Agenda packet — Fowler City Council, August 1, 2023

CITY COUNCIL MEETING
TUESDAY, AUGUST 01, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
https://us06web.zoom.us/j/85476721144?pwd=K0dRdllQMDNuaDkxSmpjdTdVRHRQUT09 Telephone Number: (253) 215-8782
Meeting ID: 854 7672 1144
Passcode: 848572
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at https://fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution 1 or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. MEETING CALLED TO ORDER

2. ROLL CALL

3. APPROVAL OF AGENDA

4. INVOCATION BY PASTOR MARK GRICE OF THE WORSHIP CENTRE

5. PLEDGE OF ALLEGIANCE

6. CEREMONIAL PRESENTATIONS
A. EMPLOYEE OF THE QUARTER - ALFRED VASQUEZ

7. PUBLIC COMMENT
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.

8. CONSENT CALENDAR
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.

A. RATIFY Warrants for August 1, 2023
B. APPROVE Minutes of the July 18, 2023 City Council Meeting C. APPROVE voting delegate for League of California Cities Conference (Clerk) D. APPROVE Resolution No. 2662 approving the amendments to the City’s salary classification schedule to include a 2.5% Cost of Living (COLA) salary adjustment effective September 1, 2023
E. APPROVE the disposal of the Ford F-350 Dump Truck within the Public Works Department
2 F. APPROVE a Professional Services Agreement with CSG Consultants, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2024
G. APPROVE an agreement with Provost and Pritchard Consulting Group for engineering services for the Bikeway to Transit Project in an amount not to exceed $19,050 and authorize the City Manager to negotiate such agreement.

H. APPROVE Resolution 2663 designating the intersection of Curtis and Armstrong Avenues as an all-way stop.

I. Actions Pertaining to the reconstruction of Manning Avenue i) APPROVE an agreement with Dave Christian Construction Company, Inc. in the amount of $838,973 for the Manning Avenue Rehabilitation Project. ii) APPROVE Resolution No. 2665 a budget amendment for Fiscal Year 2023-2024 allocating $42,285 from the Measure C funds as a local match.

9. CONTESTED CONSENT CALENDAR
Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

10. GENERAL ADMINISTRATION
Public Works
10(Public Works), A. APPROVE Resolution No 2664, a Resolution Confirming the Diagram and Assessment of the Annual Levy for Fiscal Year 2023-24 for Landscaping and Storm Drainage Facilities Maintenance District No. 1.

Finance

10. (Finance) B. APPROVE Resolution No. 2661 Approving the General Fund Reserve Policy for the City of Fowler

10. (Finance) C. RECEIVE AND FILE Local Agency Investment Funds Update

11. STAFF COMMUNICATIONS

12. COUNCILMEMBER REPORTS AND COMMENTS

13. CLOSED SESSION
Government Code Section 54956.8
Conference with Real Property Negotiator
Property: 119 South 6th Street
3 Agency Negotiator: Thomas Gaffery, Assistant City Manager Negotiating Parties: United Security Bank, Bobby Aulakh Under Negotiation: Price and Terms of Potential Sale
Government Code Section 54957
Public Employee Appointment/Employment
Title: Public Works Director
Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representative: City Manager
Unrepresented employee: Public Works Director

14. ADJOURN
Next Ordinance No. 2023-08
Next Resolution No. 2666
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, July 28, 2023.

Angela Vasquez, CPMC
City Clerk
4 5
Section 8 A.
6 Section 8 A.
7 Section 8 A.
8 Section 8 A.
9 Section 8 A.
10 Section 8 A.
11 Section 8 A.

CITY COUNCIL MEETING
TUESDAY, JULY 18, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Parra called the meeting to order at 6:00 p.m.

2. ROLL CALL
PRESENT:

Parra
Mejia
Gill
Hammer
Kazarian

CITY STAFF PRESENT
City Manager Tucker, City Attorney Cross, Assistant City Manager Gaffery, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez

5. PUBLIC COMMENT
One member of the public spoke.

6. CONSENT CALENDAR
Councilmember Kazarian made a motion to approve items 6-A through 6-D of the consent calendar, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Kazarian, Gill, Hammer, Mejia, Parra

7. CONTESTED CONSENT CALENDAR
Item 6-E. APPROVE a professional services agreement with Price Paige & Company for FY 2022-23 (Finance), was pulled from the Consent Calendar by Councilmember Kazarian
Mayor Pro-Tem Mejia made a motion to approve Item 6-E. APPROVE a professional services agreement with Price Paige & Company for FY 2022-23 (Finance), seconded by Mayor Parra. The motion carried by roll call vote: Ayes: Mejia, Parra, Gill, Hammer; Noes: Kazarian
Staff were given direction to work toward finding alternatives for the next fiscal year audit and provide an update to council.
12 Section 8 B.

8. GENERAL ADMINISTRATION
8-A. Public Works Department
i. Workshop on Water Rate Study progress
Staff were given direction to modify the water rate analysis and bring the analysis back to Council at a later date.

9. STAFF COMMUNICATIONS
Updates were given by Police Chief Reid, City Clerk Vasquez, Finance Director Moreno, and Assistant City Manager Gaffery.

10. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Hammer, Councilmember Gill, Mayor Parra, Mayor Pro-Tem Mejia, and Councilmember Kazarian.

11. CLOSED SESSION
No reportable action was taken on any of the three items.

12. ADJOURN
Having no further business, the meeting adjourned at 7:31 p.m. 13 Section 8 B.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
14 Section 8 C.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 15 Section 8 C.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
16 Section 8 C.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

FOWLER
Amarjeet Gill [email protected]
Councilmember
Daniel T. Parra
Mayor
[email protected]
N/A
Angela Vasquez [email protected]
(559) 834-3113
17 Section 8 C.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 18 Section 8 C.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE Resolution No. 2662 approving the amendments to the City’s salary classification schedule to include a 2.5% Cost of Living (COLA) salary adjustment effective September 1, 2023

EXECUTIVE SUMMARY
This action amends the City’s salary classification schedule to include 2.5% COLA salary adjustment that was adopted on the FY23-2024 Budget.

BACKGROUND
Historically, the City has provided its employees an annual 2% COLA. The last 2% COLA was on March 1, 2022. The proposed salary classification schedule reflects a 2.5% COLA across each salary steps for all full-time salaried positions. The COLA will help offset the minimal CalPERS increase that went to effect on July 1, 2023. Staff recommend a 2.5% COLA based on market conditions relative to inflation and to remain competitive in the labor market as it relates to other public agencies. The COLA would be effective September 1, 2023 and paid on the September 15, 2023 pay warrant.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.

FISCAL IMPACT
The 2.5% COLA increase was included in the budget and is estimated to cost $53,000.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2662, Exhibit A -Salary Classification Schedule 19 Section 8 D.

RESOLUTION NO. 2662

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AN AMENDMENT TO THE CITY’S SALARY CLASSIFICATION

SCHEDULE
WHEREAS, modification of the City’s Salary Classification Schedule requires authorization by the City Council; and
WHEREAS, the new salary classification schedule is hereto attached as Exhibit A; and WHEREAS, modifications to the salary classification schedule must be done by City Council Resolution.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler amend the salary classification schedule to reflect a 2.5% cost of living increase as shown in Exhibit A.

PASSED, APPROVED AND ADOPTED this 1st day of August 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
20 Section 8 D.

Effective 09/01/2023 Rev 08/01/2023

MONTHLY PAY

FULL TIME STEP STEP STEP STEP STEP

POSITION/CLASSIFICATION TITLE A B C D E
CITY MANAGER (by contract) - - - - 16,527
ASSISTANT CITY MANAGER 9,945 10,443 10,964 11,513 12,088 CITY CLERK 5,921 6,218 6,528 6,854 7,198
DEPUTY CITY CLERK/HUMAN RESOURCE OFFICER 5,364 5,632 5,914 6,209 6,520 ACCOUNTANT 4,513 4,739 4,975 5,224 5,485
ACCOUNTING ASSISTANT 3,356 3,523 3,699 3,885 4,078
ACCOUNTING TECHNICIAN 3,703 3,889 4,084 4,288 4,502
ADMINISTRATIVE ASSISTANT 3,703 3,889 4,084 4,288 4,502
BUILDING INSPECTOR I 3,703 3,889 4,084 4,288 4,502
BUILDING INSPECTOR II 4,296 4,510 4,736 4,972 5,221
BUILDING OFFICIAL 5,777 6,066 6,368 6,687 7,021
CODE ENFORCEMENT OFFICER I 3,194 3,354 3,521 3,697 3,882 CODE ENFORCEMENT OFFICER II 3,703 3,889 4,084 4,288 4,502 PLANNING & CODE ENFORCEMENT TECHNICIAN I 3,613 3,795 3,984 4,183 4,392 COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR 8,162 8,570 8,998 9,448 9,921 FINANCE DIRECTOR 8,790 9,229 9,690 10,175 10,685
FIRE CHIEF 8,575 9,005 9,455 9,927 10,423
MAINTENANCE ASSISTANT 3,040 3,192 3,352 3,519 3,695
MAINTENANCE WORKER 3,525 3,701 3,887 4,081 4,286
SENIOR MAINTENANCE WORKER 3,891 4,086 4,291 4,505 4,730 LEAD MAINTENANCE WORKER 5,106 5,361 5,629 5,910 6,206
PERMIT TECHNICIAN 3,613 3,795 3,984 4,183 4,392
POLICE CHIEF (by contract) - - - - 12,300
POLICE CORPORAL 5,498 5,773 6,062 6,365 6,683
POLICE LIEUTENANT 7,039 7,390 7,759 8,148 8,555
POLICE OFFICER 4,742 4,978 5,228 5,489 5,763
POLICE OFFICER + 2% POST 4,837 5,078 5,332 5,599 5,877
POLICE OFFICER + 5% POST 4,978 5,228 5,489 5,764 6,051
POLICE SERGEANT 6,069 6,372 6,691 7,025 7,377
POLICE SERGEANT + 2% POST 6,190 6,500 6,825 7,166 7,525 POLICE SERGEANT + 5% POST 6,372 6,691 7,025 7,377 7,746 PUBLIC WORKS DIRECTOR 8,162 8,570 8,998 9,448 9,921
PUBLIC WORKS SUPERVISOR 5,777 6,066 6,368 6,687 7,021
RECORDS AND PROPERTY TECHNICIAN I 2,965 3,114 3,270 3,433 3,605 RECORDS AND PROPERTY TECHNICIAN II 3,439 3,611 3,791 3,981 4,181 COMMUNITY SERVICES OFFICER 3,439 3,611 3,791 3,981 4,181 RECREATION AND SENIOR CENTER SUPERVISOR 5,234 5,495 5,770 6,059 6,361 WATER OPERATOR IN TRAINING 2,965 3,114 3,270 3,433 3,605 WATER OPERATOR I 3,439 3,611 3,791 3,981 4,181
WATER OPERATOR II 3,797 3,986 4,185 4,395 4,615
LEAD WATER OPERATOR 5,364 5,632 5,914 6,209 6,520

SALARY CLASSIFICATIONS & CORRESPONDING STEPS PER POSITION FISCAL YEAR 2023‐2024
21 Section 8 D.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: ANTHONY ARANDA, Public Works Supervisor
SUBJECT: APPROVE the disposal of the Ford F-350 Dump Truck within the Public Works Department

EXECUTIVE SUMMARY
The Public Works Department’s Ford F-350 Dump Truck is not in working order and the estimated cost to repair is more than the value of the dump truck. Staff recommend retiring the vehicle from City service.

BACKGROUND
The City’s Fixed Asset Acquisition and Accounting Policy requires City Council action to declare equipment surplus before it can be sold. Staff anticipate the dump truck to be valued at approximately $6,000. Staff plan to sell the dump truck through a public sale or other appropriate means. Once sold, staff will follow California Department of Motor Vehicles protocol to remove the City of Fowler as the registered owner and remove dump truck from the City’s insurance policy.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
Fleet management is addressed in the following General Plan goal, policy, and action item.

Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.

POLICY CH-32
Purchase City vehicles and equipment with low noise generation. Maintain City vehicles to minimize noise.
22 Section 8 E.

Action item CH-32a
Consider City vehicles and equipment as part of the Capital Improvement Program (CIP) process.

FISCAL IMPACT
Any revenue generated from the sale of the dump truck will be included in an upcoming budget amendment to appropriate the funds. There is no appropriation or expenditure of funds needed to sell the dump truck.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interests
Attachments
- None
23 Section 8 E.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a Professional Services Agreement with CSG Consultants, Inc. in the amount of $49,000 for on-call plan check and inspection services through June 30, 2024

EXECUTIVE SUMMARY
CSG Consultants, Inc. provides on-call plan check and inspection services for the Community & Economic Development Department. This contract is utilized on an on-call basis based on volume of permit activity.

BACKGROUND
On-call plan check services are utilized intermittently based on the size of a plan check project, complexity of the review involved, certifications necessary to conduct the plan check, and staff time required to complete the plan check in a timely manner. On-call plan check services are utilized once a project is submitted by a developer, and all on-call plan check expenses are fully offset by the City’s plan check fees.

Pursuant to the procurement policy, since the City’s total ongoing relationship across fiscal years exceeds the City Manager’s $49,000 purchasing authority, staff are bringing forward an agreement for City Council consideration.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
Goal LU-1
Growth occurs logically and efficiently.
24 Section 8 F.

Goal ED-4
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.

FISCAL IMPACT
The cost of on-call plan check and inspection services are fully offset by plan check and inspection fees paid by developers.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement & Exhibits
25 Section 8 F.
021023tg 1

CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and CSG Consultants, Inc. ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on August 1, 2023 ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to provide on-call plan check and inspection services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on June 30, 2024, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement on a time and materials basis. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed Forty-Nine Thousand Dollars ($49,000.00).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement 26 Section 8 F.
021023tg 2
and is hereby retained to perform work that is outside the usual course of City’s business. Vendor is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Vendor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed 27 Section 8 F.
021023tg 3
by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Vendor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Vendor or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a 28 Section 8 F.
021023tg 4
business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County. 29 Section 8 F.
021023tg 5

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Vendor have executed this Agreement on the date(s) set forth below.

CSG CONSULTANTS, INC. CITY OF FOWLER
__________________________
Cyrus Kianpour Wilma Tucker
President City Manager
Date: Date:
550 Pilgrim Drive 128 South 5th Street
Foster City, CA 94404 Fowler, CA 93625
30 Section 8 F.
021023tg 6

EXHIBIT A

SCOPE OF SERVICES
31 Section 8 F.

June 22, 2023
Thomas W. Gaffery IV
Community Development Director
City of Fowler
128 S. 5th Street
Fowler, CA 93625
550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
Re: CSG’s FY 22-23 Compensation Schedule
CSG Consultants appreciates the opportunity to provide services to the City of Fowler since 2021 and it is our goal to continue our long partnership with the City.

The current rates were effective as of July 2022. CSG is granted an annual rate increase based on change in CPI for the applicable region data. We have adjusted your rates for FY 23-24. The new rates schedule is attached to this letter as Exhibit A. We have also included your current rates in this same Exhibit A.

We value our continued relationship. Should you have any questions, please feel free to contact Jeff Janes via phone at (559) 819-8725 X 2256 or by email [email protected].

Sincerely,
Cyrus Kianpour PE, PLS
President
cc: Jeff Janes, Regional Operations Manager, CSG Consultants, Inc.

Accounting – CSG Consultants, Inc.

EXHIBIT A
City of Fowler
Building Services - Fee Amendment
Effective July 1, 2023
CSG's hourly rates for contract coming year are provided in the table below. These rates are for FY 23-24 and hourly rates are 4.5% increase from previousrates.

CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previousmonth.

Review Type / Role All Inclusive Fee
Full Plan Review 75% of City’s Building Plan Check Fees Structural Plan Review 50% of City’s Building Plan Check Fees Expedited Plan Review 95% of City’s Building Plan Check Fees Review Type / Role Current
Hourly Rates
FY 23-24
Hourly Rates
Plan Review Engineer $137 $143
Plan Review Examiner $121 $126
Building Official $168 $176
CASp Consultation $142 $148
Combination Building Inspector $95 $99
Certified Permit Technician $74 $77
Fire Plan Review and Inspections $121 $126
Fire Marshal $158 $165
Overtime 1.5 X Hourly Rate 1.5 X Hourly Rate
Holidays & Weekends 2.0 X Hourly Rate 2.0 X Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at 1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding.

On July 1 of each year following the contract year, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt ofinvoice. 2 33
Section 8 F.
021023tg 7

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
(v) Professional Liability. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

If Vendor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad 34 Section 8 F.
021023tg 8
as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. (iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Vendor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Vendor to City under this Agreement. 35 Section 8 F.
021023tg 9

EXHIBIT C

CERTIFICATE OF INSURANCE
36 Section 8 F.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE an agreement with Provost and Pritchard Consulting Group for engineering services for the Bikeway to Transit Project in an amount not to exceed $19,050 and authorize the City Manager to negotiate such agreement.

EXECUTIVE SUMMARY
The City was awarded a Measure C Transit Oriented Development grant for the “Bikeway to Transit” project to design and construction high-quality bike facilities on Main Street and other downtown roadways. This contract is for the design of that project.

BACKGROUND
The City solicited, and subsequently extended, an RFQ for design of the Bikeway to Transit project. No responses were received. As a result, the City reached out to Provost & Pritchard to provide a scope of work.

This project provides connectivity from Downtown Fowler and school sites to the FCRTA transit stops. The scope includes a dedicated bike lane on portions of Main Street, shared lane markings on other streets, as well as bike parking and bike repair stations.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.

Goal MOB-2
The circulation system is safe, connected, and well-integrated with public transit and neighboring jurisdictions.
37 Section 8 G.

Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.

FISCAL IMPACT
This work is fully-funded by a Measure C Transit Oriented Development grant.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement & Exhibit A
38 Section 8 G.

CITY OF FOWLER

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Provost & Pritchard Engineering Group, Inc., d.b.a., Provost & Pritchard Consulting Group, a California corporation ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on August 1, 2023 ("Effective Date").

RECITALS
A. City desires to obtain services for engineering services for the Bikeway to Transit Project ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until June 30, 2025 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement on a “time-and-materials” basis according to rate(s) set forth in Exhibit A. The total amount paid by City to Consultant for the Services shall not exceed nineteen thousand fifty dollars ($19,050).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.
39 Section 8 G.
2 5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and professional judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.

7. [Reserved]

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. City agrees that if any of the Work Product are re-used or modified and re-used on another project and Consultant is not retained to provide services in connection with such or re-use, Owner shall indemnify and hold 40 Section 8 G.
3 Consultant harmless from and against any and all losses, liabilities, damages, actions, causes of action, costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred by Consultant and caused by such re-use or modified re-use. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. Nothing herein restricts Consultant from using its standard details and conventions to provide professional services to other clients. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. [Reserved]

14. Conflicts of Interest. Consultant represents that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Consultants. This Agreement and performance of the Services are nonexclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City or Consultant: For Convenience. Either party may, at their discretion, terminate this Agreement for convenience and without cause upon ninety (90) days prior written notice to the other party. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially 41 Section 8 G.
4 performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever. e. Non-Appropriation; Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year. If, during the term of this Agreement, or any renewal term, as applicable, the City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination of the Agreement under this section, the City shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, the City shall have the option to either terminate this Agreement with no liability to the City or offer an amendment to the Consultant to reflect the reduced amount. The City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due 42 Section 8 G.
5 Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. [Reserved]

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement.

Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

34. Licensing. Consultant shall also obtain and maintain a City of Fowler Business License prior to commencing performance of the Services.

35. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the Labor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.
44 Section 8 G.
7 Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

PROVOST & PRITCHARD CITY OF FOWLER

CONSULTING GROUP
Heather Bashian, PE Wilma Tucker
Director of Operations City Manager
Date: Date:

Provost & Pritchard Consulting Group, Inc. City of Fowler 455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
(559) 449-2700 (559) 834-3113
Approved as to Form: Attest:

Scott G. Cross Angela Vasquez
City Attorney City Clerk
Date: Date:
07/26/2023
45 Section 8 G.
8 EXHIBIT A
Scope of Services
46 Section 8 G.
400 E. Main Street, Suite 300
Visalia, CA 93291-6337
Tel: (559) 636-1166
Fax: (559) 636-1177
www.provostandpritchard.com
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Fowler-Bikeway to Transit 23-209\Working Drafts\Bikeway to Transit Project Proposal.docx Engineering  Surveying  Structural  Geostructural  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Sacramento  Sonora  San Luis Obispo  Boise, Idaho

July 11, 2023
Thomas Gaffery
Assistant City Manager
City of Fowler
128 S. 5th Street
Fowler, CA 93625
Subject: Engineering Services for Bikeway to Transit Project, Fowler, California Dear Thomas Gaffery:

Thank you for the opportunity to submit this proposal to provide engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

Project Understanding
It is our understanding that the City of Fowler is proposing bike lane improvements to the following sections of roadway within the city:
 Fresno Street (Between 9th Street and 10th Street)
 Main Street (Adams Avenue and 7th Street)
 1st Street (Between Merced Street and Main Street)
 2nd Street (Between Merced Street and Fresno Street)
 3rd Street (Between Merced Street and Fresno Street)
 4th Street (Between Merced Street and Fresno Street)
 5th Street (Between Adams Ave to Fresno Street)
 7th Street (Between Merced Street Bus Stop and Main Street)  10th Street (Between Merced Street to Fresno Street)
Bike Parking will be provided at bus stops and other key locations as follows:
 Northern Corner of Merced Street and 3rd Street (Panzak Park)  Southern corner of Merced Street and 5th Street
 East and West Corners of Merced Street and 6th Street  Eastern corner of Merced St and 7th Street
 Bus Stop west of the intersection on Merced Street and 7th Street 47 Section 8 G.

Dario Dominguez July 11, 2023
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Job No.: 23-209
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Fowler-Bikeway to Transit 23-209\Working Drafts\Bikeway to Transit Project Proposal.docx  Bus Stop east of the intersection of Fresno Street and 10th Street Lastly, Bike Repair stations will be installed at the following locations:
 Northern Corner of Merced Street and 3rd Street (Panzak Park)  Bus Stop west of the intersection on Merced Street and 7th Street  Bus Stop east of the intersection of Fresno Street and 10th Street Design of striping within the intersections along Merced Street at 5th, 6th, and 7th Street, in addition to the intersection at Merced Street and 7th Street, will be assessed and determined if through striping is needed within these areas.

Scope of Services
Our proposed scope of work for this proposal is segregated into the following phases, as described below.

Phase DD: Design Development
Description of work under this phase.
 Prepare 90% layout of improvements on 24” by 36” sheets with aerial, including limits of work, locations of new bike lanes, bike racks, bike repair stations, and removal of existing striping. Plans will include the following sheets:
a. Cover Sheet and Legend & Abbreviations Sheet
b. Striping sheets – Double Plan View (1”=40’ scale)
c. Detail Sheets – Four Details per Sheer Showing Bike Parking and Bike Repair Stations (1”=5’ scale)
 Prepare preliminary Engineer’s Opinion of Probable Construction Cost (EOPCC)  Submit one electronic set of plans and preliminary EOPCC to the City. Design submittals will be made to the City’s designated project manager who will distribute submittals and coordinate review with City Departments.
 Meeting with City to discuss comments on the plans.

Phase CD: Construction Documents
 Address any changes discussed at 90% Meeting with City  Refine Preliminary Engineer’s Opinion of Probable Construction Cost (EOPCC).  Prepare and submit 100% Technical Specifications.
 Submit one electronic set of plans, Preliminary EOPCC, and Specifications to the City  Meeting with City staff to discuss comments to the plans.  Deliverables:
a. (1) Electronic Copy of PS&E to the City
48 Section 8 G.

Dario Dominguez July 11, 2023
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\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Fowler-Bikeway to Transit 23-209\Working Drafts\Bikeway to Transit Project Proposal.docx b. (3) Hard Copies of PS&E to the City
Optional Phase CON: Bidding and Construction Assistance  Bidding Assistance
a. Attend pre-bid meeting and job walk.
b. Prepare necessary responses to bidder requests for information. c. Prepare Addend and changes to contract documents resulting from bidders’ questions.
d. Prepare bid canvas and make recommendation of lowest responsible, responsive bidder to the City.
 Construction Administration
Professional Fees
Provost & Pritchard Consulting Group will perform the services in these Phases on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. For budgeting purposes, our preliminary estimate is that over the next 3 to 4 months, our fees will be $16,500. These fees will be invoiced monthly as they are accrued.

Reimbursable expenses will be invoiced in additional to professional fees and are included in the estimated ranges above. Per the On-call agreement between Provost & Pritchard Consulting and the City of Fowler all services apart from subconsultant services, will be discounted at 15%. If it appears we will need to exceed the upper range above, we will notify you in writing before we do so and will provide a revised estimate. We will not continue work beyond the initial budget without additional authorization. If authorized, we will perform the services in the Bidding and Construction Assistance Phase outlined in the Scope of Services above for an additional fee not to exceed $2,550.

Proposed Fee – Bikeway to Transit Project
Phase Estimated Fee
Phase DD – Design Development $10,500
Phase CD – Construction Documents $6,000
Total Estimated Fee: $16,500
Optional Phase CON – Bid and Construction
Assistance (Not included in Total)
$2,550
The line items shown above are estimates and are not intended to limit billings for any given Task.

Required task effort may vary up or down from the line-item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.
49 Section 8 G.

Dario Dominguez July 11, 2023
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\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Fowler-Bikeway to Transit 23-209\Working Drafts\Bikeway to Transit Project Proposal.docx Schedule
Once we receive an executed copy of this Proposal and are authorized to proceed, we can prepare the Preliminary Design Plans for initial submittal in approximately 3 weeks. Agency review time is beyond our control. If an additional submittal is required after initial review, we will be prepared to re-submit (period of time) after we receive agency comments.

Proposed Schedule
Week/Date Task
Weeks 1-5 Prepare & Submit 90% PS&E (Phase PD)
Week 6-8 90% PS&E City Review
Week 9 90% PS&E Review Meeting
Weeks 10-13 Prepare & Submit 100% PS&E (Phase DD)
Week 14 Put project out to Bid
Assumptions

1. Our proposal and fee do not provide include a topographic survey for exact locations of existing striping.

2. Improvements will be entirely within existing right-of-way and no additional right-ofway will be required.

Staging plans, traffic control plans, and construction phasing plans are not part of this scope of work. If requested as additional services, City staff will recommend available staging areas and we will illustrate these areas on our plans. It will be the responsibility of the City’s awarded Contractor to define their plans for use of these staging areas.

Additional Services
The following services are not included in this proposal, however these and others can be provided at additional cost, upon request.
 Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures, or requirements after the date of this agreement.
 The cost of restaking, if any staking or record monuments are destroyed, damaged or disturbed by an act of God or parties other than Consultant.  Construction staking. We will provide a proposal to you when the plans are complete, and the construction schedule is determined. This construction staking proposal will be provided at later date so that specific improvements are well defined, and a clearly defined scope and fee can be provided.
 Clarifications, adjustments, modifications, and other changes due to field and other conditions that change by the time project construction occurs.  The costs of all checking and inspection fees, zoning and annexation application fees, assessment fees, soils or geotechnical engineering fees, soils or geotechnical testing 50 Section 8 G.

Dario Dominguez July 11, 2023
Bikeway to Transit Project Page 5 of 5
Job No.: 23-209
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Fowler-Bikeway to Transit 23-209\Working Drafts\Bikeway to Transit Project Proposal.docx fees, aerial topography fees, and all other fees, permits, bond premiums, applicable taxes on professional services, title company charges, blueprints and reproductions, and all other similar charges not specifically covered by the terms of this agreement.  All of the costs of preparation, examination and filing of Record of Survey or Corner Record.
 Extra work caused by delays beyond Consultant’s reasonable control by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove of Consultant’s services or instruments of service promptly, or faulty performance by Client or other contractors or governmental agencies.
 Any extra work performed by Consultant due to changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant.
 Preparation and processing of Indirect Source Rule application with SJVAPCD.

Terms and Conditions
To convey a clear understanding of our mutual responsibilities under this proposal, the executed agreement between the City and Provost & Pritchard fully executed on January 17, 2023 is made a part of this proposal, by reference and all terms and conditions apply. If this proposal is acceptable, please sign below, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Rebekah Brechmann, RCE 95075 Soo Ho Park, RCE 89361
Project Manager Director of Operations
Terms and Conditions Accepted
City of Fowler

Signature Signature

Printed Name Printed Name
Title Date Title Date
Rebekah Brechmann, RCE 95075 Soo Ho Park, RCE 89361
51 Section 8 G.
9 EXHIBIT B
Insurance Requirements
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $2,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 52 Section 8 G.
10 (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 53 Section 8 G.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Resolution 2663 designating the intersection of Curtis and Armstrong Avenues as an all-way stop.

EXECUTIVE SUMMARY
An all-way stop at Curtis and Armstrong Avenues will provide a safe crossing for high volume of pedestrians walking to the Early Education Center and Marshall Elementary School. This will also help vehicles safely turn into the Early Education Center without significant delay.

BACKGROUND
Title 4, Chapter 4 of the Fowler Municipal Code governs through streets, stop intersections, and yield signs and states the Council may designate by resolution any intersection as a stop intersection.

The City Engineer conducted a traffic study at the intersection and has identified existing vehicle and pedestrian conflicts qualifying the intersection for all-way stop control in accordance with the provisions of Section 2B.07.05 of the California Manual on Uniform Traffic Control Devices for Streets and Highways 2014 Edition. Based on the location of the intersection in proximity to the elementary school and early education center, it is the City Engineer’s opinion that an all-way stop is appropriate.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
Pursuant to CEQA Guidelines Section 15061 (b)(3), the proposed all-way stop is exempt from review under the California Environmental Quality Act (CEQA).

GENERAL PLAN CONSISTENCY
This action is consistent with:
54 Section 8 H.

General Plan Policy MOB-4
Support the creation of a transportation network provides for efficient movement of people and goods while accounting for environmental effects.

General Plan Policy MOB-7
Prioritize operational solutions over major structural improvements to existing roadways where feasible.

FISCAL IMPACT
The project will be funded by the street maintenance general fund.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2663
- Technical Memorandum dated July 20, 2023
- Proposed Improvements Exhibit
55 Section 8 H.

RESOLUTION NO. 2663

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER

DESIGNATING THE INTERSECTION OF CURTIS AVENUE AND ARMSTRONG

AVENUE AS AN ALL-WAY STOP
WHEREAS, the intersection of Curtis Avenue and Armstrong Avenue is currently a twoway stop sign; and WHEREAS, in accordance with Section 2B.07.05 of the California Manual on Uniform Traffic Control Devices produced by the California Department of Transportation, City staff has demonstrated a need for an all-way stop at the intersection of Curtis Avenue and Armstrong Avenue for the following reason:

The need to control left-turn conflicts and the need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; WHEREAS, the City has the authority to install stop signs pursuant to Fowler Municipal Code sections 4-4.401 through 4-4.405 and California Vehicle Code sections 21101, 21104, 21351, 21351.5, 21354, 21355, 21362, 21400, and 21401.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:

1. The intersection of Curtis Avenue and Armstrong Avenue is hereby designated an allway stop.

2. The City Clerk shall add said intersection to the Official List of Stop Intersections in accordance with Fowler Municipal Code section 4-4.401.

3. The Public Works Director shall install appropriate street signs and markings.

PASSED, APPROVED AND ADOPTED this 1st day of August 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
56 Section 8 H.
400 E Main St, Ste 300 • Visalia, CA 93291 • (559) 636-1166 www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Eng Svc\City Exhibits\Marshall School Exhibit\2023-0720 Four-way Stop Memorandum.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID

MEMORANDUM
To:

Thomas Gaffery
City of Fowler
From: Matt Hamilton, PE
Subject: Multi-way Stop Control - Armstrong Avenue at Curtis Avenue Date: July 20, 2023
COMMENTS:

City of Fowler and Fowler Unified School District (FUSD) staff have made a request to evaluate converting the intersection of Armstrong Avenue at Curtis Avenue from two-way stop control to multi-way stop control.

Currently, Curtis Avenue / Early Education Center (EEC) drive approach is stop controlled, while Armstrong Avenue traffic flows freely. The proposal under consideration is for both legs of Armstrong Avenue to be stop-controlled, as well. The multi-way stop control is one component of proposed changes to Armstrong to discourage U-turns associated with school drop-offs. Other changes include a no-parking zone on the east side of the roadway and channelizers along the east line of the current two-way left turn lane.

Section 2B.07 of the California Manual on Traffic Control Devices (CA MUTCD)1 discusses the regulations and guidelines associated with the installation of multi-way stop applications. The first general guideline is as follows:
01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal.

As shown in italics above, the primary justifying factor for multi-way control is traffic volumes that are approximately equal between the intersecting roadways. In general, placing stop control on a major street in favor of the minor street decreases the Level of Service (increases the traffic delay) of the intersection as a whole. Traffic counts have not recently been conducted, but it is unlikely that the volumes would be equivalent between Armstrong and Curtis Avenues, even during school hours. Another justifying factor is an accident history that a multi-way could prevent, but that also does not apply at this intersection. However, the CA MUTCD does allow for engineering judgement to be applied based on other criteria. 03 The decision to install multi-way stop control should be based on an engineering study. 05 Other criteria that may be considered in an engineering study include:

A. The need to control left-turn conflicts;
1 CA MUTCD 2014, Revision 7, effective March 10,2023.
57 Section 8 H.

City of Fowler July 20, 2023
Multi-way Stop Control - Armstrong Avenue at Curtis Avenue Page 2 of 2 Job No.: 2619-23100
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Eng Svc\City Exhibits\Marshall School Exhibit\2023-0720 Four-way Stop Memorandum.docx B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes;
Based on feedback from FUSD staff, the intersection experiences a high volume of left turns from Armstrong Avenue and the EEC drive approach. In addition, high pedestrian volumes are anticipated from school children and parents crossing Armstrong Avenue from the residential developments to the east. The installation of a multi-way stop will be further supported once the planned crosswalk and associated ramps are constructed across the south leg.

While volumes and accident data do not meet the thresholds to quantitatively warrant the installation of the multi-way stop control, the anticipated left-turn and pedestrian volume provide the justification for its installation. Based on this, it is my opinion that a multi-way stop control at the intersection is an appropriate intersection control.
58 Section 8 H.
59 Section 8 H.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: Actions Pertaining to the reconstruction of Manning Avenue i) APPROVE an agreement with Dave Christian Construction Company, Inc. in the amount of $838,973 for the Manning Avenue Rehabilitation Project. ii) APPROVE Resolution No. 2665 a budget amendment for Fiscal Year 2023-2024 allocating $42,285 from the Measure C funds as a local match.

EXECUTIVE SUMMARY
Staff recommend the City Council award the STPL 5173 (036) Manning Avenue Rehabilitation Project and authorize staff to enter into an agreement with Dave Christian Construction Company, Inc. to construct the project in the amount of $838,973.00. The project includes an overlay of Manning Avenue from SR 99 Northbound ramps to Golden State and a grind and overlay of Manning Avenue east of the Union Pacific Railroad to the City Limits.

BACKGROUND
On July 12, 2023, the City received five responsive bids for the STPL 5173 (036) Manning Avenue Rehabilitation Project. The project proposes the installation of new median curb and asphalt concrete pavement and striping and signage. The bids received ranged from $838,973 to $906,825. The Engineer’s Estimate for the project was $759,010.

Dave Christian Construction Company, Inc. is based in Fresno, California and has a current and active Class A, General Engineering license in the State of California.

Attached is the summary of the five responsive bids received.

This project has $796,388 in federal funds for construction. Staff recommends the difference of $42,585 to be paid for as a local match using available Measure C funds.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
Caltrans prepared a NEPA determination and found that the project was categorically exempt in accordance with 23 CFR 771.117 (c): activity c (26). 60 Section 8 I.

APPROVE Manning Avenue Rehabilitation Project and APPROVE budget amendment allocating Measure C funds
August 1, 2023

Page 2 ends

For CEQA, the Notice of Exemption document has been posted to the State Clearinghouse.

This project is exempt under Categorical Exemption Class: 3; 14 CCR 15303.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians cyclists, motorists, and people of all ages and abilities.

General Plan Goal MOB-4
The circulation system is adequately maintained.

FISCAL IMPACT
$796,388 of the construction cost is federally funded through the Surface Transportation Block Grant (STBG) funds. The remaining balance of $42,585 will be paid for with Measure C funds as a local match.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Bid Summary
- Agreement
- Resolution 2665 (Budget Amendment)
61 Section 8 I.

Bid Schedule 1
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization ($25,000, Maximum) $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 2 1 LS Traffic Control $80,000.00 $80,000.00 $50,000.00 $50,000.00 $31,000.00 $31,000.00 $80,000.00 $80,000.00 3 1 LS Dust Control $10,000.00 $10,000.00 $15,000.00 $15,000.00 $100.00 $100.00 $7,000.00 $7,000.00 4 1 LS Demolition, Clearing and Grubbing $15,000.00 $15,000.00 $24,000.00 $24,000.00 $37,000.00 $37,000.00 $15,000.00 $15,000.00 5 1 LS Stormwater Pollution Prevention Plans $2,500.00 $2,500.00 $3,500.00 $3,500.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 6 3,750 TN Hot Mix Asphalt Concrete $105.00 $393,750.00 $125.00 $468,750.00 $130.00 $487,500.00 $128.00 $480,000.00 7 9,560 SY Grind & Remove Existing Asphalt Concrete $6.00 $57,360.00 $7.00 $66,920.00 $10.00 $95,600.00 $8.00 $76,480.00 8 305 LF HMA Dike Type 'A' $15.00 $4,575.00 $50.00 $15,250.00 $20.00 $6,100.00 $24.00 $7,320.00 9 365 LF Concrete Median Curb $33.00 $12,045.00 $35.00 $12,775.00 $28.00 $10,220.00 $31.00 $11,315.00 10 1,280 SF Concrete Median Cap $8.00 $10,240.00 $12.50 $16,000.00 $12.00 $15,360.00 $21.00 $26,880.00 11 10 EA Adjust Valve Frames and Covers to Grade $1,500.00 $15,000.00 $1,100.00 $11,000.00 $1,200.00 $12,000.00 $1,200.00 $12,000.00 12 2 EA Reset Monuments and Adjust Frame and Cover to
Grade $1,500.00 $3,000.00 $5,500.00 $11,000.00 $1,300.00 $2,600.00 $4,500.00 $9,000.00 13 18,680 EA Pavement Fabric $3.00 $56,040.00 $3.35 $62,578.00 $3.00 $56,040.00 $3.50 $65,380.00 14 1 EA Pedestrian Barricade $2,000.00 $2,000.00 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 15 30 EA Furnish & Install Traffic Signal Loop Dectectors $1,500.00 $45,000.00 $720.00 $21,600.00 $700.00 $21,000.00 $750.00 $22,500.00 16 1 LS Traffic Striping, Pavement Markers & Markings $15,000.00 $15,000.00 $21,000.00 $21,000.00 $18,000.00 $18,000.00 $21,000.00 $21,000.00 17 1 LS Miscellaneous Facilities and operations $5,000.00 $5,000.00 $5,000.00 $5,000.00 $21,000.00 $21,000.00 $15,700.00 $15,700.00 18 1 LS Caltrans Encroachmnet Permit $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 19 1 LS Fresno County Encroachment Permit $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 TOTAL BASE BID $759,010.00 $838,973.00 $849,020.00 $889,075.00 Bid Schedule 1
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization ($25,000, Maximum) $25,000.00 $25,000.00 $25,000.00 $25,000.00 2 1 LS Traffic Control $148,000.00 $148,000.00 $50,000.00 $50,000.00 3 1 LS Dust Control $500.00 $500.00 $5,000.00 $5,000.00 4 1 LS Demolition, Clearing and Grubbing $43,000.00 $43,000.00 $20,000.00 $20,000.00 5 1 LS Stormwater Pollution Prevention Plans $950.00 $950.00 $1,000.00 $1,000.00 6 3,750 TN Hot Mix Asphalt Concrete $135.00 $506,250.00 $140.00 $525,000.00 7 9,560 SY Grind & Remove Existing Asphalt Concrete $3.00 $28,680.00 $12.00 $114,720.00 8 305 LF HMA Dike Type 'A' $3.00 $915.00 $25.00 $7,625.00 9 365 LF Concrete Median Curb $20.00 $7,300.00 $44.00 $16,060.00 10 1,280 SF Concrete Median Cap $7.50 $9,600.00 $14.00 $17,920.00 11 10 EA Adjust Valve Frames and Covers to Grade $1,600.00 $16,000.00 $1,800.00 $18,000.00 12 2 EA Reset Monuments and Adjust Frame and Cover to
Grade $1,600.00 $3,200.00 $1,500.00 $3,000.00
13 18,680 EA Pavement Fabric $3.00 $56,040.00 $2.50 $46,700.00 14 1 EA Pedestrian Barricade $2,600.00 $2,600.00 $2,000.00 $2,000.00 15 30 EA Furnish & Install Traffic Signal Loop Dectectors $685.00 $20,550.00 $685.00 $20,550.00 16 1 LS Traffic Striping, Pavement Markers & Markings $13,500.00 $13,500.00 $18,250.00 $18,250.00 17 1 LS Miscellaneous Facilities and operations $4,600.00 $4,600.00 $8,500.00 $8,500.00 18 1 LS Caltrans Encroachmnet Permit $4,500.00 $4,500.00 $4,500.00 $4,500.00 19 1 LS Fresno County Encroachment Permit $3,000.00 $3,000.00 $3,000.00 $3,000.00 TOTAL BASE BID $894,185.00 $906,825.00
Cal Valley Construction
#5
Avison Construction
#4
BID SUMMARY - 07/11/2023
CITY OF FOWLER - Manning Avenue Reconstruction
#1 #2
Engineer's Estimate Dave Christian Construction Terra West Constuction Emmett's Excavation #3
62 Section 8 I.

AGREEMENT
THIS AGREEMENT made at Fowler, in Fresno County, California, by and between DAVE CHRISTIAN CONSTRUCTION, INC. hereinafter called the Contractor, and the City of Fowler hereinafter called the Owner.

WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:

ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for:

MANNING AVENUE RECONSTRUCTION
STPL 5173 (036)
all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and other contract documents relating thereto.

ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement including Appendix A (wage rates) and Appendix B (Form 1273), form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated.

All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth. No part of said Special Provisions which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.

ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of Eight Hundred Thirty Eight Thousand Nine Hundred Seventy Three ($838,973) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made as set forth in the Special Provisions.

ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate.

In the event of any such termination, the Owner shall immediately serve written notice thereof 63 Section 8 I.
upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.

The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.

ARTICLE V. With respect to any work required to be done under this contract, the Contractor will indemnify and hold harmless the City of Fowler, Peters Engineering Group, the UNITED STATES OF AMERICA and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes of action, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, his subcontractor or anyone directly or indirectly employed by him; and the Contractor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any such suit, action or other legal proceedings.

The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as follows:
a. Bodily Injury Liability $1,000,000 $1,000,000
Each person Each
occurrence
Property Damage Liability $1,000,000 $1,000,000
Each person Aggregate
b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:
$1,000,000, Each occurrence, $1,000,000, Aggregate
Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain the so-called "x", "c" or "u" exclusions.

The Certificate of Insurance shall further provide that ten days notice of cancellation or reduction in coverage shall be given the Owner.
64 Section 8 I.

An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and employees of the above, shall also be furnished in triplicate.

ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure shall be provided the Owner.

ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law.

The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.

ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful
ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be documented and processed on the standard change order form.

IN WITNESS WHEREOF, they have executed this Agreement this day of _____________________, 20____.

City of Fowler
(Owner) (Contractor)
By:

Wilma Tucker, City Manager (Taxpayer Federal I.D. No.)
ATTEST:

By:

Angela Vasquez, City Clerk
Title
65 Section 8 I.

RESOLUTION NO. 2665

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR IMPROVEMENTS IN THE MEAS C FUNDS FOR FISCAL YEAR 2023/2024
WHEREAS, the FY 2023/2024 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2023/2024 Annual Budget was approved by the City Council on June 06, 2023 by Resolution 2645, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto specifies the details of the proposed professional auditing services budget amendment.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2023/2024 budget be amended to reflect local match Measure C funds appropriations as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 1st day of August 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
66 Section 8 I.

Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:

Fund Balance

230 $42,585
Appropriations:
230-2300-5710 IMPROVEMENTS-MEAS C FUNDS $42,585
Reason(s) for Budget Amendment:

To align the expenses and revenues to the 2023/2024 budget, staff is requesting budget amendments to the following funds:
 To appropriate additional funding for the local match for the Manning Reconstruction improvements in the Meas C fund.

Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution No. 2665
67 Section 8 I.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 1, 2023
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Resolution No 2664, a Resolution Confirming the Diagram and Assessment of the Annual Levy for Fiscal Year 2023-24 for Landscaping and Storm Drainage Facilities Maintenance District No. 1.

EXECUTIVE SUMMARY
Staff recommends that City Council approve the subject resolution which confirms the diagram and assessment of the annual levy for Fiscal year 2023-24 for Landscaping and Storm Drainage Facilities Maintenance District No. 1. The annual assessments remain unchanged from the previous year.

BACKGROUND
The City provides for the operations and maintenance of landscaping and storm drainage facilities within various improved developments throughout the City of Fowler. Landscaping and Storm Drainage Facilities Maintenance District No. 1 (“District”), which was formed pursuant to the Landscaping and Lighting Act of 1972, collects an annual assessment on parcels within these developed areas to fund these maintenance and operations activities. The City Council must annually approve the Engineer’s Report, which describes the improvements to be maintained and the costs and proposed assessments. The City Council must also approve the levy of the assessment annually after conducting a public hearing.

On July 18, 2023, the City Council approved the Engineer's Report for the District and approved Resolution No. 2658, declaring the City’s intention to collect the annual levy which set the public hearing for August 1, 2023, and authorized proceedings for the annual levy and collection of assessments.

Staff recommends that the City Council approve the Engineer’s Report, and a resolution confirming the diagram and approving the levy of annual assessments for the District for fiscal year 2023-24, and directing the City Clerk to file the Resolution with the confirmed assessment and diagram with the Fresno County Auditor-Controller.

PUBLIC NOTICE
A Notice of Public Hearing was published in Fresno Bee on July 21, 2023, which is at least ten (10) days prior to the public hearing.
68 Section 10(Public Works), A.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.

General Plan Policy PF-1
Require private and public land developments to provide all on-site and off-site facility improvements or pay in-lieu fees necessary to mitigate any development-generated public facility impacts.

General Plan Policy PF-3
Ensure that land divisions and developments are approved only when a project’s improvements, dedications, and fees fully cover incremental costs to the City and other agencies. Such improvements and infrastructure include parks, major streets, traffic signals, streetlights, drainage systems, sewer, water, fire, police, schools, and other related facilities.

General Plan Policy PF-4
Regularly evaluate and update, as necessary, development impact fees and other applicable City fees.

FISCAL IMPACT
The annual assessments remain unchanged from the previous year.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No 2664 (Confirming Diagram and Assessment of Annual Levy) - Resolution No 2664 Exhibit 1
- Fowler LSDFMD No. 1 – Engineer’s Report – Annual Assessment (2023-24) 69 Section 10(Public Works), A.

RESOLUTION NO. 2664

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER,

CALIFORNIA CONFIRMING DIAGRAM AND ASSESSMENT FOR THE ANNUAL LEVY FOR FISCAL YEAR 2023-24, LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCE DISTRICT NO. 1
WHEREAS, on June 20, 2023, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, the City Council of the City of Fowler did adopt Resolution No. 2651, initiating proceedings for the levy of the annual assessments for Landscaping and Storm Drainage Facilities Maintenance District No. 1 of the City of Fowler (“LSDFMD No. 1”) for fiscal year 2023-24, and ordering the City Engineer to prepare and file a report in accordance with Streets and Highways Code section 22622; and WHEREAS, the Council did thereafter approve the Engineer’s Report on file with the City Clerk and declared its intention to levy for LSDFMD No. 1 for fiscal year 2023-24 by adopting Resolution No. 2658; and which set a public hearing for August 1, 2023 to allow for interested persons to be heard regarding the annual levy and collection of the proposed assessments; and WHEREAS, the Council approved the City’s intent to levy and collect the annual assessment for LSDFMD No. 1 for fiscal year 2023-24 by adopting Resolution No. 2659 which set a public hearing for August 1, 2023 to allow for interested persons to be heard regarding the annual levy and collection of the proposed assessments; and WHEREAS, the Engineer’s Report for fiscal year 2023-24 indicates that there were no increases in the annual assessment from the previous year; and WHEREAS, on July 21, 2023, in accordance with Streets and Highways Code sections 22626, 22552, and 22553, the City Clerk published a copy of Resolution No. 2659 in a newspaper of general circulation, providing notice of the public hearing.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

1. The Council hereby determines that the territory within the LSDFMD No. 1, whose boundaries are set forth in the Engineer's Report dated July 2023, on file with the City Clerk, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer's Report.

2. The assessments are in compliance with Part 2 of Division 15 of the Streets and Highways Code and are levied without regarding to property valuation. The City Council directs the placement for the assessments on the tax roll for collection.

3. The public hearing on said annual levy of assessment was held in accordance with Streets and Highways Code section 22629, and all persons filing protests or requesting to speak and who appeared were heard. A majority protest was not filed.

4. The Engineer's Report, the diagram for the assessment district, and the assessment of the estimated costs of the improvements contained therein, and each and every part of said Engineer’s Report, as amended is adopted, confirmed, and approved; the assessment of the 70 Section 10(Public Works), A.
total amount of the costs and the individual assessments thereof upon the several subdivisions of land in said LSDFMD No. 1 in proportion to the benefits to be received by said subdivisions, respectively, from said improvements, and of the expenses incidental thereto.

5. The City Council hereby orders the levy of the assessments described in Exhibit B of the Engineer’s Report.

6. The assessment diagram showing the assessment district referred to in said Resolution of Intention and also the subdivisions of land within the LSDFMD No. 1, as contained in Exhibit C of the Engineer's Report, are hereby approved and confirmed as to the diagram of the properties to be assessed to pay the costs of the improvements.

7. The City Clerk shall promptly file the diagram and assessment, attached hereto as Exhibit 1, as confirmed, or a certified copy thereof, with the Fresno County Auditor-Controller, in accordance with Streets and Highways Code section 22641.

PASSED, APPROVED AND ADOPTED this 1st day of August 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
71 Section 10(Public Works), A.

EXHIBIT 1

THE ASSESSMENT AND DIAGRAM FOR OF THE CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 FOR 2023-2024
72 Section 10(Public Works), A.

Exhibit B
Assessment Roll of City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 County of Fresno, State of California
73 Section 10(Public Works), A.

City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
1 3997 343-291-01 $26.50 ALVAREZ JOE M / ALVAREZ MARY L 2 2 3997 343-291-02 $26.50 BUGARIN ROBERT / BUGARIN CARMEN 2 3 3997 343-291-03 $26.50 GILL HARBHAJAN S / GILL HARBHAJAN K 2 4 3997 343-291-04 $26.50 GONZALEZ MARTIN 1
5 3997 343-291-05 $26.50 REYNA MIKE P 1
6 3997 343-291-06 $26.50 MENDOZA EMMA / MENDOZA LOUIS 2 7 3997 343-291-07 $26.50 GILL CHANCHAL S / GILL GURMIT K 2 8 3997 343-291-08 $26.50 HOOVER RITA J 1
9 3997 343-291-09 $26.50 CURIEL LAURA 1
10 3997 343-291-10 $26.50 CEBALLOS EDIE V 1
11 3997 343-291-11 $26.50 ORTIZ MARY 1
12 3997 343-291-12 $26.50 PEREZ HECTOR / PEREZ KATHERINE 2 13 3997 343-292-01 $26.50 JIMENEZ MITCHELL / JIMENEZ DIANA 2 14 3997 343-292-02 $26.50 QUIZ ALMA G 1
15 3997 343-292-03 $26.50 RODRIGUEZ JOSE S / RODRIGUEZ BRENDA K 2 16 3997 343-292-04 $26.50 SERRANO MARGARITA 1
17 3997 343-292-05 $26.50 WARD ANTHONY E / WARD VIRGINIA 2 18 3997 343-292-06 $26.50 CARRASCO RONALD L / CARRASCO KATHERINE 2 19 3997 343-292-07 $26.50 ESPINOZA ROBERT SOTERO / ESPINOZA YOLANDA 2 20 3997 343-292-08 $26.50 GONZALES JOSE FRANCISCO / GONZALES MARY ELLEN 2 21 3997 343-292-09 $26.50 GAYTAN APOLINAR 1
22 3997 343-292-10 $26.50 PEREZ ABADAEL / PEREZ ROSA 2
23 3997 343-292-11 $26.50 TAMEZ DANIEL 1
24 3997 343-292-12 $26.50 ALMERAZ BENJAMIN / ALMERAZ ESTHER 2 25 3997 343-292-13 $26.50 CHAVERO PROPERTIES LLC 1
26 3997 343-292-14 $26.50 GRIGSBY NATHANIEL 1
27 3997 343-293-01 $26.50 VARELA ARMANDO / VARELA ANGELINA 2 28 3997 343-293-02 $26.50 VARELA ANGELINA 1
29 3997 343-293-03 $26.50 GARCIA JUAN M / GARCIA MARIA C 2 30 3997 343-293-04 $26.50 ARCHULETA IDA M 1
31 3997 343-293-05 $26.50 VILLA JESUS S / VILLA JESSIE ALANIS 2 32 3997 343-293-06 $26.50 RAMIREZ CARLOS 1
33 3997 343-293-07 $26.50 MENDEZ JOSE ANTONIO / MENDEZ MARTHA A 2 34 3997 343-293-08 $26.50 MEJIA MARIA ALIS 1
35 3997 343-293-09 $26.50 PENA IDALIA S 1
36 3997 343-293-10 $26.50 BRISCO SHIRLEY A TRS 1
37 3997 343-293-11 $26.50 PEREZ JOHN M / PEREZ RITA 2
38 3997 343-293-12 $26.50 AGUIRRE GABRIEL A 1
39 3997 343-293-13 $26.50 RAMIREZ JESSICA 1
40 3997 343-293-14 $26.50 LOPEZ ENRIQUE R / LOPEZ PLACENCIA H 2 41 3997 343-294-01 $26.50 MARTINEZ JOSE LUIS MORA / MARTINEZ MARIA L 2 42 3997 343-294-02 $26.50 MARTINEZ RAMON / MARTINEZ MARINA 2 43 3997 343-294-03 $26.50 PRADO JUAN J / PRADO LUCINA 2 Exhibit "B"
74 Section 10(Public Works), A.

City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
44 3997 343-294-04 $26.50 CHAVERO PROPERTIES LLC 1
45 3997 343-294-05 $26.50 DELGADO BEATRICE 1
46 3997 343-294-06 $26.50 CORONADO, MARCO ANTONIO TORR / DE LEON, YOHANA

ELIZABETH
2 47 3997 343-294-07 $26.50 MILLER BETTE J 1
48 3997 343-294-08 $26.50 MEDINA DALIA RAMIREZ 1
49 3997 343-294-09 $26.50 SANCHEZ PEDRO / SANCHEZ VIVIAN 2 50 3997 343-294-10 $26.50 GRIGSBY GLENDA 1
51 3997 343-294-11 $26.50 PANDHER HARPREET SINGH 1
52 3997 343-294-12 $26.50 LOPEZ MARGARITA / DIAZ ERIKA SYLVIA / DIAZ MICHAEL 3 53 3997 343-294-13 $26.50 SANTILLAN-RUIZ REVOCABLE LIVING TRUST/ SANTILLIAN RAYMOND / RUIZ GRACIELA 3
54 3997 343-294-14 $26.50 QUINTERO MARIA E / QUINTERO ESEQUIEL 2 55 3997 343-294-15 $26.50 CHAVERO PROPERTIES LLC 1
56 3997 343-294-16 $26.50 SANGHA AMARDEEP KAUR 1
57 3997 343-294-17 $26.50 VARGAS J BENITO / VARGAS GLORIA 2 58 3997 343-294-18 $26.50 BONILLA ANGEL / BONILLA TERESA 2 59 3997 343-294-19 $26.50 ESPINOZA ROBERT S / ESPINOZA YOLANDA 2 60 4055 343-300-01 $26.50 CHAVERO PROPERTIES LLC 1
61 4055 343-300-02 $26.50 CENTENO NESTOR J / CENTENO MANUELA 2 62 4055 343-300-03 $26.50 GONZALEZ DAGOBERTO / GONZALEZ ROSA M 2 63 4055 343-300-04 $26.50 GARCIA SERGIO 1
64 4055 343-300-05 $26.50 AYALA ARTURO / AYALA ANGELA M 2 65 4055 343-300-06 $26.50 RESENDEZ PABLO / RESENDEZ MARTHA 2 66 4055 343-300-07 $26.50 RODRIGUEZ MARIA G 1
67 4055 343-300-08 $26.50 MENDEZ MARTHA ALICIA 1
68 4055 343-300-09 $26.50 LOPEZ JOSE M / LOPEZ ELIVIER 2 69 4055 343-300-10 $26.50 GRAVANCE BRIANA 1
70 4055 343-300-70 $26.50 ESPINOZA FELICIA 1
71 4055 343-300-12 $26.50 KAUR RUPINDER / SINGH BARINDER 2 72 4055 343-300-13 $26.50 RAMIREZ LUZ ELENA 1
73 4055 343-300-14 $26.50 TAJ MOHAMMED / TAJ MARYAM 2
74 4055 343-300-15 $26.50 ABUNDIS EDUARDO / BERDUGO MELISSA 2 75 4055 343-300-16 $26.50 MANCILLAS ESTEBAN / MANCILLAS LAURENCIA 2 76 4055 343-300-17 $26.50 LUZ SANTOS IGNACIO / LUZ MARIA DE LA 2 77 4055 343-300-18 $26.50 OLVERA THERESA 1
78 4055 343-300-19 $26.50 REYNA FELIX C / REYNA LORENZA C 2 79 4055 343-300-20 $26.50 JIMENEZ MANUEL / JIMENEZ EUTIQUIA 2 80 4055 343-300-21 $26.50 ESCALANTE BERNARDINO MENDEZ / DE ESCALANTE

BERTHA A ZAVALA
2 81 4055 343-300-22 $26.50 JIMENEZ ALEJANDRO 1
82 4055 343-300-23 $26.50 LARA AMELIA G 1
Exhibit "B"
75 Section 10(Public Works), A.

City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
83 4055 343-300-24 $26.50 MARIA LEDEZMA, LIVING TRUST / LEDEZMA MARIA 2 84 4055 343-300-25 $26.50 PONCE RENE CEJA 1
85 4055 343-300-26 $26.50 CAMACHO JUAN F / CAMACHO RACHEL L 2 86 4055 343-300-27 $26.50 SANDOVAL HERIBERTO / SANDOVAL NINFA 2 87 4055 343-300-28 $26.50 DE CHAVERO IGNACIO / DE CATALINA RIVAS 2 88 4055 343-300-29 $26.50 CHAVERO PROPERTIES LLC 1
89 4055 343-300-30 $26.50 SUMAYA MICHELLE 1
90 4055 343-300-31 $26.50 CORTEZ MIGUEL P / CORTEZ ADELAIDA G 2 91 4055 343-300-32 $26.50 HERRERA SIMON / HERRERA GUADALUPE 2 92 4055 343-300-33 $26.50 GARCIA FRANCISCO TRS 1
93 4055 343-300-34 $26.50 CHAVERO PROPERTIES LLC 1
94 4055 343-300-35 $26.50 RODRIGUEZ ARMANDO 1
95 4055 343-300-36 $26.50 TORREZ ARMANDO 1
96 4055 343-300-37 $26.50 PEREZ JOAQUIN A / PEREZ ELIDIA 2 97 4055 343-300-38 $26.50 CHAVERO GUILLERMO / CHAVERO SOCORRO R 2 98 4055 343-300-39 $26.50 BOJORQUEZ IRREVOCABLE TRUST / GOLDMAN STEPHANIE BOJORQUEZ / BOJORQUEZ BRANDON E 3
99 4055 343-300-40 $26.50 SANCHEZ EMELIA / SANCHEZ JUAN CARLOS 2 100 4055 343-300-41 $26.50 RICO ACENCION / RICO YOLANDA 2 101 4055 343-300-42 $26.50 ANDRADE MARTIN V / ANDRADE DIANE 2 102 4055 343-300-43 $26.50 HERNANDEZ EFREN S / HERNANDEZ LUCINA C 2 103 4055 343-300-44 $26.50 JIMENEZ MIGUEL A / JIMENEZ GUADALUPE C 2 104 4128 343-280-31 $45.50 SIMONIAN BRENT T 1
105 4128 343-280-32 $45.50 CAUDLE DWIGHT DOUGLAS & TERESA J TRS 2 106 4128 343-280-33 $45.50 WILLIAMS BRADLEY C / WIILLIAMS MARTINA G 2 107 4128 343-280-34 $45.50 SCHMALL FLOYD 1
108 4128 343-280-35 $45.50 WRIGHT AYAKO / HUNTER HUMIYO D 2 109 4128 343-280-36 $45.50 KANG SATINDER K / NAGRA KLRANDEEP S 2 110 4128 343-280-37 $45.50 BERGTHOLD CHRISTOPHER J 1
111 4128 343-280-38 $45.50 MCCOLM JENNIFER V MILLER 1
112 4128 343-280-39 $45.50 GUTIERREZ PETER L TRUST 1
113 4128 343-280-40 $45.50 RUIZ JOSE LUIS 1
114 4128 343-280-41 $45.50 ZADOURIAN JACK / ZADOURIAN ASTINE 2 115 4128 343-280-42 $45.50 ARMSTRONG KEN / ARMSTRONG VICTORIA 2 116 4128 343-280-43 $45.50 CARDENAS RUDOLFO 1
117 4128 343-280-44 $45.50 PHILLIPS RONALD P / PHILLIPS ANGELA E 2 118 4128 343-280-45 $45.50 RODRIQUEZ VINCENT P 1
119 4128 343-280-46 $45.50 YOUNG MARIAN J 1
120 4128 343-280-47 $45.50 GRANADOS FLORENTINO O 1
121 4128 343-280-48 $45.50 MORENO STEPHANIE L 1
122 4128 343-280-49 $45.50 KELLETT JOHN / KELLETT DEBBIE 2 123 4128 343-280-50 $45.50 HALGREN MICHELLE M 1
Exhibit "B"
76 Section 10(Public Works), A.