throughout the City Project, Book 1 of 2 with the following:

If the contract is awarded, the contract shall be awarded to the lowest responsible bidder for the sum of the base bid plus any bid alternates the City chooses to award.

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

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

7. BID RFI No.7: What is the anticipated start for this project? Response: Project is anticipated to start in May 2026.

8. BID RFI No.8: Per bid item 6 calls for the replacement of the traffic signal detector and leadin cables for the northbound lane on Shaffer, is the request that all of the loops be replaced or is it specific to the ones with the wedge grind area?
Response: Replace all loops on Shaffer Road.

9. BID RFI No.9: Per specifications there are 30 WD allowed for the project, there are no additional days provided if alternates are awarded. Please confirm or if additional WD are allowed if alternates are awarded, please advise how many per alternate.

Response: See response to RFI No.4.

10. BID RFI No.10: I noticed for the alternates on Bid Book 2 of 2, there is no place to input the unit prices or totals.

Response: Replace pages BF-4, BF-5, and BF-6 Bid Book for Construction of Overlaying Various Streets Throughout the City Project, Book 2 of 2 with the following:
60

CITY OF ATWATER

BID ITEM LIST

OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-04
BID CALL NO. 736-26

BASE BID
ITEM
NO. ITEM

UNIT OF
MEASUR
E

ESTIMATED

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

STRIPING AND PAVEMENT

MARKINGS
LS 1
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 11,960
6 REPAIR EXISTING AC
PAVEMENT SF 300,150
7 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY
WITH PAVEMENT FABRIC SF 300,150
9 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1
TOTAL BID:

ADDITIVE ALTERNATIVE #1
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC
CONTROL LS 1
61

ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
3 EROSION,

SEDIMENTATION, AND

POLLUTION CONTROL
LS 1
4 REMOVE EXISTING

TRAFFIC STRIPING AND

PAVEMENT MARKINGS
LS 1
5 REMOVE EXISTING AC

PAVEMENT (WEDGE
GRIND)
LF 4,040
6 REPAIR EXISTING AC
PAVEMENT SF 76,100
7 RAISE EXISTING

UTILITIES COVERS TO

FINISH GRADE
LS 1
8 1.5” TYPE A HMA

OVERLAY WITH

PAVEMENT FABRIC
SF 76,100
9 REPLACE TRAFFIC

STRIPING AND

PAVEMENT MARKINGS
LS 1
TOTAL ADDITIVE ALTERNATIVE #1:

ADDITIVE ALTERNATIVE #2
ITE
M
NO.

ITEM UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC
CONTROL LS 1
3 EROSION,

SEDIMENTATION, AND

POLLUTION CONTROL
LS 1
4 REMOVE EXISTING

TRAFFIC STRIPING

AND PAVEMENT

MARKINGS
LS 1
5 REMOVE EXISTING AC

PAVEMENT (WEDGE
GRIND)
LF 4,500
62

ITE
M
NO.

ITEM UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
6 REPAIR EXISTING AC
PAVEMENT SF 79,000
7 RAISE EXISTING

UTILITIES COVERS TO

FINISH GRADE
LS 1
8 1.5” TYPE A HMA

OVERLAY WITH

PAVEMENT FABRIC
SF 79,000
9 REPLACE TRAFFIC

STRIPING AND

PAVEMENT MARKINGS
LS 1
TOTAL ADDITIVE ALTERNATIVE #2:

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. 63

64

ATTACHMENT 2:

PLANS
65

66

67

68

69

TYPICAL CROSS SECTION
70

ADJACENT TO CONCRETE

AT EDGE OF PAVEMENT

TRANSVERSE TO TRAVELED WAY
71

-STANOARD
PL'IN
5-2,¡- 9z M-10
DAÎE:

CITY OF ATWA

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

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

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

SECTION AND OUARTER CORNER NIONUITÍENTS
Permanent survey monuments shall be placed at all section and quarter corners - within, lhe improvement. The section corner monuments shall be Cl:ass rBtt concrete, poured in place, with mini¡¡um dimensions of 6rt diameter by 24 inches. Plates shall be placed before the concrete has acquired its initial set and shall be fir:nly embedded in the concrete. I'bnuments shalI be visibly tagged or stamped with the certificate number of the surveyor or engineer setting it. In paved areas, a E¡onument box is required, with lettering "MONUMENTII on cover. Fra'e to be set in 5 sack concrete mix (Class trB'r per State specification") 24 inches square by 6 inches deep, rnatching pavement grades. Use Brooks 4-TT or Christy G5 concrete boxes with traffic lids, or an approved equal. 72

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

BOU}TDARY LINES
Cityboundaries,andlínesbetr,¡eenregistered(TorrensTitle)andunregisandbeËr,reenaseParateownership,ofregisteredland'shallbelotlines; suchalineshaltnoEcuÈa1oË,buÈshallbemadealineofalot'exceP DíËted bY the CitY Engineer'
Sheet 2 oÍ' 3
tered land,
thaÈ iç,
Ë where Per73

M-¡2 DATE: 5-/l'âz APPROVED BY:

AT TE I
c
o
SI]RVEY
OF ON TI{E FINAI MAP
The character, tyPe and positions of all monúmenÈs and encasemenËs shall be noted onthefinalnap.Ifanyshortageorexcessofdistanceisfoundonthegroundbetr¡eenexísËingmonumentsrcornparedr^riththeoríginalrecord'anydivísíonofthe ËoËal musË bear its prcportion of such shortage or excess' If a monument is replaced., indicate type aod. condition of rnonuoeot found, and the daEe of replacemenË. 74

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DETAILS
z-zz-/ê
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DR¡T H.ED.

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

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

LENGTHS OF ONE, TWO OR THREE

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

PIPE SFIAII- BE IAID THROUGH THE MANHOIf. THEN

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

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

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

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

PE SIZE VARIES

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

CLASS'A CONCRETE BASE
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SECTION A -A
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IJl¡l
76

s-4
ilz*/ rr (MODIFIED) DATE:

ENGINEER
DRIùOATERev.
o F ATWATER E c ITY
¡ofE:. i,i' iottttu - FRÀt¡E ^¡lo c.YER- -?l'.'.EFrott iãrno"v t{o. ^-49o - -P}loE¡llx - tn-o' 'noRl(s '*L ãËìò,2-L-oR aPPRoYEo Eou^L' CONCRETE CCALJÂ
AL 'ùRqUrlO OfI PAYEHEI{f
3EE llOlE
t\
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d=E
coHPAcflotl a3 PER 5fÞ- T-l rHRuf-3
peVevexr 10 BE lancúT
31O, V,C.P. '¡YYE
E RATTCH . DIA. PIPE
PLUG
cLAss "3" P.C.C.
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82"
69"
96"
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121',
154'
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84 C¡TY
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APPNOVED
RM DRAIN M.H. FOR C:l.PP
crrY o A TER
MIN. Il/?ACPAVING
STANDARD FRAME AND COVER, .SOUTH BAY FOUNDRY SBF.1O7,
IIARKED'STORIT.

CLASS.B'CONCRETE €T MN.

3. or6i. GRADE RINGS
.2I MORTAR, DRYPACKED

CONCENTRIC RETNFORCED CONCRETE
coNE- ECCENTRIC R.C. CONE OmOt.¡AL
TO BE APPROVED BYTHE CTY ENGINEER- :

PRE€AST IJIANHOIE SECTIONS S'-IALL
. MEETÀS.T-IÂ SPECIFICATION C478
FOR CL III RE]NFORCEÐ CONCRETE PIPE.LENGTHS OF ONE TWO OR THREE FEET ARE OPT|OÀ¡AL AtL JO]NTS SHAII BE
GROUTED SMOOTH. INSIDE AND OUT AI.¡DSI{ALL BE WATERTIGHT. #5 BARS ( SEE STANDARD PI-AN .r,
St}4FORPTANV|EW)
POUREDIN+I-ACE P.C.C. BASE

TYPICAL CONCENTRIC
iIANHOLE
54" THRU I2O,
ct-Ass'A' P.c.c. coNFoRMtNGTO
SECNON 90. STANDARD SPECIFICATIONS,
STATE OF CAUFORNIÀ 1992 EDMON OR
Al.l APPROIÆD EOUAL Sr{Att BE USED
FOR M.H. BASESAND C.IP-P.

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79

750 BELLEVUE ROAD
ATWATER, CA 95301

THE CITY OF ATWATER
PREPARED FOR: PREPARED BY:

SIGNING AND STRIPING DETAILS
516 W. SHAW AVE., STE. 103
FRESNO, CA 93704
PHONE: (559) 570-8991
EMAIL: [email protected]
SIGNING AND STRIPING NOTES (THIS SHEET ONLY):
≥
80

EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $4,200 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. 81

EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Consolidated Engineering, Inc.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
82

EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 83

EXHIBIT “F”

PAYMENT BOND
84

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Atwater (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to Consolidated Engineering, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to 85

recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
86

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
87

Exhibit G
Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
 Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).  The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ 88

PLANNING COMMISSION

AGENDA REPORT

MEETING
DATE:

April 13, 2026
TO: Mayor and City Council
FROM: Jonnie Hanson Lan, Community Development Director

PREPARED
BY:

Lisa Baladad, Executive Assistant
SUBJECT: Community Development Department Quarterly
Update (Community Development Department Director Hanson Lan)

RECOMMENDED COUNCIL ACTION
I. BACKGROUND/ANALYSIS:

CDD Q1 Update January - March 2026
This quarter reflects continued progress in positioning the City of Atwater for housing compliance, infrastructure readiness, and economic growth. Key efforts include advancement of the Housing Element toward State certification, progress on the General Plan Update and EIR, and continued investment in infrastructure and permitting efficiency improvements.
• New CDD Director
• Various meetings with individual Council members to understand Council vision and priorities.
• Met with various stakeholders.

PLANNING and HOUSING DIVISIONS
• Housing Element submitted for third-round State review; nearing substantial compliance.
• Housing Element certification critical to maintaining local control. • Zoning updates will be required following certification. • General Plan Administrative Draft under review; EIR nearing completion. EIR will allow CEQA streamlining.
• CloudPermit training and workflow modernization underway. • Recruitment completed for Planning vacancy.

PLANNING COMMISSION
Don Borgwardt, Chair
Mayra Sanchez-Garcia Jag Mokha
Michael Gomez Shawn Conour

Agenda Report - Community Development Department Quarterly Update (Community Development Department Director Hanson Lan) Page 2

ENGINEERING DIVISION
• Citywide Signal Synchronization nearing 100% design.
• Bellevue Road Realignment at 65% design.
• Green Sands Utilities project scheduled for Council award. • Street overlay and restriping projects out to bid.
• Multiple construction projects active citywide.

BUILDING DIVISION
• Expanded CloudPermit (the city's online permitting software) functionality. • Implementation of Xpress Bill Pay system.
• Continued strong permit activity and development pipeline.

Permits Submitted: 176
Permits Issued: 164
Building Inspections: 417
Business License Inspections: 17

ECONOMIC DEVELOPMENT
• Continued development activity along key corridors.
• Coordination with infrastructure planning to support growth. • We are ensuring cannabis businesses are in compliance, including the collection of regulatory fees.
• Approximately 75 businesses have paid for or renewed their business licenses.

II. FISCAL IMPACTS:

NA
III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal number three (3) of the City of Atwater's 2026-2030 Strategic Plan: Promote transparency through Communication.

V. ALTERNATIVES:

NA
VI. INTERDEPARTMENTAL COORDINATION:

Agenda Report - Community Development Department Quarterly Update (Community Development Department Director Hanson Lan) Page 3

This item has been coordinated with all the necessary departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

This is an informational item only.

Submitted by:

Jonnie Hanson Lan, Community Development Director
Approved by:

Chris Hoem, City Manager
Attachments: