Cities Index.
Agenda packet

Los Banos City Council
January 17, 2024

Document
Agenda packet
Meeting
January 17, 2024
Body
Los Banos City Council
Pages
3
Original file
72.4 MB
Text extracted from the city's file for reading and search. Open the original on losbanos.org. That file is the official record.

1 2
3 4
CK# 242640 - # 242925 01/17/2024 $3,888,879.53
Check Report
Check by Date
LOsBanos
Ar thf Crossroads of (,;li{cm1ta
Number Payment Date Vendor Name Payment Type Void Payment Amount 242640 12/28/2023 Edges Electrical Group, LLC Regular 12,768.88 242641 12/28/2023 Eric Gallichio Regular 460.68
242642 12/28/2023 Galvin Preservation Associates, Inc. Regular 51 ,759.43 242643 12/28/2023 GoTo Communications, Inc. Regular 3,733.97 242644 12/28/2023 Greenwood Chevrolet Regular 56,412.31 242645 12/28/2023 Max Hostetler Regular 55.00
242646 12/28/2023 Rick Justice Regular 169.95
242647 12/28/2023 Liebert Cassidy Whitmore Regular 3,146.00 242648 12/28/2023 Miracle Playsystems, Inc. Regular 60,967.80 242649 12/28/2023 Nossaman, LLP Regular 3,161.00
242650 12/28/2023 Gerald "Obie" O'Brien Regular 77.14
242651 12/28/2023 PB Loader Corporation Regular 38,428.99 242652 12/28/2023 Pacheco High School Volleyball Regular 2,520.00 242653 12/28/2023 Gametime Regular 33,300.00
242654 12/28/2023 Adriana Robledo Regular 172.00
242655 12/28/2023 Safety-Kleen Systems, Inc. Regular 7,820.60 242656 12/28/2023 Fernando Simas Regular 190.00
242657 12/28/2023 State Water Resources Control Board Regular 70.00 242658 12/28/2023 Swinerton Builders Regular 978,747.73 242659 12/28/2023 Law Offices of William A Vaughn Regular 14,623.00 242660 12/28/2023 West Coast Arborists, Inc. Regular 80,980.00 242661 12/28/2023 Alhambra Regular 58.44
242662 12/28/2023 AAA Business Supplies Regular 190.00
242663 12/28/2023 Amerigas Propane, LP Regular 515.98
242664 12/28/2023 Animal Damage Management, Inc. Regular 4,550.00 242667 12/28/2023 Aramark Uniform Ser Inc Regular 99.06 242668 12/28/2023 AT&T Regular 581.58
242669 12/28/2023 Belkorp Ag, LLC Regular 2,655.78
242670 12/28/2023 Josh Block Regular 1,653.00
242671 12/28/2023 Richard A Blak Phd Regular 900.00
242672 12/28/2023 Bucher Municipal North America Inc. Regular 79.54 242673 12/28/2023 CalMatCo. Regular 312.11
242674 12/28/2023 Lifeline Training Regular 279.00
242675 12/28/2023 Cal Traffic Regular 174.20
242676 12/28/2023 CDTFA California Dept of Tax & Fee Regular 149.00 242677 12/28/2023 CENCAL Machine & Fabrication Inc. Regular 25.00 242678 12/28/2023 Central Sanitary Supply, LLC Regular 491.64 242679 12/28/2023 Coffee Break Service Inc. Regular 1,213 .16 242680 12/28/2023 Comcast Regular 445.38
242681 12/28/2023 Copy Shipping Solutions Regular 37.58 242682 12/28/2023 Critical Reach Inc. Regular 680.00
242683 12/28/2023 Custom Locksmith & Alarm Inc. Regular 670.90 242684 12/28/2023 Electric Drives Inc Regular 378.05
242685 12/28/2023 Fastenal Company Regular 27.87
242686 12/28/2023 Fast Track Car Wash Regular 1,074.50
242687 12/28/2023 Food 4 Less Regular 15.92
242688 12/28/2023 Frasier brigation a Div. of Landmark brigation Regular 669.69 242689 12/28/2023 Fresno City College Regular 299.00
242690 12/28/2023 Hach Company Regular 1,797.64
242691 12/28/2023 Halcyon Creek Inc. Regular 1,371.50
242692 12/28/2023 Henley Pacific, LLC Regular 288 84
242693 12/28/2023 Herwaldt Automotive Group, Inc. Regular 3,199.66 242694 12/28/2023 Holt of California Regular 271.79
242695 12/28/2023 Home Depot Regular 5,947.67
5 242698 12
/28/2023 Home Depot Regular 500.00
242699 12/28/2023 Sheranda Huichapan Regular 350.00
242700 12
/28/2023 N alleli Jsordia Regular 450 00
242701 12/28/2023 Kagome Inc. Regular 500.00
242702 12/28/2023 Laboratory Corporation of America Holdings Regular 434.70 242703 12/28/2023 Emil D Erreca Regular 81.56
242704 12/28/2023 Lucas Business Systems Regular 147.64 242705 12/28/2023 Los Banos Kiwanis Regular 350.00
242706 12/28/2023 Los Banos Unified School District Regular 541.43 242707 12/28/2023 Junior M Lemos Regular 350 00
242708 12/28/2023 Marfab Inc Regular 53.13
242709 12
/28/2023 Martin Marietta Materials, Inc. Regular 649.46 242710 12/28
/2023 Matson Alarm Co Inc Regular 215.00
242711 12/28/2023 Merced MRI Medical Group Regular 65
.00
242712 12
/28/2023 Merced Truck & Trailer Inc Regular 670.46
242713 12/28/2023 Monterey Auto Services Inc. Regular 300.00 242714 12/28/2023 Multi-Agency Support Services Regular 1,224.00 242715 12/28/2023 Rafael Mercado Regular 60000
242716 12/28/2023 OSE Regular 2,847.23
242717 12/28/2023 O'Reilly Auto Parts Regular 69196
242718 12/28/2023 Pace Supply Corp. Regular 87.89
242719 12/28/2023 PAPE Machinery Inc. Regular 2,879.86
242720 12
/28/2023 Purchase Power Inc Regular 2.01
242721 12
/28/2023 Razzari Ford Regular 32.24
242722 12/28/2023 Riggs Ambulance Service Regular 24
.00
242723 12
/28/2023 SESAC, Inc. Regular
1,159.00
242724 12
/28/2023 Safety-Kleen Systems, Inc. Regular 559.65
242725 12/28/2023 Sherwin Williams Co Regular 329.81
242726 12/28/2023 Shred-It US JV LLC Regular 409.72
242727 12/28/2023 Sorensens True Value Regular 1,072.19 242729 12/28/2023 Sorensens True Value Regular 28.86
242730 12/28/2023 Super Seer Corporation Regular 80.00
242731 12/28/2023 Tyler Technologies, Inc. Regular 945
.00
242732 12/28/2023 United Site Services, Inc. Regular 932.75 242733 12
/28/2023 Verizon Wireless Regular 335.98
242734 12
/28/2023 Verity Sanitation Supply, LLC Regular 133
.44
242735 12
/28/2023 Saba Holding Company, LLC Regular 439.29
242736 12/28/2023 Julissa Varges Regular 350.00
242737 12/28/2023 Westside Water Conditioning Regular 255.82 242738 12/28/2023 Windecker Inc Regular 8,803
.76
242739 12/28/2023 Young's Air Conditioning Regular 767.00 242740 12/28/2023 Soto Lara, Priscila Dafoe Regular 57.13 242741 12/28/2023 Medina-Perez, Isabel Regular 69.38
242742 12/28/2023 Silveira, Maria & Manuel Regular 148.92 242743 12/28/2023 Zamaniego, Nanci Regular 62.40
242744 12
/28/2023 Singh, Baljit Regular 141.03
242745 12/28/2023 Lopez, Jose Regular 121.37
242746 12/28
/2023 Arteaga, Adriana Regular 121.37
242747 12
/28/2023 Bassinette, Robert Regular 145.92
242748 12/28/2023 Gopar, Yvette and Odilon Macias Regular 11.54 242749 12/28/2023 D.R. Horton Regular 169
.91
242750 12/28/2023 Ayala, Armando Avina Regular 75.51
242751 12/28/2023 Betancourt, Sonia Regular 52.57
242752 12/28/2023 Desor, Raaj V Regular 157.41
242753 12/28/2023 Haumea, Brendon Regular 200.29
242754 12/28/2023 Home Sweet Home Property Management Co. Regular 46.03 242755 12
/28/2023 Brasi
l, John & Deolinda Regular 78.78
242756 12/28
/2023 Aguilar, Lucia Regular 78.78
242757 12/28
/2023 Home Sweet Home Property Management Co. Regular 157 .41
242758 12/28/2023 Maciel, Yarele Regular 72.23
242759 12/28/2023 Cortez Gonzalez, Arturo Regular 64.37 242760 12/28/2023 Castillo, Juanita Regular 62.56
242761 12/28/2023 Amaya, Moises Regular 208.68
242762 12/28/2023 Torres, Antonio Regular 98.44
242763 12/28/2023 Gonzales, Fernando Regular 190 17
6 242764 12
/28/2023 Sunshine Investments Regular 173.79
242765 12
/28/2023 Perez Olmos, Vanessa Regular 68
.95
242766 12
/28/2023 Barrera Bejar, Silvia Regular 78.78
242767 12/28/2023 Brandi, Rosemary Lynn Regular 105.00
242768 12
/28/2023 Hernandez,Jeanette Regular 29.64
242769 12/28/2023 Thompson, David Regular 39.47
242770 12/28/2023 Martinez, Kristi Marie Regular 26.37
242771 12/28/2023 Hodges, Clifford Regular 131.20
242772 12/28/2023 Sunshine Investments Regular 127.93
242773 12/28/2023 D.R. Horton Regular 161.20
242774 12/28/2023
D.R. Horton Regular 155.65
242775 12
/28/2023
D.R. Horton Regular 155.65
242776 12
/28/2023 Juarez Momoy, Cecilia Regular 5.00
242777 12/28/2023 Tafolla, Juan Regular I 18.10
242778 12/28
/2023 Garcia Ramirez, Monica Regular 46.03
242779 12/28/2023 Sousa-Melo, Jynnette Regular 19.81
242780 12/28/2023 Herrera, Angelina Regular 32.50
242781 12/28/2023 Phung, Xuan Lan Regular 101.72
242782 12/28/2023 Blossom Valley Realty, JR Souza Regular 80.94 242783 12/28/2023 Meza, Juan Regular 153.45
242784 12/28/2023 Pimentel, Yolanda Regular 5.00
242785 12/28/2023 Horne Sweet Home Property Management Co. Regular 118.10 242786 12
/28/2023 Fan, Ming Jean Regular 26.07
242787 12
/28/2023 Johnson, Michael Alan Regular 41.28
242788 12/28
/2023 Westhill Property Mgmt Regular 144.3 I
242789 12
/28/2023 Lomibao, Russel Regular 16.54
242790 12/28/2023 Diaz de Paz, Isela Regular 85.70
242791 12/28/2023 Parraga, Giovanna Elizabeth Regular 103.84 242792 12/28/2023 Perez, Laura Regular 190.17
242793 12/28/2023 Jimenez, Arturo JR Regular 16.54
242794 12/28/2023 Levario, Natalie Michelle Regular 98.44 242795 12/28/2023 Hernandez, Daniel A. Regular 71.18
242796 12/28/2023 Bailon, Cuauhtemoc Regular 68.95
242797 12
/28/2023 Roselli, Nicolas & Celeste Regular 65.68
242798 12
/28/2023 Lucido, Dineen Regular 75.22
242799 12
/28/2023 Marcella, Tammy Regular 65.68
242800 12
/28/2023 Properties 152, LLC Regular 91.88
242801 12/28/2023 Rubalcava, Guadalupe & Marily Regular 44.54 242802 12/28/2023 MHP Builders Inc Regular 173.87
242803 12/28/2023 Mendoza Castaneda, Leslye Jaret Regular 75.51 242804 12/28/2023 Moran, Daniel Regular 68
.95
242805 12/28/2023 D.R. Horton Regular 169.91
242806 12/28/2023 D.R. Horton Regular 161.20
242807 12/28/2023 D.R. Horton Regular 168.32
242808 12/28/2023 D.R. Horton Regular 164.36
242814 01/05/2024 Amerine Systems Inc Regular 36,337.50 242815 01/05/2024 Beam Insurance Administrators LLC Regular 21,597.32 242816 01
/05/2024 Sara Blevins Regular 250.00
242817 01/05/2024 Carollo Inc. Regular
7,342.75
242818 01/05/2024 CSG Consultants Inc. Regular
7,641.25
242819 01/05/2024 City of Los Banos Utility Regular 35,419.23 242821 01/05/2024 Golden State Warriors LLC Regular 12
,790.00
242822 01/05/2024 Gouveia Engineering Inc. Regular 22,588.29 242823 01/05/2024 Herwaldt Automotive Group, Inc. Regular 6,270.15 242824 01/05/2024 Mark Thomas & company. Inc. Regular 54,590.57 242825 01/05/2024 Miracle Playsystems, Inc. Regular 99,827.71 242826 01/05/2024 O'Dell Engineering Regular 6,058.75
242827 01/05/2024 PG&E Company Regular 135,096.08
242828 01/05/2024 Precision Civil Engineering, Inc Regular 15,000.00 242829 01
/05/2024 Provost and Pritchard Engineering, Inc. Regular 35 ,171.22
242830 01/05/2024 Quad Knopf, Inc. Regular
5,989.80
242831 01/05/2024 Redstone Construction, Inc Regular 272,825.75 242832 01/05/2024 Reliance Standard Life Insurance Company Regular 6,642.49 242834 01/05/2024 Ronny's Inc. Regular 56,837.47
242837 01/05/2024 Robert & Susan Hansen Regular 869.46
7 242838 01
/05/2024 Superior Pool Products, LLC Regular
4,551.45
242839 01/05
/2024 SWRCB Accounting Office Regular 61,519.22
242840 01/05/2024 Synagro-WWT, Inc. Regular 271
,182.18
242841 01/05/2024 Thirkettle Corporation Regular
9,082.80
242842 01/05/2024 Tyler Technologies, Inc. Regular 14
,680.00
242843 01/05/2024 United Pavement Maintenance, Inc. Regular 1,029,779.35 242844 01/05/2024 West Coast Arborists, Inc. Regular 16,570.00 242845 01/05/2024 W.M. Lyles Co. Regular 28
,566.50
242846 01/05/2024 Ronny's Inc. Regular 27,798.08
242847 01/05/2024 Ronny's Inc. Regular 45,189.76
242849 01/05/2024 Alhambra Regular 82.42
242850 01/05
/2024 AAA Business Supplies Regular 86.32
242851 01/05
/2024 Kasey Alim Regular 5.00
242852 01
/05/2024 Gregory Almeida Regular 157.77
242853 01/05
/2024 Aramark Uniform Ser Inc Regular 989.09
242854 01/05/2024 AT&T Regular
1,510.03
242855 01/05/2024 AT&T Regular 165.14
242856 01/05/2024 Backflow Apparatus & Valve Co. Regular 1,960.04 242857 01/05/2024 Dorothy June Baker Regular 2,346.81
242858 01/05/2024 Barton Overhead Door Inc Regular 502.99 242859 01/05/2024 Richard A Blak Phd Regular 1,000.00
242860 01/05/2024 BSK Associates Regular 2,791.50
242861 01/05
/2024 Capital One Regular
2,717.19
242863 01
/05/2024 CENCAL Machine & Fabrication Inc. Regular 245
.78
242864 01/05
/2024 Cintas Corporation No
.2 Regular 337.90
242865 01/05
/2024 Copy Shipping Solutions Regular 2,032.88
242866 01/05/2024 Creative Voice and Data Networks, Inc. Regular 2,203.20 242867 01/05/2024 Central California Irrigation District Regular 135.91 242868 01/05/2024 D & D Pest Control Regular 163.00
242869 01/05/2024 Display Sales Regular
4,211.50
242870 01/05/2024 Double D Towing, LLC Regular 135.00
242871 01/05/2024 Fastenal Company Regular 243.61
242872 01/05/2024 Federal Express Corporation Regular 14.99 242873 01/05/2024 Ferrellgas, Inc. Regular 163.43
242874 01
/05/2024 Galls Inc Regular 162.25
242875 01/05
/2024 Gouveia Engineering Inc. Regular 6,459
.16
242876 01
/05/2024 Greenwood Chevrolet Regular 737.30
242877 01/05/2024 Henley Pacific, LLC Regular 61.03
242878 01/05/2024 Holt of California Regular 114.06
242879 01/05/2024 Jerry Witt Regular 2,389.00
242880 01/05/2024 TimJLaw Regular 2,700.00
242881 01/05/2024 Mark Thomas & company. Inc. Regular 1,727.50 242882 01/05/2024 McCrometer Inc. Regular 416
.00
242883 01/05/2024 McNamara Sports Inc Regular 614.86
242884 01/05/2024 Municipal Maintenance Equipment, Inc. Regular 1,261.95 242885 01/05/2024 Napa Auto Parts of Los Banos Regular 59.54 242886 01
/05/2024 NDN International LLC Regular
3,407.32
242887 01
/05/2024 O'Dell Engineering Regular
8,248.75
242888 01/05
/2024 OSE Regular 85.41
242889 01/05/2024 O'Reilly Auto Parts Regular 991.69
242890 01/05/2024 Pacific Water Resources Regular 166.17 242891 01/05/2024 Precision Civil Engineering, Inc Regular 9,099.50 242892 01/05/2024 Provost and Pritchard Engineering, Inc. Regular 9,164.70 242893 01/05/2024 Protech Security & Electronics, Inc. Regular 615.00 242894 01/05/2024 Razzari Dodge Chrysler Jeep Regular 65.30 242895 01/05/2024 Riggs Ambulance Service Regular 12.00 242896 01
/05/2024 Ronny's Inc. Regular 5,126.96
242897 01
/05/2024 SJVAPCD Regular
1,288.00
242898 01/05/2024 Sample Traps LLC Regular 575.00
242899 01/05
/2024 Save Mart Supermarkets Regular 51.67
242900 01
/05/2024 Sherwin Williams Co Regular 956.62
242901 01/05/2024 Frank Silveria Regular
1,054.00
242902 01/05/2024 Sorensens True Value Regular 1,545.71 242904 01/05/2024 Sorensens True Value Regular 126.45
242905 01/05/2024 Stantec Consulting Services, Inc. Regular 750 00 8 242906 01/05/2024 The Heil CO
242907 01/05/2024 Thirkettle Corporation
242908 01/05/2024 Samantha Alison Tova
242909 01/05/2024 USA Blue Book
242910 01/05/2024 Verizon Wireless
242911 01/05/2024 West Publishing Corporation
242912 01/05/2024 Windecker Inc
242913 01/05/2024 Youth Evolution Activites
242914 01/08/2024 Aflac-Customer Service
242915 01/08/2024 AFSCME District Council 57
242916 01/08/2024 Empower Annuity Ins. Co of America
242917 01/08/2024 Empower Annuity Ins. Co of America
242918 01/08/2024 Los Banos Police Assn
242919 01/08/2024 Los Banos Police Assn.
242920 01/08/2024 Merced County Sheriff
242921 01/08/2024 MissionSquare
242922 01/08/2024 MissionSquare
242923 01/08/2024 Nationwide Retirement Solutions
242924 01/08/2024 Professional Fire Fighter of Los Banos Local 4 703 242925 01/08/2024 State Disbursement Unit
Break in check sequence due to the following:

Check #242665 - #242666 (Manual Void)
Check #242696 - #242697 (Manual Void)
Check #242728 (Manual Void)
Check #242809 - #242813 (Payroll)
Check #242820 (Manual Void)
Check #242833 (Manual Void)
Check #242835 - #242836 (Manual Void)
Check #242848 (Manual Void)
Check #242862 (Manual Void)
Check #242903 (Manual Void)
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Payment Type
Regular Checks
Manual Checks
Voided Checks
269
0 0
269
220.00
4,612.35
267.50
3,148.78
2,306.95
466.85
2,877.42
845.00
235.68
1,596.06
1,567.01
2,947.00
980.00
245.00
200.00
341.65
9,225.00
4,065.33
1,050.00
1,350.00
Payment
3,888,879.53

0.00 0.00
3,888,879.53
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 LOsBanos
TO:

FROM:

DATE:
t th
Agenda Staff Report
Mayor City Council Members
Brent Kuhn, Interim Finance Director
January 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: 2nd Quarter Investment Report for 2023/2024
Recommendation:

To accept the quarterly investment report as submitted.

Background:
difc ,11i
The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.

Attachments:

City of Los Banos First Quarter 2023/2024 Investment Report 11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of December 31, 2023
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $52,248,549 4.00%
Investment Fund) California effective yield
Money Market Funds Wells Fargo Daily $108,078,955 5.24% Securities simple yield
Investment Balance: $160,327,504

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

2. As of the date of this report, the remainder of the City of Los Banos' funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 Agency Name
Account Number
MALIA M. COHEN
Calif omia State Controller

LOCAL AGENCY INVESTMENT FUND

REMITTANCE ADVICE

LOSBANOS
98-24-490
As of 01 /12/2024, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2023.

Earnings Ratio .00010932476863589
Interest Rate 4.00%
Dollar Day Total $ 4,801,263,118.44
Quarter End Principal Balance $ 52,248,548.55
Quarterly Interest Earned $ 524,896.98
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 ■ Wells Fargo Bank, N.A.

PO BOX5120
SIOUX FALLS, SD 57117-5120
1-800-645-3751

BR STMT

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
520 J ST
LOS BANOS, CA 93635
Enclosed is your Wells Fargo Bank, N.A. account statement. If you have elected Wells Fargo Bank, N.A. (WFB) as the safekeeping agent for your securities, then also enclosed is 1) a separate WFB safekeeping statement and 2) a page summarizing activity and investments in your WFBNA account and its related WFB account.

If you have multiple WFBNA accounts and have requested "house-holding," we have included the statements that pertain to those accounts in this single envelope.

Investments, other than Brokered Certificates of Deposits, are not FDIC insured, may lose value, and are not bank guaranteed - see important disclosures on the reverse of your account summary page. 017667 100519S 0009 10117 UN#404S859-00003994 74888-0010 37879 01/02/24 P 17 Wells
■ Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
0176681005195 0009 10117 UN#4045859-00003994 748Ei3-0010 37879 01/02/24 P Summary Combined Summary
Brokerage Account and Bank Account

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
Statement Period
12/01/2023 - 12/31/2023
Account Number
Total Account Value Summary - us Dollar (USDJ This summary does not reflect the ---- ---------------------------------•value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 107,614,492.45 108,078,955.20 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 107,614,492.45 $ 108,078,955.20 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Vear-End
Percent Increase Since Last Vear-End
$ 464,462.75
$
0%
83,613,281.62
29%
***Includes amortized Par value of municipal leases and notes.

Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit lnteresfFor December 2023
$
$
This Period

0.00 0.00
464,462.75

0.00 464,462.75
Year-To-Date
$ 0.00

0.00 4,465,673.58

0.00 $ 4,465,673.58
This Period

0.00 Total Interest Charged $ 0.00
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
Amount
107,614,492.45

0.00 0.00
464,462.75

0.00 108,078,955:20
18 Wells
■ Fargo Securities, LLC
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
017669 1005195 0009 101 17 UN#4045859·0000J994 7480-0010 37879 01/02/24 P Brokerage Account Statement
Wells Fargo Securities, LLC

CITY OF LOS BANOS

ATTN MARTHA BRAZIL

Page 1 of 2 ends

Statement Period
12/01/2023 - 12/31/2023
Account Number
Account Value Summary uso This summary does not reflect the -------------------------------------•value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 0.00 0.00 0%
Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 0.00 $ 0.00 0%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For December 2023
Total Interest Charged
$
$
$ 0.00
$
This Period

0.00 $

0.00 0.00

0.00 0.00 $
$
N/A

0.00 N/A
Year-To-Date

0.00 0.00

0.00 0.00

0.00 This Period

0.00 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Brokerage
$
s
Amount

0.00 0.00

0.00 0.00

0.00 0.00
19 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), or customers of affiliated broker-dealers whose accounts are introduced to and carried by WFS. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in custody by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

Pricing: Security and other asset prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation dale, which may not be the date of this statement, and are subject to change without notice. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The prices of CDs that mature in one year or less are shown at last price traded. The prices of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.

Brokered CD Pricing: like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result. While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited. In those cases, WFS will use its best efforts to help investors find a buyer.

SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sillf,filg or by calling SIPC at 1-202-371-8300.

FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons.

Information can be obtained from the FINRA BrokerCheck program hotline number (1 -800-289-9999) or the FINRA website
(www.finra.org). A brochure describing the FINRA BrokerCheck program will be furnished upon written request.

Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitations imposed by Rule 15c3-3 under the Securities Exchange Act of 1934. On demand, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled , and any securities purchased on margin upon full payment of indebtedness to WFS.

Equity Order Routing: WFS customers may request additional order routing information with respect to SEC Rule 606 by contacting their WFS sales representative. There are two reports available to WFS customers under amended Rule 606: (i) the 606(b)(1) held ondemand customer report and (ii) the 606(b)(3) not held on-demand customer report in the six months prior to the request. These reports can be found at https://www.wellsfargo.com/com/securities/regulatory Equity Extended Hours Trading: See important infonnation relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/com/securities/regulatory.

Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and investment return to fluctuate.

When the investment is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS is responsible for the securities sold by WFS.

Trade Confirmations: Investment purchases and sales are subject lo the terms and conditions slated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.

Page 2 of 2 ends

listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.

Financial Statements: WFS financial statements are available upon request.

Customer Complaints and Reporting Discrepancies:

Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wf~ ustomerservice!illwellsfargo.com
In the event your account is introduced to WFS by an affiliated broker-dealer as indicated on page 1 of your statement, you should also send a copy of your written correspondence to that introducing broker-dealer at the address appearing on that page.

Customers may also report complaints, inaccuracies or
discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

Mutual Funds: Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax-Exempt funds may be subject to redemption fees and/or gales thal can affect the availability of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Muni Substitute Interest: With respect lo transactions involving your purchase of a municipal security having interest that is exempt from federal and/or state income taxes, if you do not receive good delivery of such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the settlement date of the transaction until you receive good delivery may be considered by the Internal Revenue Service ("IRS") to be taxable ("substitute") interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax advisors regarding the tax implication of any such fail to receive scenario.
20 Wells
■ Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
017670 1005195 0009 10 117 UN#4045859-0000J994 74888-0010 37879 01/02/24 P Bank Account Statement
Wells Fargo Bank, N.A.

Page 1 of 3 ends

Statement Period
12/01/2023 - 12/31/2023

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
Account Number
Account Value Summary uso This summary does not reflect the -------------------------------------•value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 107,614,492.45 108,078,955.20 100% Bonds 0.00 0.00 0%
Stocks o.oo o.oo
Total Account Value $ 107,614,492.45 $ 108,078,955.20
0%
100%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For December 2023
Total Interest Charged
$
$
$ 464,462.75
$
This Period

0.00 0.00
464,462.75

0.00 464,462.75
0%
83,613,281.62
29%
Year-To-Date
$ 0.00

0.00 4,465,673.58

0.00 $ 4,465,673.58
This Period

0.00 $ 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Safekeeping
$
s
Amount
107,614,492.45

0.00 0.00
464,462.75

0.00 108,078,955.20
21 Important Information
This statement is provided to customers of Wells Fargo
Bank, N.A. (the "Bank"). Statements are provided
monthly for accounts with transactions and/or security
positions.

Pricing: Security and other asset prices shown on the
statement are obtained from independent vendors or
internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date,
which may not be the date of this statement, and are
subject to change without notice. For exchange-listed
securities, the price provided is the closing price of the relevant security at month end. For unlisted securities, it is the "bid" price of the relevant security at month end .

The prices of instruments that trade infrequently are
estimated using similar securities for which prices are available. Prices on the statement may not necessarily
be obtained when the asset is sold.

Cash Balances: Cash held at the Bank is not covered by
SIPC, but is instead eligible for FDIC insurance of up to $250,000 per depositor, per institution, in accordance
with FDIC rules.

Mutual Funds: You have the right, in the course of
normal business operations, to withdraw balances in the Bank Deposit Sweep or redeem shares of the money
market mutual fund used in the sweep, subject to any
open commitments in any of your accounts and have
the proceeds returned to your accounts or remitted to
you. Note, however, that as required by federal banking regulations, the banks in the Bank Deposit Sweep
reserve the right to require seven days prior notice
before permitting a transfer out of the Bank Deposit
Sweep. In addition, the money market mutual funds in
the sweep reserve the right to require one or more
day's prior notice before permitting withdrawals.

The Bank makes certain money market mutual funds
available through the Bank Deposit Sweep and has
entered into agreements with the mutual fund
companies with respect to the available funds. Mutual
funds are sold by prospectus only. Please read the
prospectus for further information including sales
charges, deferred sales charges, withdrawal charges and management or other fees .

Muni Substitute Interest: With respect to transactions
involving your purchase of a municipal security having
interest that is exempt from federal and/or state
income taxes, if you do not receive good delivery of
such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the
settlement date of the transaction until you receive
good delivery may be considered by the Internal
Revenue Service ("IRS") to be taxable ("substitute")
interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax
advisors regarding the tax implication of any such fail to receive scenario.

Non-deposit investment products offered or sold by
the Bank, including investments in mutual funds
available through the Bank, are not federally insured or guaranteed by or obligations of the U.S. government,
the Federal Deposit Insurance Corporation ("FDIC"),
the Federal Reserve System or any other government
agency; are not bank deposits; are not obligations of,
or endorsed or guaranteed in any way by any bank or
the Bank; and are subject to risk, including the possible loss of principal, that may cause the value of the
investment and the investment return to fluctuate.

When the investment is sold, the amount may be
higher or lower than the amount originally invested.

Page 2 of 3 ends

Customer Complaints and Reporting Discrepancies: All
inquiries, statement reporting inaccuracies or
discrepancies, or complaints regarding your account or
the activity therein should be directed to:

Customer Service
90 South 7th Street
5th Floor, MAC N9303-054
Minneapolis, MN 55402
1-800-645-3751, option 5,
[email protected].

To further protect their rights, customers should also reconfirm in writing to the above address any oral communications with the Bank relating to inaccuracies
or discrepancies.

The Bank's financial statements are available upon
request.
22 CITY OF LOS BANOS
Account Number:

Money Market Fund Activity
Goldman FS Gov Inst 465
*As of December 31 , 2023
USO
Transaction
Date
12/01/23
Activitx_
Beginning Balance
Reinvest
Ending Balance
01767110051 95 0009 10117 UN#4045859-00003994 74888-0010 37879 01/02/24 P Dividend paid
this period
464,462.75
Shares Price

1.0000
464,462. 75000

1.0000
7day*
simple yield

5.230%
Market Value ($)
107,614,492.45
108,078,955.20
Safekeeping

Page 3 of 3 ends

Statement Ending: December 31, 2023
30 day*
simple yield

5.240%
Dividend Amount Share Balance
107,614,492.45000
464,462.75 108,078,955.20000
108,078,955.20000
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 TO:

FROM:

DATE:

LOsBanos
0 HJ d Ii or 1ia
Agenda Staff Report
Mayor & City Council Members a~
Jose Lemus, P.E., Interim Public Works Director/City Engineey"V January 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the execution of Professional Service Agreement to Stantec Consulting Services, Inc. in the amount of $260,000.00 for the Wastewater Treatment Plant Irrigation Expansion Project Recommendation:

That the City Council adopts the Resolution to authorize the City Manager to execute the Professional Service Agreement with Stantec Consulting Services, Inc. in the amount of $260,000.00. The administration of this agreement is to be performed by the Interim Public Works Director/City Engineer.

Background:

The City has faced many challenges at the Wastewater Treatment Plant (WWTP) with the routing and disposing of effluent waters. Construction is currently under way with two major projects that will enhance the City's operations at the WWTP. One being the removal of biosolids in the channels, and the second being the replacement of the irrigation lines used for the discharge of effluent waters onto the Eastern Irrigation fields.

During the rain events last year, the WWTP operational deficiencies exposed the City's ability to move effluent waters, as well as the limitation of the permitted time and areas to discharge of such waters. These challenges have highlighted the urgency to explore the addition of two irrigation fields and petition the CVRWQCB to amend the City's Waste Discharge Requirement (WDR) permit to allow the City to discharge to all irrigation fields year-around.

Discussion:

Staff released a Request for Proposal for the WWTP Irrigation Expansion project on November 24, 2023. The RFP was due on December 11, 2023. The Public Works Department, through the office of the City Clerk, received two (2) proposals from Provost & Pritchard Consulting Group and Stantec Consulting Services, Inc. 25 Staff reviewed the proposals for completeness and determined that Stantec Consulting Services, Inc. proposal best meets the project criteria and intent.

The project proposal will include the necessary environmental services, topographic survey, irrigation system plans and specifications, sludge storage area design, and permitting requirements. This project is critical in addressing the additional disposal site needed and minimizing the City's risk associated with forecasted upcoming 100-year rain event.

Staff is recommending to enter into a Professional Service Agreement with Stantec Consulting Services, Inc. for the WWTP Irrigation Expansion project. The administration of the agreement is to be performed by the Interim Public Works Director/City Engineer.

Fiscal Impact:

The WWTP Irrigation Expansion project will be funded from the Wastewater Treatment Fund account 502-433-100-231 in FY 23/24 for the total project cost of $260,000.00.

Atta ments:

Resolution
RFP Results
Public Notice
Professional Service Agreement
Brent Kuhn, Interim Finance Director
26 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH STANTEC
CONSUL TING SERVICES, INC. FOR THE

WASTEWATER TREATMENT PLANT IRRIGATION

EXPANSION PROJECT IN THE AMOUNT OF
$260,000.00.

WHEREAS, a Request for Proposals was issued on November 24, 2023 for the Wastewater Treatment Plant Irrigation Expansion Project; and WHEREAS, staff has reviewed the proposals of each firm which submitted a proposal, and negotiated the cost proposal with the firm being recommended; and WHEREAS, the proposed Professional Services Agreement has been reviewed by the City Attorney and approved as to form.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute a Professional Services Agreement with Stantec Consulting Services, Inc. for the Wastewater Treatment Plant Irrigation Expansion Project in the amount of $260,000.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of January 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 LOs Banos
\1th« ( 111.,:'I"'"'' o/ ( uli/o 11w

REQUEST FOR PROPOSALS

PERMITTING FOR ADDITIONAL IRRIGATION AREAS AT THE

WASTEWATER TREATMENT PLANT
DECEMBER 11 . 2023, 2:00 PM

1. Provost & Pritchard Consulting Group

2. Stantec
Signed:

Lucille
--/2..wJJt.

L. Mallonee,
-/. ~ MMC
City Clerk/Human Resources Director
Marlene Lesui
HR Technician I
Dated: December 11, 2023
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 NOTICE
Request for Proposal
Permitting for Additional Irrigation Areas
At
The Wastewater Treatment Plant
NOTICE IS HEREBY GIVEN that the City of Los Banos is seeking to enter into a professional service agreement with a consulting firm to provide assistance with the permitting for additional irrigation areas at the Wastewater Treatment Plant for discharging purposes. Services will include, but not limited to, modification to the Waste Discharge Requirements and Title 22 Engineering Report, environmental study, topographic survey, and irrigation system plans and specifications.

All qualified consultants interested in providing these services are invited to submit their proposal.

The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal (RFP).

It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.

The Consultant's attention is directed to Exhibit A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 P.M. PST on December 11, 2023. Proposals shall be submitted in a sealed package clearly marked "Permitting for Additional Irrigation Areas" and addressed as follows:

City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking consultants in order to make a final selection. The successful consultant will be recommended to the City Council for authorization to enter into a Professional Services Agreement for the permitting of Additional Irrigation Areas at the Wastewater Treatment Plant with the City of Los Banos.

Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract. 31 The contract award, if any, will be made to the consultant who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Consultant shall not include this cost proposal in the USB as an electronic file.

The City intends to follow, but will not be bound by, the following selection timeline:

Release of Advertisement of RFP 11/24/2023
Deadline to Submit Questions/Clarifications 5:00P.M. 11/30/2023 Addendum/Questions/Clarifications Posted 5:00P.M. 12/05/2023 Deadline for Proposal Submittal 2:00 P.M. 12/11/2023
Award Date 01/03/2024
Any questions with regard to submissions, process, or proposals can be emailed to Interim Assistant Public Works Director at James Cozad [email protected]. Questions shall be submitted before 5:00 P.M. PST on November 30, 2023. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on December 5, 2023 and if necessary, shall become a part of the proposal as an addendum.

The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org.

No oral questions or inquiries about the RFP shall be accepted. 32 PROFESSIONAL SERVICES AGREEMENT

FOR WWTP IRRIGATION EXPANSION PROJECT
STANTEC CONSULTING SERVICES, INC.

THIS AGREEMENT is made and entered into this __ day of ____ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Stantec Consulting Services, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.

2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. City may elect to delete certain tasks of the Scope of Services at its sole discretion.

WA Vll.29.2023 1
33 2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner.

The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B attached hereto and made a part of this Agreement (the "Fee Schedule").

Consultant's compensation shall in no case exceed $260,000.00.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of Charges set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference.

4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would WA Vl 1.29.2023 2
34 be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit_ and on the terms set forth in this Article 4.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

WA Vll.29.2023 3
35 B. Si m ature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liabilit Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 , in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liabilitv Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:

WA Vll.29.2023 4
36 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are WA Vll.29.2023 5
37 limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

WA Vl 1.29.2023 6
38 11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the WA Vl 1.29.2023 7
39 services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

WA Vl 1.29.2023 8
40 18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severability. lf any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Stantec Consulting Services, Inc.

Steven Beck, Principal-in-Charge
2250 Douglas Blvd.

Roseville, California 95661
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

WA Vl 1.29.2023 9
41 24. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: _____ __, 2024
WA Vll.29 .2023
Stantec Consulting Services, Inc.
by: Steven Beck, Principal-in-Charge
CITY OF LOS BANOS, a California
municipal corporation
42 Date: 2024 - ----~
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WA Vl 1.29.2023
by:
11 43

THIS PAGE IS INTENTIONALLY LEFT BLANK
44 EXHIBIT A - Scope of Work
Task 1: Environmental
Stantec will provide the following environmental
services to support the additional land application
area irrigation fields.

Task 1.1 Cultural Resource Assessment
Under this task, a qualified Stantec archaeologist
will develop a three-dimensional Project-Specific
Area of survey, geologic map of California, SLM
General Land Office maps, National Register of
Historic Places, and California Register of
Historical Resources databases, and a cultural
records search at the North Central Information
Center (NCIC). Stantec will support the City in
project Native American outreach efforts by
requesting a Native American Heritage
Commissions (NAHC) Sacred Lands file search
and local Native American contacts list. One a
response is received from the NAHC, Stantec will
draft a letter for the City to send to the local Native American contacts. Stantec will also complete an
archaeological survey of the project area of
potential effect (APE). We assume no cultural
resources or architectural history resources are
within or within view of the APE.

Task 1.2 Biological Site Assessment
Under this task, a qualified Stantec biologist will
complete biological database searches, such as
California Department of Fish and Wildlife
(CDFW) California Natural Diversity Database
(CNDDB), US Fish and Wildlife Service (USFWS)
IPaC, and California Native Plant Society
(CNPS). The Stantec biologist will conduct a
biological resource survey of the Project area. We
understand the project is entirely located within City
owned, previously disturbed, property. We believe
the assessment will likely find the proposed project
does not have a significant impact to listed species
or sensitive habitats. As such, we have focused this
task on the due diligence compliance effort and
providing input on avoidance measures.

Task 1.3 Initial Study / Mitigated
Negative Declaration (ISMND)
Development
Stantec will develop an Administrative Draft
ISMND for the project, which will include a CEQA
Environmental Checklist (Initial Study) and
impact assessments identified in Appendix G of
the CEQA guidelines. If any potentially significant
impacts to the environment are discovered,
Stantec (in conjunction with the City) will develop
adequate mitigation measures to reduce project
impacts to less than significant levels. Stantec
will submit an Administrative Draft ISMND to the
City for one round of review. Stantec will
integrate one set of City comments and edits into
the ISMND. Upon receipt and incorporation of
City comments, Stantec will develop the
Accessibility-compliant Public Draft ISMND.

Further, Stantec will develop the Mitigation
Monitoring and Reporting Program (MMRP) as
part of the CEQA compliance process. Stantec
will complete the Public Draft ISMND and submit
the required electronic documents to the State
Clearinghouse (SCH) and the County Clerk's
office. We assume the City will be responsible for
the CEQA-related public noticing and City
Council presentation. Once the City Council
approves and adopts the ISMND, Stantec will
draft and facilitate the filing of the Notice of
Determination (NOD) with the SCH and the
County.

Deliverables: electronic copies of APE map,
NAHC Letter, Draft Native American Tribal
Outreach Letters (up to 5), Administrative Draft
and Public Draft ISMND, NOC and NOD.

Assumptions: Reconnaissance level surveys are
sufficient (no protocol-level surveys will be
required). No cultural resources potentially
eligible for listing under state or federal registers . are located in the APE. No sensitive species are
1 of 4 IJ Staniec Scope of Work
WWTP Irrigation Expansion Project
45 EXHIBIT A - Scope of Work
located in the project area. Biological and cultural
resources are only needed within the existing City
property lines. the City will email the Tribal
Correspondence Letters in compliance with
government-to-government AB 52 Tribal
Outreach Requirements (Stantec will prepare the
draft letters). The City will complete the CEQArequired public notifications (newspaper publication, direct mailing, and/or public
postings). Stantec will provide the City an email
summary of response for State agency and public
comments after the 30-day public review period
(assuming up to 5 comments). City is responsible
for City Council presentation of CEQA summary
findings . City will be responsible for the CDFW
and County CEQA filing and associated filing
fees. NCIC fees will be paid by Stantec, up to
$500.

Task 2: Topographic Survey
Stantec will hire a sub-consultant (Psomas) to
provide an aerial mapping survey of the new
irrigation field boundary (APN 082-02-038 and 454-
020-001) as well as the two-acre sludge storage
area, to provide an accurate site map suitable to
prepare layout and design drawings for the detailed
design of the new northwest and south field land
application sites.

The survey will provide topographic mapping of the
site layout at a scale of 1" = 40' with 1-foot contours.

Topographic elements will include dirt spots, grade
breaks, trees larger than 6-inches diameter, rock
outcroppings, building corners, concrete slab
elevations of existing facilities, visible utilities, edges of pavement, driveway, concrete, ditches and
drainage structures within the mapping corridor.

Deliverables: AutoCAD drawing of survey, and
CAD surface file in xml format, PDF copy of CAD
drawing
Task 3: Irrigation System Plans and
Specifications
Stantec will prepare design drawings and
specifications that will be used for competitive
bidding, allowing a contractor to convert the
northwest and south fields (APN 082-020-038 and
454-020-001) into new land disposal areas. Stantec
will prepare technical specifications in 5-digit CSI
format using Microsoft Word. Stantec will prepare
EJCDC front-end specifications for the bid
documents using Microsoft Word. Stantec will
prepare drawings using AutoCAD and final
construction drawings will be stamped and signed
by the design engineer.

Task 3.1 90% and Final Drawings and
Specifications, Desing of Irrigation
System
Stantec will provide City staff with a design submittal package, including the construction contract
drawings and specifications, at 90 percent
complete. The deliverable will include an engineer's
estimate of the probable construction costs. After
receiving City review comments on the 90 percent
submittal package, Stantec will incorporate these
comments and prepare a Final Bid Documents
package for City approval and advertisement.

Required Signs, Fencing, and Permit
Mandated Appurtenances // the construction
drawings and specifications will include the
necessary signs and fencing, as mandated by
WDR R5-2021-0026. It is assumed that the
existing irrigation pump stations and tailwater
return stations can be connected to the new
irrigation fields. Further, the LAA irrigation
fields will include berms and adequate slope to
ensure tailwater is returned back to the \/INI/TP
and prevent it from leaving the site.
2 of 4 IJ Staniec Scope of Work
WWTP Irrigation Expansion Project
46 EXHIBIT A - Scope of Work
Task 3.2 Pipe Sizing and Dewatering Rate
Calculations
The detailed design will include calculations to
support the pipe sizing and dewatering rates used
for the Project.

Deliverables: 90% Progress package (electronic
PDF drawings and specifications) and final bid
documents (stamped and signed, electronic PDF
files).

Task 4: Sludge Storage Area Design
Stantec will provide plans and specifications for a
2-acre temporary storage location of the
dewatered sludge removed from ponds. From
previous experience with the Board (from recent
Madera sludge drying operations), they will allow
the sludge to be temporarily stored and
dewatered on an un-used LAA field, as long as
the area is fully surrounded by a berm, no effluent
is discharged to the area when drying, and all dry
sludge will be removed from the site prior to using
as effluent disposal.

Task 4.1 Geotechnical Report
Stantec will use the previously prepared (2008
and 2009) geotechnical engineering report for
improvements on site (including a lime treatment
or soil cement liner, if mandated by the Board).

Task 5: Permitting
In order for the City to use the new irrigation fields
as part of their effluent disposal, Stantec will help
prepare the following permitting reports, as
defined in the following sub-tasks.

Task 5.1 Amend Waste Discharge
Requirements (WDRs)
Stantec will help negotiate an amended WDR, to
permit the use of the two new irrigation fields, by
providing an updated RoWD, complete SWRCB
Form 200 and document the need for the
additional LAA fields, proposed dewatering
schedules, and monitoring wells.

Report of Waste Discharge JI Stantec request
historical data from the City, as well as use data
available on the California Integrated Water
Quality System (CIWQS). Much of the
information is already available to Stantec,
under their existing permitting assistance
contract (separate to this scope of work). Using
the historical data, Stantec will complete form
200 and prepare a RoWD that discusses why
some of the information submitted in the form
may be "factual" but not "representative" and
discuss why an Anti-Degradation Analysis is
either not needed or can be focused to specific
topics.

Monitoring Well Evaluation JI This task
includes evaluating the existing groundwater
monitoring network, and where feasible,
developing an appropriate strategy to use the
existing network such that it provides
groundwater elevation and quality data that are
representative of both background/ambient
and compliance (down gradient) sources. The
workplan will provide the design criteria for any
new monitoring wells needed (to support the
additional LAA irrigation parcels). Once
completed, the workplan will be submitted to
the Regional Board for Approval. Formal
drawings and specifications for new monitoring
wells will not be prepared within this task.

Dewatering Schedule Analysis II Using the
results from the 100-year water balance
(described below), Stante will provide a
recommended pond dewatering schedule, to
reduce the risk of flooding during heavy winter
rains.

Task 5.2 Amended Title 22 Engineering
Report
Stantec will prepare a revised Title 22
Engineering Report (that revises the 2008 Report
prepared by Boyle Engineering and the 2022
Report updates prepared by Stantec). The
amended Title 22 Engineering Report will include
the updated water balance, defined below, and
3 of 4 IJ Staniec Scope of Work
WWTP Irrigation Expansion Project
47 EXHIBIT A - Scope of Work
updated LAA irrigation disposal field
quantification. The Amendment will include a
cover letter that describes the existing approved
2008 Report and 2022 Report Updates and the
proposed improvements.

Water and Nutrient Balances II Stantec will
forecast the monthly 100-year influent flow
rates at design capacity, extrapolated from
recent wet years. Based on local and regional
statistical climatic conditions, Stantec will
determine the best apparent estimates of total
precipitation and evaporation at the VV\/1/TP for
the design 100-year water balance. Using
available geotechnical data and soil maps (for
percolation rates) and VV\/1/TP operational
experience, Stantec will forecast the monthly
effluent disposal potential in the existing LAA
irrigation areas under the 100-year conditions.

This information will be used to prepare the
100-year water balance calculation and
prepare a technical memorandum describing
the input values and results of the water
balance, for submittal to the Regional Board.

Within the RoWD, Stantec will document the
influent and effluent flows and loads (nutrients)
and groundwater monitoring results. The
influent, effluent and groundwater
concentrations of nutrients will be used to
document the success of the treatment ponds
and disposal fields. We will discuss why an
Anti-Degradation Analysis is either not needed
or can be focused to specific topics.

Tailwater Return Facility Determination II
Stantec will determine if additional tailwater
return facilities will be required for the new fields.

It is currently assumed that the existing tailwater
pump stations will be adequate for the new fields
and therefore the design of new tailwater
facilities are not part of the current scope of
work.

Task 6: Project Management
Task 6.1 Contracts, Invoices, & QA/QC
Stantec's project manager will coordinate the
design work and provide project administrative
services during the Project, including
monitoring and control of budget for each major
task of work, preparation of monthly invoicing,
and providing quality assurance and quality
control activities. Documents will be reviewed
for correctness, completeness, and
coordination with other documents and
between disciplines. The QA/QC process will
involve senior staff between project
deliverables.

Task 6.2 Meetings and Site Visits
Stantec will conduct a project kick-off meeting
with the City to review the project scope,
deliverables, and schedule. Further, Stantec
will use Microsoft Teams to conduct three
progress meetings during detailed design (after
draft ISMND development, 90 percent
progress submittals and after draft permitting
reports are complete). Lastly, Stantec will
provide a site visit (with up to three project
representatives), to accommodate Tasks 1-5.
4 of4 II Stantec Scope of Work
WWTP Irrigation Expansion Project
48 TO:

FROM:

DATE:

SUBJECT:

LOsBanos
' of ali 01 m
Agenda Staff Report
Mayor and City Council Members a A /
Jose Lemus, P.E., Interim Public Works Director/City Engineer / ~ January 17, 2024 Authorize the Execution of Professional Services Agreements for OnCall Construction Management Services TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council adopts the Resolution to authorize the City Manager to execute Professional Service Agreements with Vanir Construction Management, Inc., CCME, Inc., C M Pros, Ghirardelli Associates, Inc., and CSG Consultants, Inc. to provide On-Call Construction Management Services. The administration of the Professional Services Agreements are to be performed by the Public Works Director/City Engineer.

Background:

The City of Los Banos has a healthy and ambitious Capital Improvement Project program.

In order to meet the needs of the capital program, the City uses outside consultants, in addition to City staff. Construction Management firms will assist the City with the daily construction management tasks associated with projects on as needed basis.

A Request for Qualifications (RFQ) was issued on September 20, 2023. Statements of Qualifications (SOQs) were received at the office of City Clerk until October 11, 2023 at 2:00 PM. The City received seven (7) SOQs. The firms that responded to the City of Los Banos Request for Qualifications were:

Ghirardelli Associates, Inc. CCME, Inc.

C M Pros Vanir Construction Management, Inc.
lnnoActive Group Cumming Management Group, Inc.

CSG Consultants, Inc.

Each SQQ was reviewed by a City staff selection committee using the prescribed selection process. Staff is recommending that the services of Vanir Construction Management, Inc., CCME, Inc., CM Pros, Ghirardelli Associates, Inc., and CSG Consultants, Inc. be retained 49 to support staff with the specified work tasks, as listed below, for the City. Upon evaluation, each of the five firms offers the ability to provide the necessary services requested. Each firm has demonstrated a history of delivering quality work.

Work Tasks:
• Review of contractor submittals, including but not limited to:
o Materials
o Design mixes
o Schedules
o Traffic control plans
o Safety plans
o Storm water pollution prevention plans
o Pay requests
o Shoring plans
o As-Built drawings
• Provide verification of pay quantities.
• Complete material testing as per specifications and in conformance with the City of Los Banos Quality Assurance Plan.
• Complete daily diaries of work completed, personnel & equipment used. • Complete employee interviews related to wages (if required). • Provide verification of posting of required labor signs and regulations (if required). • Perform general inspection of daily work & conformance with project plans & specifications.
• Review and ensure the contractor correct any unsafe conditions. • Provide verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications.
• Complete field orders and change orders in consultation with the City. • Inspect construction site and detour signage for public safety. • Document certificates of compliance and weight/quantity certificates. • Provide coordination with City departments as applicable. • Resolve construction related issues, in consultation with the City and/or contractor. • Resolve citizen complaints related to the construction. • Ensure slopes are in compliance with ADA requirements (e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues. • Provide coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable. • Participate in and lead pre-construction meetings and periodic construction progress meetings.
• Complete inspection forms prior to concrete pours.
• Insure, verify and monitor contractor's compliance with environmental documents and conditions as applicable.
• Provide any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications.
50 Discussion:

The City anticipates that the addition of responsible Construction Management Services consultants will provide expertise and technical resources that will expand the City's capacity and efficiency in completing projects such as building construction or renovation.

Staff is recommending to enter into a Professional Services Agreement with each of the five recommended firms, effective upon execution of the Agreement by both each party and shall continue in full force and effect for three (3) years with a not to exceed amount of $300,000.00 per year. The Agreement provides for the addition of two (2) one (1) year extensions allowing the contract to be in effect for a maximum of five (5) years.

During the service term, construction management services will be requested based on the needs of the City for a specific service from each firm. A Task Order will be generated for specific work tasks, which will identify the scope of work, a not to exceed dollar amount, and a date when the services are due. The administration of each specific Task Order will be authorized and administered by the Public Works Director/City Engineer. Each Task Order will be completed concurrent with the terms of the Professional Services Agreement.

Fiscal Impact:

Each of the proposed consulting firms has submitted a schedule of fees for their services.

The Task Orders will be generated for specific projects, which will be included in the funds approved in the annual adopted City budget. Each Task Order will include a not to exceed dollar amount for proposed services.

Reviewed b
Attachments:

Resolution
Public Notice
Professional Services Agreements
Brent Kuhn, Interim Finance Director
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52 The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Los Banos.

All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.

The anticipated consultant selection schedule is as follows:

SOQ review and evaluation: October 11, 2023 through October 13, 2023 Oral interviews (if necessary): October 12, 2023 through October 13, 2023 Cost Negotiation: October 16, 2023 through October 17, 2023 Contract Award: October 18, 2023
Any questions related to this RFQ shall be submitted in writing to the attention of Nirorn Than via email at [email protected]. Questions shall be submitted before 5:00 p.m. on September 27, 2023. Answers to questions and addendum, if necessary, shall be posted on the City website before 5:00 PM PDT on September 29, 2023.

No oral questions or inquiries about the RFQ shall be accepted. 53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE PROFESSIONAL

SERVICES AGREEMENTS, AND THE INTERIM

PUBLIC WORKS DIRECTOR/CITY ENGINEER TO

ADMINISTER PROFESSIONAL SERVICES

AGREEMENTS WITH VANIR CONSTRUCTION
MANAGEMENT, INC., CCME, INC., C M PROS,
INC., GHIRARDELLI ASSOCIATES, INC. AND CSG
CONSULTANTS, INC. FOR ON-CALL

CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the City of Los Banos has a healthy Capital Improvement Project program; and
WHEREAS, the Engineering Division of Public Works in order to meet the needs of the capital program will utilize outside consultants to assist Public Works with projects; and
WHEREAS, the Public Works Department solicited statement of qualifications from qualified consulting firms to provide On-Call Construction Management Services; and WHEREAS, the proposed Professional Services Agreements have been reviewed by the City Attorney and approved as to form.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute Professional Services Agreements, and authorize the Interim Public Works Director/City Engineer to administer Professional Services Agreements with Vanir Construction Management, Inc., CCME, Inc., CM Pros, Ghirardelli Associates, Inc., and CSG Consultants, Inc. to provide On-Call Construction Management Services.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of January 2024, by Council Member _ __ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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56 REQUEST FOR QUALIFICATIONS
On-Call Construction Management Services
The City of Los Banos (City) is seeking qualified consulting firms to provide construction management services on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications (SOQ).

The City intends to award up to five (5) construction management firms; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ's received. Total amount payable to the Consultant shall not exceed $300,000 per year. The selected firms would be designated as pre-approved consultants to provide construction management services on an as needed basis to the city for a period of 3 years, with up to two one-year extensions. The city would select from one or more of the pre-approved firms to submit proposals for construction management services for a particular project.

All qualified firms interested in providing these services are invited to submit their SOQs. The SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this Request for Qualifications (RFQ).

It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.

The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant's SOQs. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 p.m., Pacific Daylight Time (PDT), on October 11, 2023. SOQs shall be submitted in a sealed package clearly marked "ONCALL CONSTRUCTION MANAGEMENT SERVICES" and addressed as follows:

City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.

Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 2:00 p.m., PDT, on October 11, 2023.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The City reserves the right to hold interviews or make a Consultant selection based solely on the SOQs received.

This RFQ does not commit the City of Los Banos to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure, or contract for services. The City of Los Banos reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the City of Los Banos to do so. 57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT SERVICES
VANIR CONSTRUCTION MANAGEMENT, INC.

THIS AGREEMENT is made and entered into this __ day of ____ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Vanir Construction Management, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The initial term of this Agreement shall commence on the above written date and continue for three (3) years terminating on the 18th day of January, 2027, unless terminated earlier as set forth herein. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.

2. Scope of Services. Consultant shall provide the City with the services generally described in the Scope of Services attached hereto as Attachment A. The specific Services to be provided shall be more particularly described in individual task orders issue by the City as described in Section 4 of this Agreement. The Consultant shall only perform work that is assigned in an authorized Task Order. This Agreement does not guarantee that a Task Order shall be issued.

WA VJ 2.19.2023 1
59 2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s10n. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Consultant to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. No Task Order shall be approved if the time for performance extends beyond the term of this Agreement.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Task Orders and Compensation. Specific projects will be assigned to Consultant through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 4.

4.1. Except as otherwise agreed to by the parties, City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Cost Estimate submitted by Consultant and negotiated and agreed to by the parties for each individual Task Order.

4.2. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

Except as otherwise agreed to by the parties, Consultant's Cost Estimate, including hourly rates and reimbursable expenses, shall be in accordance with Consultant's current Charge Rate Schedule set forth in Attachment B attached hereto and incorporated herein by this reference.

WA Vl2.19.2023 2
60 4.3. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.

4.4. Consultant shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.

4.5. Consultant shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order.

4.6. Consultant's bills shall identify the specific Task Order, include the name of the person who performed the work, a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.7. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:

City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635

4.8. City shall reimburse Consultant only for those costs or expenses specifically approved in the Task Order, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance Consultant's current Charge Rate Schedule.

4.9. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

4.10. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

4.11. Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably WA V12.19 .2023 3
61 anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Consultant's current Charge Rate Schedule.

4.12. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $300,000.00 per year during the term of this Agreement.
4 .13. Consultant's Charge Rate Schedule may be adjusted by the Consultant on an annual basis (one time per year) during the term of this Agreement.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during WA V12.19 .2023 4
62 the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million WAV12.19.2023 5
63 dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

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64 9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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65 11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

11.4 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

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66 12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any .financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 15 .2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

WAV12.19.2023 9
67 Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severabilih•. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNaliditv. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

WA V12.19.2023
To City:

Public Works Director/City Engineer
411 Madison Avenue
Los Banos, California 93635
To Consultant:

Vanir Construction Management, Inc.

Jerry Avalos, CCM, BIT- Area ManagerNice President
68 2444 Main Street, Suite 130
Fresno, California 93 721
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by WAV12.19.2023 11
69 reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: ______ , 202_
Date: _____ _, 202
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WAV12.19.2023 12
Vanir Construction Management, Inc.
by: Jerry Avalos
CITY OF LOS BANOS, a California
municipal corporation
by:
70 Exhibit A

SCOPE OF SERVICES

CONSTRUCTION MANAGEMENT NEEDS
The City of Los Banos has a healthy and ambitious Capital Improvement Project program. In order to meet the needs of the capital program, the city uses outside consultants, in addition to city staff. Through this agreement, the city is seeking qualified consultants to provide construction management services. The following is a minimum list of the tasks that the consultant would typically be responsible for, as may be applicable to a particular project:
• Review of contractor submittals, including but not limited to:
o materials
o design mixes
o schedules
o traffic control plans
o safety plans
o storm water pollution prevention plans
o pay requests
o shoring plans
o As-Built drawings
• Verification of pay quantities
• Materials testing as per specifications and in conformance with City of Los Banos Quality Assurance Plan •
• Daily diaries of work completed, personnel & equipment used • Employee interviews related to wages (if required)
• Verification of posting of required labor signs and regulations (if required) • General inspection of daily work & conformance with project plans & specifications • Be aware of and have contractor correct any unsafe conditions • Verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications • Prepare, in consultation with city, field orders and change orders • Inspection of detour and construction signing/public safety • Collection of certificates of compliance and weight/quantity certificates • Coordination with city departments as applicable
• Resolution of construction issues, in consultation with city and/or contractor • Resolution of citizen complaints related to the construction • Checking to make sure slopes are in compliance with ADA requirements ( e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues • Coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable
• Attend and run pre-construction meeting, periodic construction progress meetings • Inspect forms prior to concrete pours
• Insure/verify contractor's compliance with environmental document conditions or monitoring plans as may be applicable
• Any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 Rate sheet for Vanir's submittal of qualifications to provide construction management services on an on-call basis.

Vanir construction management hourly rates for the year 2023/2024 are as follows:

Stall 8ole, i<,1k·,
Principle-in-Charge $265/hour
Project Executive $250/hour
Project Director $225/hour
Resident Engineer $210/hour
Senior Project Manager/Architect $195/hour
Project Manager $185/hour
Senior Construction Manger $195/hour
Construction Manager $185/hour
Senior Project Engineer $165/hour
Project/Field Engineer $155/hour
Estimating - Senior Staff $175/hour
Estimating - Staff Support $165/hour
Scheduling - Senior Staff $175/ hour
Scheduling - Staff Support $165/hour
Constructability- Senior Staff $175/hour
Constructability- Staff Support $165/hour
Inspector I $145/ hour
Inspector II $155/hour
Inspector Ill $165/hour
Document Control Administration $100/ hour
VANIR City , 1 Construction Services RFQ
These rates will be subject to escalation on
the anniversary of the contract execution. All
sub-consultant expenses shall be subject to a
10% markup.
73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT SERVICES
CALIFORNIA CONSTRUCTION MANAGEMENT AND ENGINEERING, INC.

THIS AGREEMENT is made and entered into this __ day of ____ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and California Construction Management and Engineering (CCME), Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The initial term of this Agreement shall commence on the above written date and continue for three (3) years terminating on the 18th day of January, 2027 unless terminated earlier as set forth herein. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.

2. Scope of Services. Consultant shall provide the City with the services generally described in the Scope of Services attached hereto as Attachment A. The specific Services to be provided shall be more particularly described in individual task orders issue by the City as described in Section 4 of this Agreement. The Consultant shall only perform work that is assigned in an authorized Task Order. This Agreement does not guarantee that a Task Order shall be issued.

WAV12.19.2023 1
75 2.1 . Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Consultant to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. No Task Order shall be approved if the time for performance extends beyond the term of this Agreement.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Task Orders and Compensation. Specific projects will be assigned to Consultant through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 4.

4.1. Except as otherwise agreed to by the parties, City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Cost Estimate submitted by Consultant and negotiated and agreed to by the parties for each individual Task Order.

4.2. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

Except as otherwise agreed to by the parties, Consultant's Cost Estimate, including hourly rates and reimbursable expenses, shall be in accordance with Consultant's current Charge Rate Schedule set forth in Attachment B attached hereto and incorporated herein by this reference.

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76 4.3. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.

4.4. Consultant shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.

4.5. Consultant shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order.

4.6. Consultant's bills shall identify the specific Task Order, include the name of the person who performed the work, a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.7. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:

City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635

4.8. City shall reimburse Consultant only for those costs or expenses specifically approved in the Task Order, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance Consultant's current Charge Rate Schedule.

4.9. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

4.10. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

4.11. Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably WAV12.19.2023 3
77 anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Consultant's current Charge Rate Schedule.

4.12. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $300,000.00 per year during the term of this Agreement.

4.13. Consultant's Charge Rate Schedule may be adjusted by the Consultant on an annual basis (one time per year) during the term of this Agreement.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during WA V12.19.2023 4
78 the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates a/Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Sign,ature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liabilit Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million WAV12.19.2023 5
79 dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

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80 9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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81 11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Co11sultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

11.4 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

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82 12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 15 .2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

WAV12.19.2023 9
83 Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

WAV12.19.2023
To City:

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

CCME,Inc.

Bryan Kroeger, PE - President
84 2109 "O" Street
Merced, California 95340
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authoritv. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by WAV12.19.2023 11
85 reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: _____ _, 202
Date: -----~ 202
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WAV12.19.2023 12
CCME,Inc.
by: Bryan Kroeger, PE - President
CITY OF LOS BANOS, a California
municipal corporation
by:
86 Exhibit A

SCOPE OF SERVICES

CONSTRUCTION MANAGEMENT NEEDS
The City of Los Banos has a healthy and ambitious Capital Improvement Project program. In order to meet the needs of the capital program, the city uses outside consultants, in addition to city staff. Through this agreement, the city is seeking qualified consultants to provide construction management services. The following is a minimum list of the tasks that the consultant would typically be responsible for, as may be applicable to a particular project:
• Review of contractor submittals, including but not limited to:
o materials
o design mixes
o schedules
o traffic control plans
o safety plans
o storm water pollution prevention plans
o pay requests
o shoring plans
o As-Built drawings
• Verification of pay quantities
• Materials testing as per specifications and in conformance with City of Los Banos Quality Assurance Plan
• Daily diaries of work completed, personnel & equipment used • Employee interviews related to wages (if required)
• Verification of posting of required labor signs and regulations (if required) • General inspection of daily work & conformance with project plans & specifications • Be aware of and have contractor correct any unsafe conditions • Verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications • Prepare, in consultation with city, field orders and change orders • Inspection of detour and construction signing/public safety • Collection of certificates of compliance and weight/quantity certificates • Coordination with city departments as applicable
• Resolution of construction issues, in consultation with city and/or contractor • Resolution of citizen complaints related to the construction • Checking to make sure slopes are in compliance with ADA requirements ( e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues • Coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable
• Attend and run pre-construction meeting, periodic construction progress meetings • Inspect forms prior to concrete pours
• Insure/verify contractor's compliance with environmental document conditions or monitoring plans as may be applicable
• Any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 Exhibit B
October 11, 2023
Mr. Nirorn Than
Public Works Director/City Engineer
411 Madison Ave
Los Banos, CA 93635
Subject: Cost Proposal for On Call Construction Management Services Dear Mr. Than,
We are pleased to have the opportunity to submit this proposal for On Call Construction Management Services.

Fee:

CCME, Inc proposes to perform these services on a Time and Material basis per our rates provided below.

Classification/Title Hourly Rate
Principal EnQineer $260
Resident Engineer $250
Construction Inspector $190
Office Enqineer $130
Project Ad min $80
Cost Proposal Notes and Exclusions:

1. Assumes regular 8-hour work shifts, overtime may be charged at 1.5 times the listed rate for inspection work.

2. Hourly fee includes overhead, cell phones, vehicles and computers and profit.

3. Fee is based on non-holidays as defined by Caltrans working day calendar.

4. Inspection rates based on Prevailing Wage Determination NC-63-9-2023-1.

5. This cost proposal is negotiabie.

6. Excludes all work not specifically identified in the scope section.

7. We reserve the right to add 10% markup on subconsultant work.

Sincerely.
/, /~/----- ,·' ~
,
Bry roeger, PE
esident
CCME, Inc
6445 N. Palm Ave. Suite 106. Fresno CA 93704 P: 5593676262 E: [email protected] ccmeusa.com 89 Note: Mark-ups .are Not Allowed
Consultant -'A~lb=at,__ __ _
Project No. Los Banos, On-Call
For Combined Rate
For Home Office Rate
For Field Office Rate

COST PROPOSAL

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
D Prime Consultant II Subconsultant
Contract No. Los Banos, On-Call Contract Amount$ TBD
Fringe Benefit % + General &Administrative % = 0.00%
OR
Fringe Benefit% + General &Administrative % = 120.00%
Fringe Benefit % + General &Administrative % = 90.00%
Fee =
D 2nd Tier Subconsultant
Date 10/09/2023
Combined ICR%
Home Office ICR%
Field Office ICR%
12%

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Actual or Avg. %or$ Hourly Range - Hourtv Billinq Rates2 Effective Date of Hourly Rate Hour111 Rate4 Increase for Classifications Only Straight OT(1.5x) OT(2x) From To.

Tatevik Janvelyan, PE $197.12 $197.12 $197.12 7/1/2022 12/31/2022 $80.00 ARE/Inspector $205.00 $205.00 $205.00 1/1/2023 12/31/2023 $83.20 4% $213.21 $213.21 $213.21 1/1/2024 12/31/2024 $86.53 4%
Exempt $221.74 $221.74 $221.74 1/1/2025 5/11/2025 $89.99 4% $230.61 $230.61 $230.61 1/1/2026 5/11/2026 $93.59 4%
Justin Palmaymesa, PE $200.08 $200.08 $200.08 7/1/2022 12/31/2022 $81.20 ARE/Inspector $208.08 $208.08 $208.08 1/1/2023 12/31/2023 $84.45 4% $216.41 $216.41 $216.41 1/1/2024 12/31/2024 $87.83 4%
Exempt $225.06 $225.06 $225.06 1/1/2025 5/11/2025 $91.34 4% $234.06 $234.06 $234.06 1/1/2026 5/11/2026 $94.99 4%
Mahek Iqbal, EIT $147.84 $177.84 $207.84 7/1/2022 12/31/2022 $60.00 Office Engineer $153.75 $184.95 $216.15 1/1/2023 12/31/2023 $62.40 4% $159.91 $192.36 $224.81 1/1/2024 12/31/2024 $64.90 4%
Non-Exempt $166.32 $200.07 $233.82 1/1/2025 5/11/2025 $67.50 4% $172.97 $208.07 $243.17 1/1/2025 5/11/2025 $70.20 4%
Ken Riley $184.80 $222.30 $259.80 7/1/2022 12/31/2022 $75.00 Inspector $192.19 $231.19 $270.19 1/1/2023 12/31/2023 $78.00 4% $199.88 $240.44 $281.00 1/1/2024 12/31/2024 $81.12 4%
Non-Exempt $207.86 $250.04 $292.22 1/1/2025 5/11/2025 $84.36 4% $216.17 $260.03 $303.90 1/1/2025 5/11/2025 $87.73 4%
90 BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Actual or Avg. %or$ Hourly Range - Hourly Billing Rates2 Effective Date of Hourly Rate Hourtv Rate4 Increase for Classifications Only Straight OT(1.5X} OT(2x) From To
Eric Sisneros $184.80 $222.30 $259.80 7/1/2022 12/31/2022 $75.00 Inspector $192.19 $231.19 $270.19 1/112023 12/31/2023 $78.00 4% $199.88 $240.44 $281.00 1/1/2024 12/31/2024 $81.12 4%
Non-Exempt $207.86 $250.04 $292.22 1/1/2025 5/11/2025 $84.36 4% $216.17 $260.03 $303.90 1/1/2025 5/11/2025 $87.73 4%
Ben Reeves $147.84 $177.84 $207.84 7/1/2022 12/31/2022 $60.00 Inspector $153.75 $184.95 $216.15 1/112023 12/3112023 $62.40 4% $159.91 $192.36 $224.81 1/1/2024 12/31/2024 $64.90 4%
Non-Exempt $166.32 $200.07 $233.82 1/112025 5/11/2025 $67.50 4% $172.97 $208.07 $243.17 1/1/2025 5/11/2025 $70.20 4%
Rocky Rodgers $147.84 $177.84 $207.84 7/1/2022 12/31/2022 $60.00 Inspector $153.75 $184.95 $216.15 1/1/2023 12/31/2023 $62.40 4% $159.91 $192.36 $224.81 1/1/2024 12/31/2024 $64.90 4%
Non-Exempt $166.32 $200.07 $233.82 1/112025 5/11/2025 $67.50 4% $172.97 $208.07 $243.17 1/1/2025 5/11/2025 $70.20 4%
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Sifting rate= actual hourly rate• (1 + ICR) • (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. 91 SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant -=-Al ==ba=t'-------------------- D Prime Consuhant ra Subconsultant Project No. Los Banos, On-Call. _____ _ Contract No. Los Banos, On-Call _____ _ Date l 0/09/2_02_3_ SCHEDULE OF OTHER DIRECT COST ITEMS tAdd additional oa1?es as necessarv) Descriotion of Item
External Printinl! and Reoroduction
Color Coov
Posta2e/Deliverv/OverniPht
Personal Vehicle (Per State and Federal Reuulations)
Rental Vehicle Gas (Per State and Federal Reimlations)
Tolls Parkin!!
Per Diem (Per State and Federal Remlations)
Lodll'iol!
Airfare
Cell Phones
Office Comouters
Other Misc. Field costs fas aooroved)
Note: Add additional pages if necessary.

NOTES:

Ouantitv Unit Unit Cost
1 Actual (Note 3)
] Actual <Note 3)
1 Actual (Note 3)
Mile Note?
Day Note3
Each Note3
Day Note 3
Each Note3
Each Note3
N/C
N/C
l. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat could be used for the same purpose.

9. The cost proposal format shall not be amended. All oosts must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Total
92 Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract tenns and the foUowing requirements:

7. GeneralJy Accepted Accounting Principles (GAAP)

8. Tenns and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code ofF ederal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. AH documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifyine:

Name: Justin Palmavmesa
Signature: _______________ _
Email: [email protected]
Address: 7317 Flowerwood Wav. Sacramento, CA 95831
Title*: Vice President
Date of Certification (mm/dd/yyyy): 10/09/2023
Phone Number: (209) 815-1217
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Office Engineering
Inspection
93 Auburn Main Office:
11521 Blocker Drive, Suite 11 O
Auburn, CA 95603
(530) 887-1494, Fax (530) 887-1495
West Sacramento Office:
2491 Boatman Avenue
West Sacramento, CA 95691
(916) 375-8706, Fax (916) 375-8709

CONSULTING

BLACKBURN
~
www.blackburnconsulting.com
Fresno Office:
4186 W. Swift Avenue, Suite 107
Fresno, CA 93722
(559) 438-8411 , Alt. (559) 276-4246
2023 SCHEDULE OF FEES & SERVICES
Geotechnical ■ Geo--Environmental ■ Construction Services • Forensics • Laboratory PROFESSIONAL HOURLY RATES:

Project Engineer/ Geologist I $190 CAD/GIS $183
Project Engineer/ Geologist II $202 Lab Aide $126
Senior Engineer/ Geologist $221 Lab Manager $190
Project Manager $247 Field Services Manager $212
Construction Manager $253 Clerical $114
Senior Project Manager $278 Project Assistant $140
Principal/ Senior Consultant $318 Administrative $168
Senior Principal $363 Senior Administrative $190
SPECIAL INSPECTION PERSONNEL HOURLY RATES:

Non-Prevailing Wage Prevailing Wa e
Group 1 $167
ASNT Level 11-111, DSA Shotcrete, Lead Inspector, NICET Level IV Group2 $167
AWS-CWI, ICC Certified Structural Inspector, NICET Level Ill, Building I Construction Inspector, Shear Wall I Floor System Inspector Group 3 $146
Soils I Asphalt, Earthwork Grading, Excavation and Backfill, NICET Level II MINIMUM BASIC CHARGES:

Outside Equipment & Services
Vehicle Charge
Per Diem
Technician Services
Overtime
Cost plus 20%
$8.00 per hour or $1 .00 per mile
Location specific (minimum $180 per night)
Includes time from office and return to office
(minimum charge - 4 hours)
Over 8 hours: 1. 5 x Hourly Rate
Before 7:00am or after 4:00pm: 1.5 x Hourly Rate
$222
$217
$201
Rush Charge Qess than 24 hours notice): 1.5 x Hourly Rate Saturday: 1.5 x Hourly Rate (minimum: 4 hr. Increments) EQUIPMENT: (personnel not included)
Hand Samplin Equipment
Nuclear Moisture/ Density Testing
6" Sand Cone Testing
12" Sand Cone Testing
Coring Bit Charge ·-----·---·
Coring Machine
Dynamic Cone Penetrometer
Electrical Resistivity Equipment
Generator
Groundwater Level Indicator
Inclinometer Survey Equipment
pH Test Strip Package
$338/ Day
$22 I Test
$58/Test
$235 / Test
$58/Core
$326/ Day
$338/ Day
$309/Day
$91 / Day
$85/Day
$785/Day
$72/ Ea
Sunday & Holiaay: 2.0 x Hourly Rate (minimum: 4 hr. increments) Double Ring lnfiltrometer Equipment
Level Survey Equipment
Pachometer
Rock Point Load Test Equipment
Roto Hammer
Schmidt Hammer
Torque Wrench
Seismic Refraction: 12 / 24 Channel
MASW Survey Equipment
Traffic Control / Safety
Concrete Vapor Emission Test Kit
Pull Testing Equipment
$375/ Day
$320/Day
$163 / Day
$163/ Day
$158 / Day
$134 / Day
$91 / Day
$580 / Da~
$580 / Day
$375 / Day
$49/ Ea
$206 / Day
121612022
94 Auburn Main Office:
11521 Blocker Drive, Suite 11 O
Auburn, CA 95603
(530) 887-1494, Fax (530) 887-1495
~
Fresno Office:
4186 W. Swift Avenue, Suite 107
Fresno, CA 93722
(559) 438-8411, Alt. (559) 276-4246
West Sacramento Office:
2491 Boatman Avenue
West Sacramento, CA 95691
(916) 375-8706, Fax (916) 375-8709

BLACKBURN

CONSULTING
www.blackburnconsulting.com
2023 LABORATORY ·FEE SCHEDULE
Geotechnical • Geo-Environmental • Construction Services • Forensics ■ Laboratory

Page 1 ends

SOI CLASSIFICATION
#200 Sieve Wash ASTM 01140 $151
Sieve Analysis to #200 ASTM 06913, CAL 202 $233
Standard Hydrometer with Sieve Analysis ASTM 0422 $458
Plasticity Index ASTM D4318 $400
Specific Gravity - Soils AASHTOT100 $145
Organic Matter ASTM 02974 $30

MOISTURE I DENSITY
Moisture Content ASTM 02216, CAL 226 $54
Moisture/Density $103

SOIL COMPACTION
Standard Proctor (4" or 6N mold) ASTM 0698 $417
ASTM 01557 $417
California Impact CAL 216 $417
Check Point (Standard or Modified) $193

VOLUME CHANGE
One-Dimensional Consolidation ASTM 02435 $659
(6 load increments, includes 2 time rate curves and 2 rebound decrements) Additional Load or Rebound Decrement $46 / ea
Additional Time Rate Curves $143 /ea
Expansion Index ASTM 04829 $400
One-Dimensional Settlement Swell ASTM 04546 $295
STRENGTH _
Unconfined Compression ASTM 02166 $193
Compression, Rock Prep & Photos included ASTM D7012 $224 Rock Point Load ASTM 05731 $91
California Bearing Ratio (CBR), with curve ASTM D1883 $1,026 California Bearing Ratio (CBR), without curve ASTM D1883 $616 Resistance Value CAL 301 $453
Direct Shear: (per point)
Undisturbed ASTM D3080 $259
Remolded ASTM D3080 $333
Triaxial Compression: (per point) Photos offailure upon request Undrained, Unconsolidated no Pore Pressure ASTM D2850 $235 Consolidated, Undrained with Pore Pressure Measurements ASTM 04767 $683 Consolidated, Drained $977
Consolidated, Undrained, no Pore Pressure Measurements $386 Specimen Remolding $151
.. Client requests for rush testing require pre-approval and 20% surcharge.

Blackbum Consulting 12/6/2022
95 2023 Laboratory Fee Schedule

CORROSIVITY ANALYSIS
Corrosion Analysis Package CAL 643, 417, 422
Includes Soil Resistivity, Soil pH, Sulfates I Chlorides. Minimum size is 1,000 grams pH CTM643
Resistivity CTM643

PERMEABILITY
Flex-wall Permeability ASTM D5084
Either Constant head or Falling Head I rising Tail Water. Method depends on soil type Each Additional Effective Stress
Specimen Remolding

TREATED SOIL TESTS
% Lime for Stabilization - per point(%) ASTM 06276
pH of Soil CTM643
Modified Proctor ASTM D1557
Unconfined Compression Test ASTM D5102
One Dimensional Swell ASTM D4546

AGGREGATES
Page2of2
$423
$54
$177
$604
.,$151
$149
$168
$54
$496
$278
$278
Bulk Specific Gravity- Course & Fine Aggregate ASTM C127 & 128, CAL 206,207 $145 Coarse Durability • •• •• • • • •• CAL 229 $247
Fine Durability CAL 229 $247
Sand Equivalent CAL217, ASTM D2419 $173 ~C,.,.le_a_n-ne--'-ss---=-v-=-a-=-1u-e- ---------------------=c=--=A~L-=227 $233 Moisture Content __ C_A_L_2_2_6_/_3_7_0 _ _______ - $_13-4 Percent of Crushed Particles (per size fraction) CAL 205 $218 Fine Aggregate Angularity AASHTO T304, Method A $218
Flat and Elongated Particles (per size) AASHTO D 4791 $218 Combined Grading 1" through no. 200 CAL 2011202 $232
Bin Grading {First 2 Bins) CAL 201 / 202 $232
Each Bin Thereafter $91
LP-9 (RAP) Burn LP-9, CT382 $145

ASPHALT
Bulk Specific Gravity - Compacted Hot Mix Asphalt CAL308 $72 Theoretical Max Specific Gravity (Rice) CAL309 $254
L TMD (Set of 5) CAL375 $501
Binder Content
Ignition Oven Correction Factor CAL382 $429
Ignition Oven CAL382 $254
Solvent AASHTO T164 $320
Stability (Set of 3) CAL366 $447
Void Content
With Stability and Rice CAL367 $49

CONCRETE & MASONRY
Concrete Compression Test 6" x 12" or 4" x 8" ASTM C39 $49 ----------------- ------------',-- Masonry or Grout Compression $70 Compression Test of Cored Concrete Spec. (per core) $158 Compression Test of Shotcrete Cores (per ·core) $198
Other Tests Quoted Upon Request
* Client requests for rush testing require pre-approval and 20% surcharge.

Blackbum Consulting 12/612022
96 PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT SERVICES
C M PROS, INC.

THIS AGREEMENT is made and entered into this __ day of _ ___ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and C M Pros, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The initial term of this Agreement shall commence on the above written date and continue for three (3) years terminating on the 18th day of January, 2027, unless terminated earlier as set forth herein. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.

2. Scope of Services. Consultant shall provide the City with the services generally described in the Scope of Services attached hereto as Attachment A. The specific Services to be provided shall be more particularly described in individual task orders issue by the City as described in Section 4 of this Agreement. The Consultant shall only perform work that is assigned in an authorized Task Order. This Agreement does not guarantee that a Task Order shall be issued.

WA V12.19 .2023 1
97 2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s10n. All professional services to be provided by Consultant pursuant to . this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Consultant to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. No Task Order shall be approved if the time for performance extends beyond the term of this Agreement.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Task Orders and Compensation. Specific projects will be assigned to Consultant through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 4.

4.1. Except as otherwise agreed to by the parties, City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Cost Estimate submitted by Consultant and negotiated and agreed to by the parties for each individual Task Order.

4.2. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of .services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

Except as otherwise agreed to by the parties, Consultant's Cost Estimate, including hourly rates and reimbursable expenses, shall be in accordance with Consultant's current Charge Rate Schedule set forth in Attachment B attached hereto and incorporated herein by this reference.

WAV12.19.2023 2
98 4.3. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.

4.4. Consultant shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.

4.5. Consultant shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order.

4.6. Consultant's bills shall identify the specific Task Order, include the name of the person who performed the work, a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.7. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:

City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635

4.8. City shall reimburse Consultant only for those costs or expenses specifically approved in the Task Order, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance Consultant's current Charge Rate Schedule.

4.9. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

4.10. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

4.11. Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any WAV12.19.2023 3
99 authorized Additional Work shall be billed in accordance with the Consultant's current Charge Rate Schedule.

4.12. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $300,000.00 per year during the term of this Agreement.

4.13. Consultant's Charge Rate Schedule may be adjusted by the Consultant on an annual basis (onetime per year) during the term of this Agreement.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
7 .1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

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A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liabilit • Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the COL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to WAV12.19.2023 5
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maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical WAV12.19.2023 6
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condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either WAV12.19.2023 7
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directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

11.4 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to WA V12.19.2023 8
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Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California WAV12.19.2023 9
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employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severabilitv. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNaliditv. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

C M Pros, Inc.

Samir Messiah, PE - President
1067 Market Street, Ste. 1028
San Francisco, California 94103
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

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23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

C M Pros, Inc.

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Date: _____ -----" 202
Date: 202 - ----~
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WAV12.19.2023 12
by: Samir Messiah, PE - President
CITY OF LOS BANOS, a California
municipal corporation
by:
108
Exhibit A

SCOPE OF SERVICES

CONSTRUCTION MANAGEMENT NEEDS
The City of Los Banos has a healthy and ambitious Capital Improvement Project program. In order to meet the needs of the capital program, the city uses outside consultants, in addition to city staff. Through this agreement, the city is seeking qualified consultants to provide construction management services. The following is a minimum list of the tasks that the consultant would typically be responsible for, as may be applicable to a particular project:
• Review of contractor submittals, including but not limited to:
o materials
o design mixes
o schedules
o traffic control plans
o safety plans
o storm water pollution prevention plans
o pay requests
o shoring plans
o As-Built drawings
• Verification of pay quantities
• Materials testing as per specifications and in conformance with City of Los Banos Quality Assurance Plan
• Daily diaries of work completed, personnel & equipment used • Employee interviews related to wages (if required)
• Verification of posting of required labor signs and regulations (if required) • General inspection of daily work & conformance with project plans & specifications • Be aware of and have contractor correct any unsafe conditions • Verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications • Prepare, in consultation with city, field orders and change orders • Inspection of detour and construction signing/public safety • Collection of certificates of compliance and weight/quantity certificates • Coordination with city departments as applicable
• Resolution of construction issues, in consultation with city and/or contractor • Resolution of citizen complaints related to the construction • Checking to make sure slopes are in compliance with ADA requirements ( e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues • Coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable
• Attend and run pre-construction meeting, periodic construction progress meetings • Inspect forms prior to concrete pours
• Insure/verify contractor's compliance with environmental document conditions or monitoring plans as may be applicable
• Any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications
109

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~ CMPROS
No. Classifications
1 Principal
2 Resident Engineer
3 Construction Manager
4 Scheduler
5 Estimator
6 Inspector
7 Construction Office Engineer
8 Document Control
9 Admin
14 Not Used
Exhibit B
C M Pros' Hourly Rates
11-0ct-23
2023 2024 2025
$ 250.00 $ 262.50 $ 275.63
$ 220.00 $ 231.00 $ 242.55
$ 220.00 $ 231.00 $ 242.55
$ 190.00 $199.50 $ 209.48
$ 185.00 $194.25 $ 203.96
$ 170.00 $178.50 $187.43
$ 160.00 $168.00 $176.40
$ 135.00 $141.75 $148.84
$ 125.00 $131.25 $137.81
Each year rate apllies from January 1st to December 31.

Other charges:
2026
$ 289.41
$ 254.68
$ 254.68
$ 219.95
$ 214.16
$196.80
$185.22
$156.28
$144.70
Cars and Trucks actual mileage will be charged at the published federal rates.

Other Direct Costs (ODC) At cost plus 10%
Monthly Charges:

Computer $ 100.00
Printer $ 40.00
Mobile Phones $ 110.00
Construction Truck $2,200.00
2027 2028
$ 303.88 $ 319.07
$ 267.41 $ 280.78
$ 267.41 $ 280.78
$ 230.95 $ 242.49
$ 224.87 $ 236.11
$ 206.64 $ 216.97
$194.48 $ 204.21
$164.09 $172.30
$151.94 $159.54
.s,1
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112

PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT SERVICES
GHIRARDELLI ASSOCIATES, INC.

THIS AGREEMENT is made and entered into this __ day of _ _ __ 202 _, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Ghirardelli Associates, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The initial term of this Agreement shall commence on the above written date and continue for three (3) years terminating on the 18th day of January, 2027, unless terminated earlier as set forth herein. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.

2. Scope of Services. Consultant shall provide the City with the services generally described in the Scope of Services attached hereto as Attachment A. The specific Services to be provided shall be more particularly described in individual task orders issue by the City as described in Section 4 of this Agreement. The Consultant shall only perform work that is assigned in an authorized Task Order. This Agreement does not guarantee that a Task Order shall be issued.

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2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s10n. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Consultant to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. No Task Order shall be approved if the time for performance extends beyond the term of this Agreement.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Task Orders and Compensation. Specific projects will be assigned to Consultant through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 4.

4.1. Except as otherwise agreed to by the parties, City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Cost Estimate submitted by Consultant and negotiated and agreed to by the parties for each individual Task Order.

4.2. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

Except as otherwise agreed to by the parties, Consultant's Cost Estimate, including hourly rates and reimbursable expenses, shall be in accordance with Consultant's current Charge Rate Schedule set forth in Attachment B attached hereto and incorporated herein by this reference.

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4.3. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.

4.4. Consultant shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.

4.5. Consultant shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order.

4.6. Consultant's bills shall identify the specific Task Order, include the name of the person who performed the work, a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.7. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:

City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635

4.8. City shall reimburse Consultant only for those costs or expenses specifically approved in the Task Order, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance Consultant's current Charge Rate Schedule.

4.9. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

4.10. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

4.11. Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any WAV12.19.2023 3
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authorized Additional Work shall be billed in accordance with the Consultant's current Charge Rate Schedule.

4.12. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $300,000.00 per year during the term of this Agreement.

4.13. Consultant's Charge Rate Schedule may be adjusted by the Consultant on an annual basis (one time per year) during the term of this Agreement.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

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A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VU ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to WAV12.19.2023 5
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maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical WA V12.19.2023 6
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condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either WA V12.19.2023 7
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directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

11.4 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to WA V12.19.2023 8
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Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 15 .1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California WAV12.19.2023 9
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employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Ghirardelli Associates, Inc.

Randall Bruner, PE - President/CEO
2055 Gateway Place, Ste. 470
San Jose, California 95110
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such WA V12.19.2023
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notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authoritv. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

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Date: -----~ 202
Date: _____ _, 202
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WAVU.19.2023 12
Ghirardelli Associates, Inc.
by: Randall Bruner, PE- President/CEO
CITY OF LOS BANOS, a California
municipal corporation
by:
124
Exhibit A

SCOPE OF SERVICES

CONSTRUCTION MANAGEMENT NEEDS
The City of Los Banos has a healthy and ambitious Capital Improvement Project program. In order to meet the needs of the capital program, the city uses outside consultants, in addition to city staff. Through this agreement, the city is seeking qualified consultants to provide construction management services. The following is a minimum list of the tasks that the consultant would typically be responsible for, as may be applicable to a particular project:
• Review of contractor submittals, including but not limited to:
o materials
o design mixes
o schedules
o traffic control plans
o safety plans
o storm water pollution prevention plans
o pay requests
o shoring plans
o As-Built drawings
• Verification of pay quantities
• Materials testing as per specifications and in conformance with City of Los Banos Quality Assurance Plan
• Daily diaries of work completed, personnel & equipment used • Employee interviews related to wages (if required)
• Verification of posting ofrequired labor signs and regulations (ifrequired) • General inspection of daily work & conformance with project plans & specifications • Be aware of and have contractor correct any unsafe conditions • Verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications • Prepare, in consultation with city, field orders and change orders • Inspection of detour and construction signing/public safety • Collection of certificates of compliance and weight/quantity certificates • Coordination with city departments as applicable
• Resolution of construction issues, in consultation with city and/or contractor • Resolution of citizen complaints related to the construction • Checking to make sure slopes are in compliance with ADA requirements (e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues • Coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable
• Attend and run pre-construction meeting, periodic construction progress meetings • Inspect forms prior to concrete pours
• Insure/verify contractor's compliance with environmental document conditions or monitoring plans as may be applicable
• Any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications
125

THIS PAGE IS INTENTIONALLY LEFT BLANK
126
Exhibit B

PROFIT (FEE) WORKSHEET TOOL
Contract Type: CM I Contract Name:! Los llaios On-Call Construdion Management Services Federal Project No.:

Project Name:

Consultant Name:

Profit/Fee Factors

1. Complexity
.blliflClllion:

2. Delivery Schedule
Justification:

3. Cost Risk
Justification:

4. Assistance/Ovensight by LPA
Jusllfk:atlon:

5.Subcontracting
Justification:

6. Contract Amount

1.,.,,.~, poim value 11n1111 on "''"' or ... 111,na,
Contract plus any current or expected
amendments:

NA I LPA Prolect No.: I
Los Banos On-Call Construction Manaaement Services
Ghirardelli Associates Inc.

0.050
Low

0.050
Low

0.050
Low

0.050
Extensive

0.000
None

0.050
>$1,000.001

0.075
Low-Aft.

0.075
Low-Ave.

0.075
Low-Ave.

0.075
AboveAve.

0.050
Minimal
(1 sub)

0.075
$500,001-
$1,000,000
Rating Points

0.100
Average

0.100
Averaaa

0.100
Awnne

0.100
A-.ae

0.100
Moderate
(2to3subs)

0.100
$250,001 • $500,000

0.150
AboveAve.

0.150
Above Ava.

0.150
Above Ave.

0.150
BelowAve.

0.150
Above Ava.
(4to6subs)

0.150
$100,000 •
$250,000
NA

0.250
High
I
Standard
Points Assigned Weight
I 0.1 I 20.0 I
Value
2 0.250 I 01 I 20.0 I t Hiah ._ ___ _. _ __ .._ __
o.2so I 0.1s I 20.0 I l Hlah ._ ___ ....... ____ .._ _ _ r.lnlmaJ o.2so I _ ___ 0.1s ....._ I __ ts.o ......,, I _ us _ ~

0.250 I Q,05 I 15.0 I 0.75
Extensive
~7subs)

0.250 I 0.1 I 10.0 I 1
<$100,000
Calculated Fee~
This worksheet was completed based on consideration of the instructions and the above criteria by:

LPAName: Date:

Title:

Notes:

1. This worksheet is to be used as a tool only. Local public agencies may mod~y as necessary but prof~ factors & ma>cimum fee must meet LAPM Chapter 10 and 23 CFR 172.11.

2. To prope~y compl91e this wcr1<sheet, review guidance on the attached "Profit Factor Scoring" and "Instructions & Limitations" sheets.

3. Select the appropriate point value for each Profd Factor and enter value in the "Points Assigned" colum1t

4. f appropriate, point values that fall in between the normal gradations may be used when scoring subjective prorrt faclanl.

5. This worksheet is used to develop consultant prof rt ot:jecfives for purposes of re901iation. Enter final agreed-to profit in record d negotiations or Cost Analysis worksheet.

6. Fixed fees in mocess of 15 percent of the total cfrect labor and indirect costs of the contract may be justified only when exmptional circumstances exist

7. Keep a copy of cornple!ed Profrt/Fee Workshaa!s in the Comacl Administration file. 03115/2021
127
Local Asllstlnce Proctd ra Maaal
Coa,uHanl
EXHmlT l~Hl COST PROPOSAL PAGE I OF 12
SPF;CJFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS NEEDED CONTRACTS) (CONSTRUCTION ENOINEERINO AND lNSPECllON com'RACTS)
()hi;udclli AMociatcs In<. ■ Prime Conrultaat O Subc;omultant Project No. LA-~Ooll Controc1No. Participation. Amount NIA 0 2nd Ti« Sob«JnJultant
Date 9/20/2023
·or Combined Rate
;fringe Benefit
•or Home Office RII<
•ringe Benefit
For Field Offioc Rate
Fringe Benefit
I

34.34%
BILUNG lnlonnatlan
Name/Job titk/C'la11lne1U..1
I. Hum Meii.o, PE .,.,n

2. PM/RE
l .Consl Imr:-t,,.. Oro1.-. 2
0 4. Exemm .......... w w..-. 5. MTuno Shift
NC-63-3-9-2022-1
I. Htllla Mciia. PE FIFlD

2.PM/RE
a.Const. Ins-'"r G--.... 2 •
0 I.Exemot PnMtilm w .... !. MTime N- Shift
N~l..J-&.2022-1
l."'•- Meiia. PE FE..D
~. PM/RE
tl.Cmst. '"•~ctor Gniuo2
, . .......... Non-Prevailina
!. Full Time w..., wodt 0
+ Overhead 88.20% +
OR -·
+ Ovorh.,.d +
----
+ Overhead +
Raurfy Dillin• Rata1
SlnllE\t OT (J .51) OT (J1(
$234.67 $234.67 $297.34
0 5234.67 $237.47 $309.19
0 $244.06 $244.06 $309.19
0 $253.82 $253.82 $309.19
$263.97 $263.97 $309.19
$274.53 $274.53 $309.19
$234.61 $254.08 $331.92
0 $234.67 5263.72 $343.78
0 5244.06 5263.72 5343.78
0 5253.82 $263.72 S34l.78
$263.97 $263.97 5343.78
$274.53 $274.53 1343.78
$234.67 $234.67 $234.67
0 5234.67 5234.67 $234.67
0 $244,06 $244.06 S244.06
S2S3.82 $253.82 5253.82
$263.97 S263.97 S263.97
0 $27'-53 S274.Sl 5274.53
Ocncnil Administnlivc 0.00% = 122.54% Combined !RC %
G"'""1 Adminimrtivc - 0.00% Horne Office !RC%
General Administrative - 0.1)(!% Field Office IRC %
FEE- II%
JallOII roraatioll
Effecli.w date othourty ntc ActtlalGrAv&, %•r$ Hearty Rance lor f,- To Hourlynte' , ....... cla11lficatioa oaly
09120/23 06/30/24 5 95.00 - 07/01124 12/31/24 $ 95.00 0% 01/01125 12/31/25 s 98.80 4%
01/01/26 12/31126 s 102.75 4%
0111)1/27 12131/27 s 106.86 4%
0111>1/28 12/31128 $ 111.14 4%
09/20/23 06130/24 s 95.00 - 07/01/24 12/31/24 s 95.00 0% 01/01/25 12131/25 5 98.80 4%
01/01/26 12131/26 s 102.75 4%
01/01/27 12131/27 $ 106.86 4%
01/01/28 12131/28 s 111.14 4%
09120/2] 12/31/23 $ 95.00
0111>1/24 12131/24 s 95.00 - 01101125 12/31/25 $ 98.80 4'Y, 01/01/26 12131/26 s 102.75 4%
01/01127 12131/27 $ 106.86 4%
01/01128 12131128 s 111.14 4%
\\fs01\Accnunting\Projects-Active\P23273 • Los Banos On call\Proposal\P23273 - Exhibit 10-H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 Ex•lblt 10-Hl
Colt Propout
I
Jaury2018
128
Local Aalsta ■tt Proctdarn M1 u1I
I. Man McKc:on PE ~ELD $239.49 $287.96 $336.44 09/20123 06/30/24 s 96.95

2. RE/lnso 0 $239.49 5287.96 $336.44 07/01124 12/31124 s 96.95

3.Const In,_,.._ Orouo 2 0 5249.06 S29M8 $349.89 Ol/0112!l 12/31125 s 100.83 0 0 $259.03 $311.46 $363.89 01/01126 12/31126 s 104.86

4. Non-EJ«:m'" l'Rvailin• Wa .. $269.39 $323.92 $378.44 01/01127 12/31127 s 109.06

5. Full Time Dao Shift $280.16 $336.87 $393.58 01/01128 12/31/lS s 113.42 NC-63-3-9-2022-1
I.MattMcKc:on PE FIEID $239.49 S287.96 $336.44 09120l23 06/30/24 s 96.95

2. RE/lnsn 0 $239.49 $287.96 $336.44 07/01124 12131124 s 96.95 J.Const. lns- or. Groan 2 0 $249.06 $299.48 $349.89 01/01125 12131/25 s 100.83 0 0 $259.03 $311.46 $363.89 01/01/26 12131126 $ 104.86
4,Noo-e:..m .. Prevailin1 w.,.. $269.39 $323.92 $378.44 01/01/27 12131/27 $ 109.06 S. Fu!ITIDIC Nlllh! Shift $280.16 $336.87 $393.58 01/01/28 12131/28 $ 113.42 Nc-83-3-9-2022· 1
I. Matt McKcon. PE IFIELD $239.49 $287.96 $336.44 09120n.J 12131/23 s 96.95 :Z.RMn,o 0 $239.49 $287.96 $336.44 01/01/24 12131/24 $ 96.95

3.Con,L ln,,....0 r. Orou• 2 0 $249.06 $299.48 $349.19 01/01/25 12/31/25 s 100.83 ~. Non-Excm"' Non-Prcvailinr $259.03 $311.46 $363.89 01/01/26 12131/26 $ 104.86 ~. Full Time W..e Work $269.39 $323.92 $378.44 01/01/27 12/31127 s 109.06 S280.16 $336.87 $393.58 01/01128 12131/28 s 113.42
I. Gina Prdtb"k. Pt. OSD FlEU) $231.46 $239.51 $309.01 09/2M3 06/30124 s 93.70

12. RE/Inn, 0 $231.46 $249.14 $320.87 07/01124 12/31124 $ 93.70

3.Const.Ios- Groul"l 2 0 $240.72 $249.14 S320.87 01/01125 12/31125 s 97.45 0 0 5250.34 $250.34 $320.87 01/01126 12/31126 s 101.35
~-Excmm PrevaHin• Wnli! $260,36 5260.36 $320.87 01/01/27 12/31127 s 105.40

5. Full Time Dav Shift $270,77 $270.77 $320.17 01/01128 12/31/28 $ 109.62 NC-63-3-9-2022-1
I. Gina Prdtlit.. P£. OSD FIElD $231.◄6 $265.76 $343.59 09/20123 06/30124 s 93.70

12. RE/lntD 0 S231.46 5275.39 sm.◄s 07/01124 12/31124 s 93.70 Ll.Const. 111.- -. Grou, 2 0 S240.72 S275.39 $355.45 01/01125 12/31125 s 91.45 0 0 $250.34 $275.39 S355.45 01/01126 12/31/26 s 10135
•. Extmr< Prevailin• Wuc $260.36 $275.39 $355.45 01/01127 12/31127 $ 105.40

5. Full lime NiohtShift $270.77 $275.39 $355.45 01/01121 12/31128 $ 109.62 NC-63-3-9-2022-1
I, Gina Pn:11111'.. PE. ~ D FllllD $231.46 S23l.46 $231.46 09/20/23 12/31123 $ 93.70

2. RE/lnsn 0 $231.46 $231 .46 S231.46 01/01124 12/31124 s 93.70

3.Const Ins...,.-. Grouo 2 o S240.72 $240.72 $240.72 01/01125 12/31/25 s 97.4S

4. f:xemlll Non-Prevail in■ $250.34 $250.34 $250.34 01/01126 12/31/26 $ 101.35

5. Full1"ime w .. cwork $260.36 $260.36 $260.36 01/01/27 12131127 s !OMO 0 $270.77 S270.77 $270.77 01/01128 12131/28 $ 109.62
\\fs01\Attountlng\Pro]eC1S-Attlve\P23273 - Los Banos On tall\Proposal\P23273 - Exhibit 10-H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 -
0%
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t.•1111110-Hl
Cost Proposal
·JaDUl"J 2011
129
Local A11J1t11ce Procedarn MIIUII

1. Wali Waziri PE FIELD $203.54 $244.74 $285.94 09120123 Oli/30/24 $ 82.40 ~- RFJ!nso 0 $203.59 $244.74 $285.94 07/01124 12/31124 5 82.40 ~.Coast. 1ns,-1or Groun 2 0 $211.69 5254.53 $297.38 01/01/25 12/31/25 s 85.70 0 0 $220.15 $264.72 $309.28 01/01/26 12/31/26 s 89.12
◄. Non•Excmn< Prcvailini! Wat'I: $228.96 $275.30 $321.65 01/01/27 12/31127 s 92.69

5.FullTlme Dey Shift $238.12 $286.32 $334.51 01/01128 12/31128 s 96.40 NC-63-3-8-2022-1
I. Wali Waziri PE FJELD $214.08 $244.74 $285.94 09/20/23 Oli/30124 s 82.40

2. RFJTo.., 0 $221.49 $244.74 $285.94 07/01124 12/31124 s 12.40 ~.Const. Ins c><ctlll'. Grouo 2 0 $221.49 $254.53 $297.38 01/01125 12/31/25 $ 85.70 0 0 5221.49 $264.72 $309.28 01/01/26 12/31126 $ 89.12
~- Non-&cm<t l'n:vailiru! Wuc $228.96 $275.30 S321.65 01/01127 12/31127 s 92.69 S. PullTimc Ni"11Shifl $238.12 $286.32 $334.51 01/01128 12/31/28 s 96.40 N~3-9-21122·1
I. Wali Waziri PE FIELD $203.54 $244.74 $285.94 09/20123 12/31/23 s 12.40

12. RF,-,. 0 $203.54 S244,74 $285.94 01/01124 12/31/24 s 82.40

2. lnsn/OE 0 $198.20 $225.81 $253.43 07/01124 12/31124 $ 60.00

3.Coost. lns ...... or. Orouo 2 0 $198.20 5224.05 $249.90 01/01125 12/31/25 s 62.40 0 0 $198.20 5222.22 $246.23 01/01126 12/31126 s 64.90

4. Non•Excm"' Prevailm• Wh o S198.20 S220.JI $242.42 01/01127 12/31127 $ 67.49

5.FullTimc Da• Shill $198.20 $218.32 $243.58 01/01128 12/31/28 $ 70.19 I. Alejandro Avila FIELD $208.70 $242.43 $276.16 09120/23 06/30/24 $ 60.00

2.lnsll/0£ 0 $216.11 $252.06 $288.01 07/01124 12/31/24 $ 60.00 ).Const lnsntctor Groun 2 0 5216. 11 $250.30 $284.48 01/01125 12/31125 s 62.40 0 0 $216.11 $248.46 $280.82 01/01126 12/31/26 s 64.90

4. Non·Excmm PmaiHn• ■ ~ $216.11 $246.55 $277.00 01/01127 12131127 s 67.49 ' S.FullTime Ni!IIIIShift S216.11 $244.57 $273.03 01/01128 12131128 s 70.19 Nc:-e3-3-9-2022· 1
I. Alelandro Avila FIELD $148.21 S178.21 $208.21 09120/23 12/31123 s 60.00

2. lnsnlOE 0 $148.21 $178.21 $208.21 01/01/24 12/31124 s 60.00 J.Const. 1ns-. Grou• 2 0 $154.14 $185.34 $216.54 01/01/25 12/31/25 s 62.40

4. Nan-ExcmN Non-Prcv111ilint1 Sl60.31 $192.75 $225.20 01/01/26 12/31126 s 64.90 .!.Full Time Wa-;,c Work S166.72 $200.46 $234.21 OI/Ol/l7 12/31127 s 67.49 $173.39 5208.48 5243.58 01/01/28 12/31/28 $ 70.19
\\fs01\Accounting\Pro)ects-Active\P23273 • Los Banos On call\Proposal\P23273 • Exhibit l.O-H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 -
0%
4%
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E.•lbit 10-Hl
CO!t Proposal
J1nu1ry 2018
130
Local As1lu11nce Procedaru nual

1. Chao Bune FIELD S199.40 S217.41 S243.05 09/20/23 06130/24 s 70.04

2. lnsrl/OE o S206.81 $227.04 5247.28 07101/24 12/31124 s 70.04 ).Coost. lmfCCU>r. GJvu• 2 O $206.81 5224.98 $252.TT 01101/25 12/31/25 s 72.84 0 O $206.81 5225.01 $262.19 01/01/26 12/31/26 s 75.76

14.Non-El<.cmnl Prcvailin-., Wai.'C 5206.81 $234.01 $273.40 01/01/27 12131/27 $ 78.79 S. FuUTlmc Da• Shill $206.81 $243.37 $284.34 01/01/28 12131/28 $ 81.94 N~-2022-1
I.ChanBwic FIElD $217.30 $243.65 5270.00 09/20(.!] 06130/l4 $ 70.04

12. ln<o/OE O 5224.71 S253.29 $281.86 07/01/24 12131/24 $ 70.04 IJ.Cons~ Ins-Of. Grou• 2 0 5224.71 $251 .23 $2TT.74 01/01/25 12131/lS $ 72.84 0 O 5224.71 $249.09 $273.46 01/01/26 12131/26 $ 75.76

14. Non-Excmot l'RvaiHn• W..,, 5224.71 $246.86 $273.40 01/01/27 12/31/27 $ 78.79 13 . FuD Time NlahtShlft 5224.71 S24U4 $284.34 01/01/28 12131/28 s 81.94 NC-63-3-9-2022-1
I.ChanBunc FIELD 5173.01 $208,03 $243.05 09/20/23 12131/23 s 70.04

2.ln>....OE O Sl73.0I $208.03 $243.05 01/01/24 12131/24 $ 70.04 3 .Const. tn,....,or Grouo 2 0 $179.93 S216.35 S252. 77 01/01/25 12131/25 $ 72.84

4. Noo-Exemtt ,.,,__Prcvailin• S187.13 sru.01 $262.89 01/01/26 12131126 s 75.76

5. f1111Tune Wa.., Woric $194.6l $234.0I $273.40 01/01/27 12131/27 $ 78.79 $202.40 5243.37 $284.34 01/01/28 12131/28 $ 81.94
I.OzMeiia l'1l!IJ) $201.32 $242.07 S282.82 09/20/23 06/30/24 $ 81.50

2. Jn.,IIOE 0 $201.32 $242.07 $282.82 07/01/24 12/31/24 $ 81.50

3.Const. lns""'tor Groun 2 0 S209.37 s:m.15 $294.13 01/01/25 12131/25 s 84.76 0 0 $217.75 $261 .82 $305.90 01/01/26 12/31/26 s 8&.15
, . Non-Exem,. """"'ilin• w- $226.46 $272.30 5318.13 01/01/27 12/31/27 s 91.68 S. FullTimc DIIY Shlft $235.52 5283.19 $330.86 01/01/28 12131/28 s 95.34 N~3-3-9-2022·1
I.Oz Mella FIElD 5201.32 $242.07 $282.82 09/20/23 06/30/24 s 81.50

2. ln,..,..E 0 5205.83 $242.07 $282.82 07/01/24 12131/24 s 81.50

3.Const. 1ns .. ..,.. Grouo 2 O S209.37 5251.75 $294.13 01/01/25 12131/2S $ 84.76 0 0 S217.75 S261.B2 $305.90 01/01/26 12131/26 s 88.15
4, Non-E,u:m"' l'Rvailioo W..,. $226.46 S272.J0 $318.13 01/01/27 12131/27 s 91.68 s. Full Time Nlllhl Sllffl $235.52 $213.19 $330.86 01/01/28 12131/28 s 95.34 NC-63-3-11-2022-1
I. OzMc:iia FIELD $201.32 $242.07 $282.82 09/20/23 12/31/23 $ 81.50

2. ln<n/OE 0 $201.32 $242.07 $282.B2 01/01124 12/31/24 s 81 .50

3.Const In,,..,. ... Groun 2 0 $209.37 $251.75 $294.13 01/01/25 12/31125 s B4.76

4. Nort-Excmll! Non-Prevailin11 • S217.75 $261.82 $305.90 01/01/26 12131/26 s 88.15

5. FullTim< w ... woric S226.46 S272.30 S318.13 01/01/27 12/31/27 s 91.68 S235.52 S283.19 $330.86 01/01128 12131/28 s 95.34
\\fs01\Accounling\Projects-Active\P23273 • Las BanDS On call\PrOl)osal\P23273. Exhibit 10-H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 -
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1:Jhlblllll-Hl
Co,tl'rot>-1
January 2All8
131
Loc:11 Aabta ct Proudu.rn M1au11
I. Roland Bod FIELD $215.0S $236.93 $276.82 09/20123 06130/24 s 79.77

2. lnso 0 $222.46 $236,93 $276.82 07/01124 12/31124 s 79.77 3,Const. Ins~ - Groua 2 0 $222.46 $246.41 S287.89 I 01/01125 12/31125 s 82.96 0 0 $222.46 $256.27 $299.41 01/01126 12/31126 s 86.28

14. Non-Exemnt Prevailinli W3R $222.46 $266.52 $311.38 01/01127 12/31127 s 89.73

5. FuUT;mc oa, Shift $230.52 $277.18 $323.84 01/01128 12/31/28 s 93.32 NC-63-3-9-2022·1
I. Roland Bod FIELD $232.96 $252.16 $276.82 09120/23 06130/24 $ 79.77

2. lnsn. 0 $240.37 $261.79 $283.21 07/01124 12131/24 s 79.77 ].Const. lns0<- Grouo 2 0 $240.37 $259.45 $287.89 01/01125 12/31125 s 82.96 0 0 $240.37 $257.01 $299.41 01/01126 12131126 s 86.28

4. Non-&emOI IPttvailin• w,,. $240.37 $266.52 $311.38 01/01127 12131/27 s 89.73 S. FuUTnne Niahl Shift $240.37 $277.18 $323.84 01/01/28 12/31121 s 93.32 N~-9-2022-1
I.Roland Bod FIELD $197.05 $236.93 $276.82 0912-0123 12131123 $ 79.77

2. lnso 0 $197.05 $236.93 $276.82 01/01124 12131124 s 19.11

3.Const. Jns- n•, Grouo 2 0 $204.93 S246.41 $287.89 01/01125 12131n5 s 82.96

4. Non-ExemOI Non-Prevailina $213,13 $256.27 $299.41 01/01126 12/31126 $ 86.28 S. FullT,mc w ... wo<1c $221.65 $266.52 $311.38 01/01127 12/31127 s 89.73 $230.52 $277.18 $323.84 01/01/28 12131/21 s 93.32
I.Pe~ "'- F!ElD $198.04 $223.33 $260.92 09/20/23 1161.l0/24 s 75.19

2. lnsn 0 $205.45 $223.33 $260.92 07/01/24 12/31/24 $ 75.19

3.Consl lru "'oor Groun 2 0 $205.45 $232.26 $271.36 Ol/Ol/25 12131/25 s 78.20 0 0 $205.45 $241.55 SUl.22 OJ/01/26 12131/26 s 81.33

4. Non-Exem« Prevallin1 Wuc $208.93 $251.21 $293.50 01/01127 12/31127 s 84.58 S. PIIIITnuc Dav Shift S217.28 $261.26 SJOS.24 01/01/28 12131128 s 87.96 NC-&-3-9-2022-1
I. Perl:¥ ... ,. ... ......, FIELD $215.95 $238.52 $261.08 09/20/23 06/30/24 s 75.19

11. Insn 0 $223.36 $248.IS $272.94 07/01/24 12131/24 s 75.19

3.Const Jnsn<ctor Groon 2 0 $223.36 $245.94 $271.36 01/01/25 12/31n5 s 78.lO 0 0 5223.36 $243.64 $282.22 01/01/26 12/31/26 $ 81.33

4. Non-Exemn1 Prevailine W•fll $223.36 $251.21 5293.SO 01/01/27 12131127 $ 84.58

15. PIIIITimo N""" Shill 5223.36 $261.26 S305.24 01/01128 12131/28 s 87.96 NC-63-3-9-2022-1

1.-Ma<a ... FIEID SISS.73 $223.33 $260.92 09/20/23 12/31123 $ 75.19 l ln1n O SlBS.73 $223.33 $260.92 Olllll/24 12/31124 $ 75.19

3.Coml las- o, Groun 2 o S193.16 $232.26 $271.36 Olllll/25 12131125 $ 78.20

14.Non-ll><emnt ~ n-Pn:vailinv $200.89 S241.SS $282.22 01/01/26 12/31/26 s 81.33

5.FullTimc Wu eWork $208.93 S251.21 $293.SO 01/01/27 12131/27 s 84.58 $217.28 S261.26 $305.24 Ol/01/28 12131128 $ 87.96
\\ls01\Acc:ounting\Pmjects-Active\P23273 - Los Banos On call\Proposal\P23273 • Exhibit 10-H4 CCst Proposal and 10-h2 Grand Template FY2023 after 070123 -
0%
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Eull1illl•Hl
Colt Pr<1poul
.JIDHl')'2011
132
Loctl A111!tancc Procedura Manual

1. Dennis Miller FIELD $193.78 $230.04 $268.77 09/20/23 06/30/24 $ 77.45 ~-lnsn 0 $201.19 $230.04 $268.77 07101'24 12131'24 $ 77.45

3.Const. Ins.....,,. Groua 2 0 $201.19 $239.24 $279.52 0110112.5 12/31'25 $ so.,, 0 0 $206.93 $248.81 $290.70 01/0lf26 12/31'26 s 13.77

4. Non-Exemnt Prevaitina Wau $21'.21 5258.77 $302.33 01/01'27 12/31f27 s 87.12 S. Full Time D.nShift $223.81 $269.12 $314.42 01/0lf28 12131'28 s 90.61 NC-63-3-G-2022-1
I. Dennis Miller FIELD $211.69 $232.59 $268.77 09120f23 06130/'24 $ 77.45

2. lnso 0 $219.10 S242.23 $268.77 07/01124 12131124 $ 77.45

3.Const. Jns..,.,or Grou~ 2 0 $219.10 S239.95 $279.52 Ol/01125 12131125 $ 80.55 0 O $219.10 $248.81 $290.70 Ol/01126 12131126 s 83.77

4. Non-Exemnt Provai1int Wo« $219.10 Sl,8.77 $302.33 01/01127 12131127 s 87.12 S.Full Time Nfcld Shill $223.81 $269.12 $314.42 Ol/01/28 12131128 s 90.61 NC-63-3-G-2022-1

1. Dennis Miller FIELD $191.32 $230.04 $268.77 09/20/23 12131123 s 77.45

12. lnsn 0 $191.32 $230.04 $268.77 01/01124 12131124 s 77.45 tl.Coost. Ins- nr, Groun 2 0 $198.97 $239.24 $279.52 01/01125 12131125 $ 80.55 ~-Non-Excmot Non-Prevail in a $206.93 $248.81 $290.70 01/01126 12131126 s 83.77

5. Full Time W, = Work $215.21 $258.77 $302.33 01/01127 12131127 $ 87.12 5223.81 5269.12 $314.42 01/01'28 12131128 $ 90.61
I. Gabriel Alva=: flE[D $182.39 $201.97 $235.97 Oll/20/23 06/30/24 $ 61.00 ~. Ins• 0 $189.80 $211 .53 $235.97 07/01/24 12131124 $ 68.00 ll.C<mst. lM-rlor Grou• 2 0 $189.80 $210.05 $243.41 01/01'25 12/3112.5 s 70.72 0 0 $189.80 $218.45 $255.23 01/01'26 12131126 $ 73.SS

14. Non.f:xemoc IPttnilin• Waiie $189.80 $227.19 $265.44 01/01127 12131/27 s 76.49 ls. Full Time Dav Shift $196.50 5236.28 $276.06 01/01128 12131'28 $ 79.5S NC-63-3-G-2022-1
I. Gabriel Alvarez FIElD $200.29 $228.14 $255.99 09/20/23 06130/24 s 68.00

2.•- 0 $207.71 $237.78 $267.85 07/01'24 12131124 $ 68.00

3.Const. lm"""l<l<. Grau• 2 0 $207.71 $235.78 $263.85 01/0112.5 12131125 $ 70.72 0 0 $207.71 $233.70 $259.69 01/01'26 12131'26 s 73.55

4. Non.f:xemot PTPvAilin!l Wacc S207.71 $2)).54 $265.44 01101/27 12131/27 $ 76.49

5. FullTime Nlahl Shlft $207.71 $236.28 $276.06 01/0lflR 12131'28 s 79.SS NC~2022·1
I. Gabriel Alvan:z FIELD $167.97 S201 .97 $23S.97 09/20/23 12/31123 s 68.00

2.lm• · 0 $167.97 $201.97 $235.97 OI/Olf24 12131124 s 68.00 J.Coost. lns_.or, Groon 2 0 $174.69 $210.0S $245.41 01101125 12/31125 $ 70.72

4. Non-Excmot N-vailina S181.68 $218.45 S2S5.23 01101/26 12131126 s 73.,S S.FullTimc Wu eWork 5188.95 5227.19 $265.44 01101127 12131/27 $ 76.49 $196.SO 5236.28 $276.06 01/01/28 12131128 $ 79.55
\\fs01\Accounting\Projects• Actlve\P23273 • Los llanos On call\Proposal\P23273 • Exhibit 10-H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 -
IJ"/4
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l:xltiblt 10-Hl
Cost Proposal
January2tll
133
Local AIIIJClnc:e Procedurc1 M111HI
I. H-"1indc, SinO!II FIELD $183.19 $220.27 $257.35 09/20/23 06/30/24 s 74.16

2. lnsi> 0 $190.25 5220.27 $2S7.3S 07/01/24 12/31/24 s 74.16

1.CoMt. In,....,., Grouo 2 0 $190.52 $229.08 $267.64 01/01/25 12/31/25 $ 77.13 0 0 $198.14 $238.24 $278.35 01/01/26 12131/26 s 80.21

4. Non-Excmlll Prevailin.u. Wa~ $206.06 $247.77 $289.48 01/01/27 12/31/l7 s 83.42 S. Full Time Da• Shllt $214.31 $2'7.68 $301.06 01/01/28 12131/28 s 86.76 NC~2022·1
I. Harlindcr Sindl FIELD $200.75 5224.07 $257.35 09/20/23 06/30/24 s 74.16

2. lnsn 0 $208.16 $233.71 $259.25 07/01/24 12/31/24 s 74.16

3.Const. Ins......,- Grouo 2 0 $208.16 $'231.53 $267.64 01/01/25 12/31/25 s 77.13 0 0 $208.16 $'238.24 $278.35 01/01/26 12/31/26 s 80.21

4. Non-Exemot Prcvaittni w ... $208.16 $247.77 $289.48 01/01/27 12/31/27 $ 83.42 S.FullTun• Nillhl Shift $214.31 $257.68 $301.06 01/01/28 12/31/28 $ 86.76 NC-63-3-9-2022-1
I. ltariinder Sinoh FllilD $183.19 $220.27 $257.35 09/20123 12/31123 s 74,16

2. ln,n 0 $183.19 $220.27 $257.35 01/01/24 12/31/24 $ 74.16 .Co■ st IN_,,.. Groun 2 0 $190.52 $229.08 S267.64 01/01/25 12/31/25 $ 77.13 ~- Non-Exemot Non-Provailinz $198.14 $238.24 $278.35 01/01/26 12/31/26 s 80,21 S. Full Time Wuc Wollc $206.06 $247.77 $289.41 01/01/27 12/31/27 s 83.42 $214.31 $257.'8 SlOl.06 01/01/28 12/31/28 $ 86.76
J.JcmSinkev FIELD $198.07 $216.11 $242.91 09/20/23 06/30/24 $ 70.00

2. Ins,, 0 $20S.48 $225.75 $246.01 07/01124 12/31/24 $ 70.00 J.Const. lnsocctor Groo!I 2 0 $205.48 S223.69 $252.63 01/01125 12/31/25 $ 72.80 0 0 $205.48 $224.88 $262.74 01/01126 12/31/26 s 75.71

4. Non-Exem'" l'revailin• w,.,., 5205.48 S233.87 $213.24 01/01/27 12/31/27 s 78.74 S. Full Time oa, Shlft $205.48 S243.23 $284.17 01/01/28 12/31/28 s 81.89 N~!U-2022-1
I. Jern Sinkc, FIELD $215.98 $242.36 $268,74 09/20/23 06/30/l4 $ 70.00

12.wn 0 $223.39 $251.99 $280.60 07/01/24 12/31/24 $ 70.00 ].Const. Ins- or Orou• 2 0 $223.39 $249.94 $276.48 01/01/25 1213l/2S $ 72.80 0 0 $223.39 $247.79 $272.20 01/01/26 12131/26 s 75.71

4. Nnn•Exom"' Prc,ailin« Wlll<e $223.39 $245.57 S273.24 01/01/27 12/31/27 s 78.74 S.Full T'une Nlohl Shllt $223.39 $243.25 $284.17 01/01123 12/31/28 s 81.89 NC~2022-1
I. Jcm, Sinl.:t>- FIELD $172.91 $207.91 $242.91 09/20/23 12/31123 s 70,00

2. Jn•n 0 $172.91 $207.91 S242.91 01/01/24 12/31/24 s 70.00

3.Const. Ins"""''"'-Grouo 2 0 $179.83 $216.23 S252.63 01/01/25 12/31125 $ 72.80

4. Non-Excmnt Non•PrevaiJin,: $187.02 $224.88 $262.74 01/01/26 12/31126 $ 75.71

5. Full Time W,u,e Work $194.50 $233.87 S273.24 01/01/27 12/31/27 s 78.74 SO.DO $0.00 $0.00 01/00/00 01/00/00 s 78.74
\\f.01\Accountins\Projects- Actlve\P23273 - Los Banos On call\Proposal\P23273 - Exhibit 10-H4 Cost Proposal and 10-h2 Grand Template M023 after 070123 -
oo ..
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E1hibltlll-Hl
Cost Prapolli
Jua l'}'ltll
134
l..cal Aaiatnu Prouduru Manni

1. Matthew Sa-es FIELD $181.11 S217.77 S254.43 01/01128 12/31128 s 73.32

2. lnso 0 $227.85 $245.68 $263.50 09120/23 06130/24 s 73.32 J.ConsL ln!n<ctor Grou• 2 0 S227.85 S24S.68 $263.50 07/01124 12/31124 s 73.32 0 0 $227.8' $243.52 S264.61 01/01125 12/31125 s 16.25

4. Non-Exemnt Prevailin• w..._. $227.85 $241.28 $275.20 01/01126 12/31126 s 79.30

5. Full Time Da• Shift $227.85 5244.97 $286.20 01/01127 12/31127 s 82.48 NC-63-3-9-2022-1
l. Matthew S11 .,n,;ves IFIBLD S0.00 S0.00 $0.00 01/00/00 01/00/00 s 73.32

2. Jnsn 0 $245.76 5271.92 $298.08 09120/23 116130/24 s 73.32

3.Const. lnsocctor. Groun 2 0 $245.76 5271.92 $298.08 07/01124 12/31124 $ 73.32 0 0 $245.76 $269.77 $293.77 01/01125 12/31125 s 76.25

4. Non-ExemO! Prevailin• w, .. $245.76 $267.52 $289.29 01/01126 12/31126 s 79.30

5. FnllTime Nlnhl Shift S245.76 5265.19 $286.20 01/01127 12/31127 s 82.48 NC-63-3-9-2022-1
l. Mlll1hewS1•raveo 'PrnLD S0.00 S0.00 S0.00 01/00/00 01/00/00 s 73.32

2.1-- 0 $181.11 $217.77 ffl4.43 09/20/23 12/31/23 s 73.32

3.Const. 1•-10< Grouo 2 O S181.11 $217.77 $254.43 01/01/24 12/31/24 s 73.32

4. Non-Excmn1 Noo-Pre.ailin • $188.36 $226.49 $264.61 01/01/25 12131/25 $ 16.25 S. Full Time w .. ework $195.8'.i $235.55 $275.20 01/01/26 12/31126 $ 79.30 $203.73 $244.97 $286.20 01/01127 12/31127 s 82.48
l.MelJa<obo FIELD $197.62 $197.62 $197.62 01/01/28 12/31128 s 80.00 ~-1= 0 $227.85 $299.57 $371.29 01/01/29 12/31124 s 80.00

3.Const. tns-- Orouo 2 0 $227.85 $299.57 $371.29 01/01/25 12/31/25 s 83.20 0 0 $227.85 $299.57 5371.29 01/01/26 12/31126 $ 86.53

4. Noo-Exem'" Prevailioc W11r:-t1 $227.85 5299.57 5371.29 01/01127 12/31/27 $ 89.99

5. FullTime Dav Shift $231.18 $299.57 $371.29 01/01/28 12/31/28 s 93.59 NC-e:3-3-9-2022-1
I. Mel Jacobo FIELD $238.35 $257.38 $277.62 09122/23 06/30/24 s 80.00

2. ln.so 0 $245.76 $267.01 5288.26 07/01/24 12131/24 s 80.00

3.Const. losocaor Grou• 2 0 $245.76 $264.66 $288.72 01/0112S 12131125 $ 83.20 0 0 $245.76 $262.21 $300.27 01/01126 12/31126 s 86.53

4. Non•ExemN Prcvailin• Wlttt. $245.76 $267.29 S312.28 01/01/27 12131127 $ 89.99

5. Full Time NiohiShitl $245.76 $277.98 S324.77 01/01/ll 12/31128 $ 93.59 NC-63-3-9-2022-1
I. MelJacobo FIELD $197.62 $237.62 S277.62 09122123 12/31/23 s 80.00

2. lnsn 0 $197.62 $237.62 S277.62 01/01124 12/31124 s 80.00

3.ConsL Ins- tor, Groun 2 0 $205.52 $247.12 $288.72 01/01125 12/31125 $ 83.20

4. Non-Excmlll Non-Prevailia 11 $213.74 $257.00 $300.27 01/01126 12/31126 $ 86.53 S. Full Time w., .. wor1c $222.29 $267.29 S312.28 01/01127 12/31/27 $ 89.99 S0.00 $0.00 $0.00 01/00/00 01/00/00 $ 89.99
\\fs01\Accountlng\Project5-Active\P23273 - los Banos On call\Proposal\P23273 - Exhibit lo-H4 Cost Proposal and 10-h2 Grand Template FV2023 after070123 4%
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E'l"ldblt 11-112
CDltl'NlpOul
IHUII')' 2018
135
Load ASMstaua ProcedarH Maeaal
I. Rodolfo Contr<:ras FIELD $198.09 $222.76 $260.26 09120123 06/30124 $ 75.00

2. lnsn 0 $205.51 $222.76 $260.26 07/01124 12131124 s 15.00

3.C011st , • ......,or Grouo 2 0 $205.51 $231 .68 $270.68 01/01125 12131125 $ 78.00 0 0 $205.51 $240.94 $231.50 01/01126 12131126 $ 81.12

4. NO&&emlll l'n:Yailin• Wa.,. $208.40 $250.58 $292.76 01/01/27 12131127 s 84.36 S. Full Tune Dav Shift $216.73 $260.60 $304.47 01/01/28 12/31/28 $ 87.74 NC-63-3-9-2022-1
l. Rodolfo Contreras FIELD $216.00 S238.71 $261.41 09/20/23 06/30/24 s 75.00 l.lnsll 0 $223.41 $248.34 $273.27 07/01/24 12131124 s 75.00

3.Coost. ln.,-or Groun 2 0 $223.41 $246.14 $270.68 01/01125 12/31125 s 78.00 0 0 $223.41 $243.84 $281.50 01/01126 12131126 s 81.12
4, Non-&emrw Provailin• W•"" $223.41 $250.SB $292.76 01/01/27 12131127 s 84.36 S. Full Time N...., Shift $223.41 $260.60 $304.47 01/01/28 12/31128 $ 87.74 NC-63-3-9-2022-1
I. Rodolfo Contr<:ras FIELD $185.26 $222.76 $260.26 09/20/23 12/31123 $ 75.00 l lnsn 0 $185.26 $222.76 $260.26 01/01/24 12/31124 $ 75.00 J.caut. lns"""ot Grouo 2 0 $192.68 $231.68 $270.68 01/01/25 12/31125 $ 78.00 -4. Non-ExemDC 1Non.Prevailin11 $200.38 $240.94 $281.50 01/01/26 12131126 $ 81.12 $. Full Time w .... wort $208.40 $250.58 $292.76 01/01/27 12131127 $ 84.36 $216.73 $260.60 $304.47 01/01/28 12131/28 s 87.74
I. Brian Schrenfer IFmLD $198.09 $222.76 $260.26 09/20/23 06/311124 s 75.00

11. 1n .. 0 $205.51 $222.76 $260.26 07/01/24 12/31/24 s 75.00

3.Consl ln•-or Groun 2 0 S205.SI $231.68 $270.68 01/01/25 12/31125 s 78.00 , 0 0 $205.51 $240.94 $281.50 01/01/26 12131/26 s 81.12
~- Non-Excm"' Prevailin• Wau $208.40 $2S0.58 $292.76 01/01/27 12/31/27 $ 84.36 $. Full Time Dav Shift $216.73 $260.60 $304.47 01/01/28 12131/28 s 87,74 NC-63-3-9-2022-1
I. Brian Schrenfer FIELD $216.00 $238.71 $261.41 09/20/23 06/311124 $ 75.00

11. lnsn 0 $223.41 $248.34 $273.27 07/01/24 12131/24 $ 75.00

3.Const. [n:1-or Groun 2 0 $223.41 $246.14 $270.68 01/01/25 12131/25 s 78.00 0 0 5223.41 $243.84 $281.50 01/01/26 12/31/26 s 81.12

14. Non-Exemlll Pn:vailin• W•u. $223.41 $250.58 $292,76 01/01/27 12/31127 s 84.36 S.FullTimo NlnhlShift $223.41 $260.60 $304.47 01/01/28 12/31128 s 87.74 NC-63-3-8-2022-1
I. Brian Sc:1'...,,-er FIELD $185.26 $222.76 $260.26 09/20/23 12131123 s 75.00

2. lnsn 0 5185.26 S222.76 1260.26 01/01/24 12/31/24 $ 15.00

3.C<iast. Ins•-- Grouo 2 0 S192.68 $231.68 $270.68 Ol/01/25 12/31/25 s 78.00 i.. Non-Exernlll Non-Pr<:virilin• $200.38 $240.94 S281.SO 01/01126 12/31/26 s 81.12

5.FullTime w • .,, wor1c $208.40 $250.58 $292.76 01/01/27 12/31/27 s 84.36 5216.73 S260.60 $304.47 01/01/28 12/31/28 s 87.74
\\fsOl\Accountlng\Projects-Active\P23273 - Los Banos On call\Proposal\PZ3273 - E•hlblt 10-H4 Cost Proposal and 10-hZ Grand Template FY2023 after 070123 -
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Esblbll 11-IU
Cost p,.,_1
hoo r,2018
136
Local Aasbulnce Prottdurn Manual
I. Jaimie Az\ledo FIELD $191.32 $230.04 S268.77 09/20/23 06130/24 s 77.45 ~- '"'" o S191.32 S230.04 $268.77 07/01124 12/31124 s 77.45

3.Const. Ins- "-•• 2 o S198.97 $239.24 S279.52 01/01125 12/31125 s 80.S5 0 0 $206.93 $248.11 $290.70 01/01/26 12/31/26 s 13.77

4. Non-Elcemra ........,;lin, Wuio $215.ll $2!!8.77 $302.33 01/01127 12/31/27 s 17.12

5. Full Time Day Shift $223.81 $269.12 $314.42 01/01/28 12131128 $ 90.61 NC-83-3-9-2022· 1
l. Jaimie Azvcdo FIEU} $197.14 $230.04 5268.77 09/20/23 06130/24 $ 77.45

2. lnso 0 $204.55 S230.04 S268.77 07/01/24 12/31/24 $ 77.45

3.ConSI. , _ _ ,_ Groun 2 0 $204.55 S239.24 S279.52 01/01125 12/31125 $ 80.55 0 0 $206.93 $248.81 $290.70 01/01126 12/31/26 $ 83.77

4. Non-Eumot Prewilina W•l!C $215.ll $2'8.77 $302.33 01/01127 12/31127 $ 87.12

5. FnllTime Niaht Shift $223.81 S269.12 $314.42 01/01128 12/31128 $ 90.61 NC-63-3-9-2022-1
I. Jaimie Azvedo FIEW $191.32 5230.04 5268.77 09120/23 12131/23 $ 77.45

2. Ins~ 0 $191.32 5230.04 $268.77 01/01124 12/31124 $ 77.45 ~.Conot, lns,_or Grouo 2 0 $198.97 $239.24 $279.52 01/01125 12/31125 s 80.S5

14. Non•El<em,. Non-Prevail in& $206.93 $248.81 $290.70 01/01126 12/31/26 $ 83.77

5.FullTime W111,eWorlc $215.21 S258.77 $302.33 01/01127 12/31/27 $ 87.12 $223.81 $269.12 $314.42 01/01/28 12/31/28 s 90.61
l . !or10 Mier FIELD $193.78 $230.04 $268.77 09/2M3 06,/30124 5 77.45 '

2. Elcc Jnsn 0 $201.19 $230.04 $268.77 07/01124 12/31124 s 77.45 Ll.Const. lnsord.01 Gmun 2 0 $201.19 $239.24 $279.52 01/01125 12131125 s 80.SS 0 O $206.93 $248.81 $290.70 01/01126 12/31/26 s 83.77

4.Non-Emnlll Prcvailinu Wue $215.21 $258.77 5302.33 01/01127 12/31127 s 87.12

5. Full Time Dav Shift S223.81 5269.12 $314.42 01/01128 12131128 s 90.61 NC-63-3-9-2022-1
I.JoraoMier FIEID $211.69 $232..!9 $268.77 09/20/2J 06/30/24 $ 77.45

2. Elcclnso 0 $219.10 $242.23 $268.77 07/01/24 12/31/24 s 77.45

3.CoNt. lnsncx1or Groun 2 0 $219.10 $239.95 $279.52 01/01125 12131/25 $ 80.55 0 0 $219.10 $248.81 S290.70 01/01126 12/31/26 $ 83.77

4. Non-Exemnl Prevailin.t Wu o $219.10 $258.77 $302.33 01/01127 12131/27 $ 87.12

5. Full Time Ni<llltShifl 5223.81 $269.12 $314.42 01/01128 12/31/28 $ 90.61 NC-63-3-9-2022-1
I. Jonr Mier IFll".lfl $191.32 $230.04 $268.77 09/20/23 12131/23 5 77.45 1

2. Elcclosn 0 $191.32 $230.04 $268.77 01/01/24 12/31124 s 77.45

3.Coust. lnffln:tnr Groun 2 O $198.97 $239.24 $279.52 01/01125 12131/25 s 80.55

4. Non-Exemar Non,,Prcvailimt $206.93 $248.81 $290.70 01/01/26 12/31/26 s 83.77 $. Full Time Wan Work $215.21 $258.77 $302.33 01/01127 12/31/27 s 87.12 $223.81 S269.12 $314.42 01/01/28 12/31/28 s 90.61
\\fs01\Accounting\Projects· Active\P23273 -Los Banos On call\Proposal\P23273 • Ekhlbit 10·H4 Cost Proposal and 10-h2 Grand Template FY2023 after 070123 -
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137
Local AabtaKt PrGctd rtt Muuat
I. Patrick M~cr.1 FlEU> $196.53 $236.31 $276.09 09120/23 06/30/24 $ 79.56

12. Elcc lnm O S196.53 S236.31 $276.09 07/01124 12/31/24 $ 79.56

13.Const. fusoccto, Oroon 2 0 $204.39 S245.76 $287.13 01/01125 12/31125 $ 82.74 0 0 $212.57 $255.59 $298.62 01/01/26 12/31126 $ 86.05

14. Non-Excmot Pn:vailln• Wa"" $221.07 $265.82 $310.56 01/01127 12/31/27 $ 89.49

5. Full Time Dav Shift $229.91 $276,45 $322.98 01/01128 12/31/28 $ 93.07 NC-63-3-9-2022-1
I. Patrick M•= FIELD $199.82 $236.31 $276.09 09/20123 06/30/24 $ 79.56

12. Elcc lnsn 0 $207.23 $236.31 5276.09 07/01/24 12/31/24 s 79.56

3.Const, Ins-- Groun 2 0 $207.23 5245.76 5287.13 01/01125 12/31125 s 82.74 0 0 $212.57 $255.59 $298.62 01/01/26 12/31/26 s 86.05

4. N011-El<emnt Pm-ailin• WaiY. $221.07 $265.12 $3l0.56 01/01/27 12/31/27 s 89.49

5. PWITime NinhlShlft $229.91 $276.45 $322.98 01/01128 12/31/28 s 93.07 NC-M-3-9-2022-1
I. Patrick Mvcrs FJELD $196.53 $236.31 $276.09 09120123 12/31/23 $ 79.56 It. Elec Ins " 0 $196.53 5236.31 $276.09 01/01/24 12/31/24 s 79.56

3.Const Ins- or Oroon 2 0 $204.39 $245.76 5287.13 01/01/25 12/31125 $ 82.74 14 . Non•Exemat Non-Pn:vailin• $212.57 $255.59 $298.62 01101/26 12/31126 $ 16.05 IS.Full Time w .... wor1c $221 .07 $265.82 $310.56 01/01127 12/31/27 s 89.49 $229.91 $276.45 $322.91 011111/21 12/31121 s 93.07
I. Jcrcmv Lut« n FIELD $187.24 $2'6.73 $326.23 09/20/:ll 06/30/24 s 61.llO

12. Public Info 0 $194.65 $266.37 $338.09 07/01/24 12131/24 s 61.80

3.Con.n. lnsP<ctor Oroon 2 0 $194.65 $266.37 $338.09 011111125 12/31125 $ 64.27 0 0 $194.65 $266.37 $338.09 01/01/26 12/31126 $ 66.84

4. Excmot ..,._,,,,iJin.11 W11.l~ $194.65 $266.37 $338.09 01/01127 12/31127 s 69.52 IS.Full Time Da• Shlfl $194.65 $266.37 $338.09 01/01128 12/31/28 s 72.30 NC-63-3-~2-1
I. Jerm,v Lutomo FIELD $205. 14 $2112.98 S360.112 09/20/J3 06/30/24 s 61.80

2. Public Info 0 $212.56 $29261 1372.67 07/01/24 12/31124 $ 61.80 ).Const. '"'"'ctor G"""' 2 0 $212.56 $29261 $372.67 01/01/25 12/31125 $ 64.27 0 0 $212.56 5292.61 $372.67 01/01/26 12/31126 $ 66.84
•. Exanat Pn,vailin• Wu o $212.56 $292.61 $372.67 01101/27 12/31/27 $ 69.52 S. Full Time NiahtShill $212.56 $292.61 $372.67 011111128 12/31128 s 72.30 NC-«3-3-9-2022-1
I. Jcrcnn- Lumcn FIELD $152.66 $152.66 $152.66 09/20123 12/31123 s 61.80

2. Public Info 0 $152.66 $152.66 $152.66 011111/24 12/31/24 s 61.80 J.Const. Ins- or. G~•• 2 0 $158.76 $158.76 $158.76 01/01125 12/31125 s 64.27 •· Exem11. Non-Prcvailin• $165.11 $165.11 $165.11 01/01/26 12/31126 s 66.84

5. Full Time w ,.,cwork $171.72 $171.72 $171.72 01/01127 12/31127 s 69.52 $178.59 $178.59 $178.59 01/01/28 12/31128 s 72.30
\\fs01\Accauntins\Projects-Actlve\P23273 - Los Banos On call\Proposal\P23273 - Exhibit 10-H4 Cost Proposal and 1~2 Grand Template FY2023 after 070123 -
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Exhibit 111-Hl
CutPropot I
J11 1J')'lOU
138
Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL Page12 of 12
Certification of Direct Costs:

EXHIBIT 10-Hl
Cost Proposal
I, the undersigned, certify to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accowiting Principles (GAAP)

8. Tenns and conditions of the contract

9. Title 23 United States Code Section 112 • Letting of Contracts

10. 48 Code of Federal Reeulations Part 31 • Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certif~•ing:

Name: Alain Charles Title •: Corporate Controller
Alain Charles ~~~'~,-:;~""' Signature : .,,,.,,, Date of Certification (mm/dd/yyyy): _ _;1:..::0'-' /l:..::0'-' /2==0=23:::...... __ _ Email: acharles(~ghirardelliassoc.com Phone Number: ...:. 40"'8::...4.:.:3c:::. 5·::5""' 50""3'-"x2=----------- Address: 2055 Gateway Place Suite 470 San Jose, CA 95110 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

As described in RFP
ge 7 of9
January 2018
139
BSK Associates - Schedule of Fees - July 1. 2023 to June 30. 2024 PER5ONN[L RA TES
~ 1heprlcesnoted be/ow are subject to an increa2a/5" annually, ,JfectlveJuty lo/each year follow/no the/nit/at/an o/o 2rv/cesagreement.

Principal
Senior Professional
Project Professional II
Project Professional I
St•ff Professional II
Staff Professional I
Project Administrator
AdministrativeAssistant/Clerical
Non-Destructive Inspection/Testing
Special Inspector
EnglneeringTechnlcian
Technician
Ground Penetrating Radar ScanningTechnlelan
Core Drilling Technician
Floor Aatness Testln11Technlclan
Sample Pickup /Transportation/ Delivery
Laboratory Technician
Group 1-Spl!Clal Inspector
Group 2-Special Inspector
Group 3 -EnaineeringTechniclan
Group 3 -Geotechnlcal Professional
Group 3 -Environmental Professional
Group 4 • Technician
Group 1-Geotechnical Professional
Group 1 • Environmental Professional
Group 1 ·Technician
Group Z -Special Inspector
Group 3 -Non-DestuctiveTesting (NOT)
Project Administration Fees
Mil61ge-2x4 (Portal to Portal)
Milea,ge-4x4 (Portal to Portal)
BridleToll
Parkins Fees
Per Diem (asrequired)
Subconsultant Services
BSK feeSchedule2023·2

PROFESSIONAL STAFF
$ 28S.OO SelsmleGIS
s 250.00 GIS5peclalist
$ 23S.OO Information Specialist II
$ 200.00 Information Specialist I
s 17S.00 CAD
s 155.00 Litiption support
$ 110.00 Deposition /Trial
$ 100.00
TECHNICALSfAFF-RELDANDlABOtfAroRY(NON-PREVAltlNliWAGf1
$ 16S.oo BASIS OF CHARGES FORFtaD 1ECHNICIAN SERVICES
$ 140.00 Field Wark from Ota 4 hours
$ 135.00 Field Work from 4 to 8 hours
$ 130.00 Field Work overs hours/Saturdays
$ 31S.OO Sundays, holidays and over 12 hours
$ 245.00 Night Shift (Shiftcommencin1after 2pm /before4am) $ 210.00 Show-i!ptlme(noworkperformed)
$ 120.00 Sampline or cylinder pickup, minimum charge
$ 130.00
N01(1H£RNCA PIIEIIAn.lNG WAGE LABOR RA JES
$ 110.00 SASISOFCHARGESFORFIELD1ECHNICIANSERVICES
$ 165.00 Field Work from Oto 4 hours
$ 146.00 Field Work from 4 to 8 hours
$ 18S.OO FieldWorltover8 hours/Saturdays
$ 185.00 Sundays, holidays and over 12 hours
$ 130.00 Night Shift (Shift commencing after 2pm / before4am) Shaw'ilp time (no work performed)
Sampling or cyllnd,r pickup, minimum charge
SOIJTHERNCA PREVAIi.iNG WAGE LAIORIIA1E5
$ 185.00 BASIS OF CHARGES FOIi FIBD 1ECHNICIAN SERVICES $ 185.00 Field Work from Oto 4 hours
$ 165.00 Field Work from 4 to 8 hours
$ 170.00 FleldWorkoverB hours/Saturdays
$ 180.00 Sundays, holidays and over 12 hours
$
$
Premium Shift (Weekday work before6am / after 5pm)
ShoW-i!p time (no work performed)
Sampline or cylinder pickup, minimum charee

IIEIMSUIISAIUS
7% of Invoice DIR Administration Fees

1.00 Certified Payroll /DIR Upload (Monthly)

2.00 Non.Performance Certified Payroll / DIR Upload (Monthly) Cost+15% Subcontractor ManatlfTlent / Compliance Forms (Monthly) Cost+15% Addltlona I LCP TrackerotOtherCompllanca Soflwara (Ma"thly) QJ.IDte/ $250 min. Additional Special Forms, as required (Monthly) Cost+1S% Project Setup (Project)
Page1of3
$ 220.0D
$ 190.00
$ 180.0D
$ 160.00
$ 120.00
l.5x standard rate

2.0x standard rate
Blll 4hours
B1118 hours
Bill time and a half
Bill double time
Base Ratex 12.5%
Blll2hours
BIii z hours
B1114hours
B1118 hours
Blll timea"d a half
Bill doubletime
Base Ratex 12.5%
Bllllhours
B1112 hours
81114hours
Bill Bhours
Billtlmeandahalf
Bill doubletime
BIii time and a half
Bill 2 hours
B1112 hours
3%oflnvoice
$ 300.00
$ 100.00
$ 100.00
$ 200.00
$ 150.00
$ 52S.OO
140
BSK Associates - Schedule of Fees - July 1. 2023 to June 30. 2024 SontVARE AN/J l"QUIPME/olf
~ R>e prices noted below aruubject to an increase of 5-¥ annually, effet:t,veJuly lo/each year following tne Initiation of a services agreement.

I ANALVS&SSOFJWAREI.ISAGEFEES
glNT(software) $ 65.00 Slide (software) $ 127.00
lPile(software) $ 65.00 Settle3D (software) $ 127.00
APlle (software) $ 65.00 Cpet·IT (software) $ 65.00
SHAFT (software) $ 65.00 LlqSVs (software] $ 65.00
GROUP (software) $ 127.DD ArcGIS (software) $ 65.DD
Cliq (software) $ 65.00 Surfer (software) $ 65.00
LiquefyPro (software) $ 65.00 Seef)/W (software) $ 127.00 llqlT(software) $ 65.00
I EQUll'NIENr
NuclearGauge(Day) $ 7D.00 1D" PVC Blank-2"(Eachl $ 27.00 Skidmore Wllhel m Calibrator (Day) $ 70.00 1D' PVC Blank -4: (Each] $ 62.00 NDTWeld Testing Equlpment-UT/MT/PT(Day) $ 70.00 10' PVC Screen - 2" (Each] $ 42.00 Proof lead Testing Equipment (Day) $ 70.00 10' PVC Screen •4"(Each) $ 84.00 Torque Wrench (Day] $ 70.00 5' PVC Blank-2' (Each) $ 18.00 GPR Scanning Equipment (Day) $ 325.00 S' PVC Blank-4" (Each) $ 53.00 Rebar Locator/Pachometer (Day) $ 128.00 5' PVCScreen-2"(Each] $ 27.00 Coring Equipment (day] $ 240.00 5' PVC Screen-4"(Each) $ 69.00 Relative Humidity Meter (Day) $ 70.0D 55 Gallon Drum (Each) $ 125.00 Moisture Emission Test Kit (Each) $ 48.00 6 •x S' Steel Monument Cover (Each) $ 295.00 Wood Moisture Meter (Day) $ 7D.OO Air Indicators (Each) $ 53.00 Air Meter (Concrete) $ 7D.00 CombustibleGas Indicator (Day) $ 79.00 Laptop (Day) $ 75.00 Disposable Bailer (Each) $ 14.00
Document Scanner (Day) $ 32.00 HydroPunch Tlp (Each) $ 25.00 Vehlcle/fruck Charge (Day) $ 137.00 Lantec GEM 500 (Day) $ 258.00 Hand Auger (Day) $ 150.00 lacking Cap-2 ' (Each) $ 25.00 Sels,m,graph (Day) $ 317.00 lacking Cap-4 ' (Each) $ 50.00 Hand-held G PS (Day) $ 97.00 Silicone Tubing (Foot) $ 9.00 Slope Inclinometer Probe (Each) $ 500.00 Tedlar Vapor Bags (Each) $ 30.00 Double Ring lnflltrometer (Day) $ 1S0.00 Bottom Cap (Each) $ 10.00 Drllllng Klt- Paint/Stakes/Lath (Each) $ 34.00 Disposable Purge Pump Tubing (Foat) $ 2.00 Drilling Supplies !Tubes/ Cips) $ 350.00 Bison Resistivity Meter (Day) $ 203.00 SampleSleevew/Caps/Teflon 6" (Each) $ 13.00 Chern Grout Pump (Day) $ 132.00 Manometer (Day) $ 247.00 DC Purge Pump (Day) $ 67.00
Generator $ 105.00 Development Pump and Controller (Day) $ 92.0D PowerAuser $ 105.DD Dissolved Oxygen Meter (Day) $ BO.DD A£ Cold Patch (Each) $ 19.DD Grundfos Converter (Day) $ 89.00 Bentonite Grout (Bag) $ 27.00 HydroPunch II (Each) $ 317.0D Bentanite Medium Chips (Bag] $ 25.00 Interface Meter (Each) $ 119.0D Bentanlte Pel lets (Bucket/ Bag) $ 189.00 Kemmer Sampler (Day) $ 46.00 Bentonlte Powder (Bag) $ 15.00 ORP Meter (Each I $ 85.00 Filter Sand fBag) $ 14.00 Sample Pump (Day) $ 127.00
Portland Cernmt (B1111) $ 19.00 Scanning Equipment (Day) $ 128.00 Ready Mix (Bag) $ 18.00 Water Level Data Logger (Day) $ 98.00 Padlocks (Each) $ 27.00 Telescopic Wastewater Sampler (Davi $ 67.00 pH/EC/Temperature Meter (Day) $ 75.00 SVE System (Month) $1,400.00 PID/OVA(Day) $ 150.00 Combustible Gas Meter (Day) $ 24D.OO Steam Cleaner (Day) $ 139.00 Water Meter (Day) $ 65.00
Turbidity Kit (Day) $ 85.00 Flow Monitoring Equipment (Day) $ 389.00 Water sample Filters (Each) $ 28.00 liquid Proportional Samplln8 Equipment (Day) $ 394.00 Well Sounder (Day) $ 60.DD Gas Detector Pump (Each) $ 46.00 Well Vault Traffic Rated Box (Each) $ 139.00 Landfill Ga.s Chromatograph (Day) $ 260.00 Bollards (Each) $ 119.00 Support Truck (Day) $ 260.00
Air Compressor (Day) $ 70.00 sound Level Meter (Each] $ 41.00 Continuous Core Sampler (Day) $ 325.00 Water Level Transducers (Each) $ 15.00 4" Disposable Ballers (Each) $ 25.DO Multi parameter Env Water Met..- (Day) $ 170.00 BSK Fee Schedule 2023-2 Page2of3
141
BSK Associates - Schedule of Fees -July 1. 2023 to June 30, 2024

MA ITRIALS LA BORA TORY TESTS
~ T11r prices noted below are subject ta an Increase af5" annually, effective July l o/eocfl year fol/owin(I the Initiation of a services agreement.

Standard Rate Appl/es to Normal Testing Schedule. Rush Order Turnaround Time Char(led at l.5" Standard Unit Rates.

SOILS AAGGREGARS
Modified or Standard Proctor •4"or6" Mold IASTM/ AASlfTC $ 320.00 Proctor with Ollersize Material (ASTM / AASHTO) $ 400.00 Proctor Check Point (All Methods) $ 171.00
Caltrans Maximum Wet Density ICT216) $ 270.00
Minus 200 Wash Soll (ASTM D1140) $ 105.00
Moisture Content of5oils (ASTM D2216) $ 45.00
Plasticity Index (ASTM D4318) $ 276.00
Expansion Index of 5oils IUBC No. 29) $ 296.00
Collapse Potential ofSoils(ASTM D2435) $ 257.00
Organic Impurities (ASTM C40 {CT213) $ 105.00
Tube Density & MolstureContent of Soil (ASTM D2216, D293 $ 54.00 Visual Classification (ASTM D2488) $ 54.00
Hydrameter(ASTM D422/CT203) $ 300.00
Double Hydrometer (ASlM D4221) $ 394.00
Un compacted Vold Content (CT234 / AASHTD ll04) $ 140.00

5.and Density Calibration (ASTMD1566) $ 220.00
Minimum Resistivity of Soils (CT 643) $ 177.00
Consolidation (ASTMD243S)w/211meRates $ 527.00
Consolidation (ASTM D2435) w/ No Time Rates $ 350.00
Unconfined Compressive Strength, Soi I (ASTM D2166) $ 140.00 Remolded Consolidation (ASTM D2435) $ 446.00
Minimum Index Density Soils (ASTM D42S4) $ 87.00
Direct Shear Remolded (ASTM D3080) $ 330.00
Direct Shear (ASlM D3080) $ 276.00
Rernolded Direct Shear (ASTM D3080) $ 330.00
Remolded Flexwall Perm (ASTMDS084) $ 704.00
JMF Mix Design, Superpave/ Cal trans
JMF Verification - HMA-Superpave/ Caltrans
JMF Production Startup -Supwpave/ Caltrans
RAP Material Testing-Additional Fee
Rubberized RHMAMaterial-Additlonal Fee
JMF Mix Design, HVEEM
JMF Mix Design, Marshall
Open Graded Asphalt Optimum Bitumen Content (CT 368)
Gyratory Compaction -Set of 3 (AASHTO T312)
HambursWhed Track (AASHTOT324)
Tensile Strength Ratio (CT371 / AASHTOT283)
Marshall Maximum Density (ASTM 06926)
Manhall Stability & Row (ASTM 0692 7)
$11,274.0D
$6.533.00
$6,078.00
$ 790.00
$1,824.00
$3,900.00
$4,627.00
$2,785.D0
$ 421.00
$2,500.00
$1,380.00
$ 368.00
$ 315.00
"Crushed Particles/Fractured Partides(CT205/AASHTOl335) $ 208.00 % Rat& Bonaated (ASTM D4791) $ 159.00
Minus200 Wash/.Agregate (ASTM Cll 7) $ 105.00
Sieve Analysis w/Wash (ASTM C136/CT202 / AASHTOT27) $ 215.00 SleveAnalysl5-Coarseonly (ASTM Cl36 /CT202 / AASHTOT27) $ 105.00 CoarseSpeclftc Gravity/ Absorption (ASTM C127/CT 206/AASHTO 185) $ 200.00 RneSpecific Grallity / Absorption (ASTM C128/CT 207 /AASHTOl84) $ 200.00 Sand Equivalent(ASTM D2419 /CT217 /AASHTOT176) $ 1S9.00 Durability Index (CT229) $ 315.00
Abrasion by LA Rattler, Large Size (ASTM CU 1/CT 211/ AASHTO T96) $ 360.00 Abrasion by LA Rattler, Small Slze/ASlMC131/CT211/AASHTOT96) $ 296.00 Cleanness Value of ,uregate (CT 227) $ 227.00
Agregatewt pcfCompacted (ASTM C 29) $ 111.00
Gradation-Rip Rap-Per Sieve (D5519-Method A) $ 284.00
Sodium SUifate Soundness-Min. Charge (ASTM CBS/CT 214/AASHTOT104) $ 440.00 Sodium Sulfate5oundness-Per Sieve(~ C88/CT 214/AASHTOT104) $ 140.00 R-ValueofSoils (CT301) $ 450.00
Soil Cement Compression-Set (ASTM D1633) $ 300.00
CIR /FDR Compressive Strength Testing-Set $ 300.00
CIR /FDR5ample Preparation /Compaction $ 275.00
CBR (ASTM D1883/AASHTOT-180) $1,250.00
Preparation of Soil-Cement Samples $ 947.00
SolubleSUlfateChlorlde& Sulfide $ 164.00
pH SUifate & Chloride $ 83.00
'JG Lumps/Friable Particles (ASTM C142) $ 102.00
'JG Oraanics in Soil (ASTM D2974) $ 172.DO
HaTMIXASl'HAL T
Bitumen Contont-lgnition (ASTM D6307 /CT382 / AASHTOT308) $ 282.00 Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTOT308) $ 656.00 Gradation from Extraction (ASTM D5444 / AASHTOT30) $ 171.00 Bulk Specific Gravity (CT308 / AASHTOT275 / ASTM D2726) $ BO.OD HMA Theo. Max Density Rice Method (ASTM 02041 f CT309 / AASHTOT20! $ 315.00 Volumetric calculations-l\lMA. VFA, DP, AV, Elf. Cales) $ 67.00 Moisture Content of Asphalt (CT370 / AASHTOT329) $ 83.00 FilmStripping $ 111.00
Compaction/Preparation ofHMA Briquette (CT304) $ 276.00 StabilometerValue-Setof3 (CT366) $ 350.00
Lab Mixed TSR· Moisture Induced Damage (AASHTOT283 / CT 371) $1,850.00 Calculated AC. Maximum Density (CT367) $ 125.00
Thickness Detwml nation of AC. Cores $ 27 .OD
CONCRErfA~
Compression Test Concrete-Per Cylinder (ASTMC39)
Compression Test Concrete-Set of 4/5 (ASTM C39)
Compression Test of Core (ASTM C42)
Compressive Strenath ofShotcrete Panel
Compression Test CompositeCMU Prism (1)
Compression Test Grout (Set of 4)
Compression Test Mortar (Set of 3)
Tensile& BendofRebar#3-11
Sllp and Tensile Rebar Couplers (CT670)
Bolt Proof & Ultimate Load
Bolt Hardness -Sl!I of 3
Nut Proofload-Set of3
Nut Hardness-Set of3
Washer Hardness -SI!! of3
Dry Den,ity Fireproofing (ASTM E60S)
BSI( FeeSchedule2023-2
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

35.00 Flexural Test per Beam (ASTMC78 /CT523) $ 112.00
171.00 Unear Shrinkage-Set of3 (ASTM C157) $ 500.00

76.00 Unit Weight LI Wt Concrete IASTM C567) $ 70.00
400.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 150.00 208.00 Compressive Strength CMU Block (ASTM C140) $ 240.00 1S1.00 Comp. Strength, SG, & Abs. ofCMU-Per Block (ASTM C140) $ 276.00 138.00 MasonryUnearShrlnkage(ASTM C426) $ 507.00
MITAlS A FlffEPtfOOFIN(;
186.00 Brinell Hardness of Steel (ASTM ElO) $ 125.00
270.00 Rockwell Hardness of Steel (ASTM E18) $ 125.00
178.00 Face Bend of Steel Coupon $ 76.00
125.00 Root Bend of Weld Coupon $ 76.00
178.00 SldeBendofWeld Coupon $ 76.00
125.00 Tensile Test of Steel Coupon $ 105.00
125.00 Bend Test of Steel Coupon $ 90.00
119.00 Adhesion /Cohesion Fireproofing Materials $ 159.00 Page3of3
142

PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT SERVICES
CSG CONSULT ANTS, INC.

THIS AGREEMENT is made and entered into this __ day of ____ 202 _, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and CSG Consultants, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

1. Term. The initial term of this Agreement shall commence on the above written date and continue for three (3) years terminating on the 18th day of January, 2027, unless terminated earlier as set forth herein. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties.

2. Scope of Services. Consultant shall provide the City with the services generally described in the Scope of Services attached hereto as Attachment A. The specific Services to be provided shall be more particularly described in individual task orders issue by the City as described in Section 4 of this Agreement. The Consultant shall only perform work that is assigned in an authorized Task Order. This Agreement does not guarantee that a Task Order shall be issued.

WAV12.19.2023 1
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2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule set forth in each individual Task Order. The failure by Consultant to strictly adhere to an individual Project Schedule may result in termination of the Task Order and this Agreement by City. No Task Order shall be approved if the time for performance extends beyond the term of this Agreement.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Task Orders and Compensation. Specific projects will be assigned to Consultant through issuance of Task Orders. The amount to be paid for specific work shall be set forth in the individual Task Orders issued pursuant to this Section 4.

4.1. Except as otherwise agreed to by the parties, City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Cost Estimate submitted by Consultant and negotiated and agreed to by the parties for each individual Task Order.

4.2. When a project to be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

Except as otherwise agreed to by the parties, Consultant's Cost Estimate, including hourly rates and reimbursable expenses, shall be in accordance with Consultant's current Charge Rate Schedule set forth in Attachment B attached hereto and incorporated herein by this reference.

WAV12.19.2023 2
144

4.3. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.

4.4. Consultant shall not commence performance of work or services until the individual Task Order has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of the individual Task Order.

4.5. Consultant shall submit monthly invoices to City describing the work performed the preceding month. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order.

4.6. Consultant's bills shall identify the specific Task Order, include the name of the person who performed the work, a brief description of the services performed on each milestone, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description and itemization of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.7. Monthly invoices shall be mailed to the City's Contract Administrator at the following address:

City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635

4.8. City shall reimburse Consultant only for those costs or expenses specifically approved in the Task Order, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance Consultant's current Charge Rate Schedule.

4.9. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.

4.10. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

4.11. Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services/Task Order and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any WAV12.19.2023 3
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authorized Additional Work shall be billed in accordance with the Consultant's current Charge Rate Schedule.

4.12. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $300,000.00 per year during the term of this Agreement.

4.13. Consultant's Charge Rate Schedule may be adjusted by the Consultant on an annual basis (one time per year) during the term of this Agreement.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend ( with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

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A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liabilitv Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant 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 one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to WAV12.19.2023 5
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maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical WAV12.19.2023 6
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condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either WAV12.19.2023 7
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directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator. 11 .2. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.3. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

11.4 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

12.3. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to WA V12.19.2023 8
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Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative( s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 15 .2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California WA V12.19.2023 9
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employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severabilitv. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNaliditv. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

CSG Consultants, Inc.

Nourdin Khayata, PE- Vice President
3150 Almaden Expressway, Ste. 255
San Jose, California 95118
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such WAV12.19.2023
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notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter-specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee.

If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.

25. Corrections. Consultant shall be responsible for its work and results under this Agreement. Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

26. Acceptance of Facsimile or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authoritv. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

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Date: 202 - ----~
Date: _____ ~ 202
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
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CSG Consultants, Inc.
by: Nourdin Khayata, PE- Vice
President
CITY OF LOS BANOS, a California
municipal corporation
by:
154
Exhibit A

SCOPE OF SERVICES

CONSTRUCTION MANAGEMENT NEEDS
The City of Los Banos has a healthy and ambitious Capital Improvement Project program. In order to meet the needs of the capital program, the city uses outside consultants, in addition to city staff. Through this agreement, the city is seeking qualified consultants to provide construction management services. The following is a minimum list of the tasks that the consultant would typically be responsible for, as may be applicable to a particular project:
• Review of contractor submittals, including but not limited to:
o materials
o design mixes
o schedules
o traffic control plans
o safety plans
o storm water pollution prevention plans
o pay requests
o shoring plans
o As-Built drawings
• Verification of pay quantities
• Materials testing as per specifications and in conformance with City of Los Banos Quality Assurance Plan
• Daily diaries of work completed, personnel & equipment used • Employee interviews related to wages (if required)
• Verification of posting of required labor signs and regulations (if required) • General inspection of daily work & conformance with project plans & specifications • Be aware of and have contractor correct any unsafe conditions • Verification of any required contractor notification of construction work or road closure notifications to residents, businesses, utilities, mail service, trash service, bus service, police, fire, ambulance, etc. as applicable and as may be required in the specifications • Prepare, in consultation with city, field orders and change orders • Inspection of detour and construction signing/public safety • Collection of certificates of compliance and weight/quantity certificates • Coordination with city departments as applicable
• Resolution of construction issues, in consultation with city and/or contractor • Resolution of citizen complaints related to the construction • Checking to make sure slopes are in compliance with ADA requirements ( e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues • Coordination with Caltrans, Regional Water Quality Control Board, Merced County Association of Governments (MCAG), or other agencies as applicable
• Attend and run pre-construction meeting, periodic construction progress meetings • Inspect forms prior to concrete pours
• Insure/verify contractor's compliance with environmental document conditions or monitoring plans as may be applicable
• Any other reasonable and customary construction management functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications
155

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Exhibit B
Cost Proposal
CSG STATEMENT OF QUALIFICATIONS TO THE CITY OF Los BANOS ON-CALL CONSlRUCTION MANAGEMENT SERVICES
..

CSG's services are billed on a time-and-materials basis according to our standard rates, shown below.

PROFESSIONAL ENGINEERING SERVICES HOURLY RATE
Construction Inspector
Assistant Resident Engineer --- Senior Construction Inspector Resident Engineer
I Struct~r~ R;J,resentative
$175
$190
I $185 ~--·- - l·- --·------ --1
{ $230
$230
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. CSG will coordinate the pickup and return of plans to ond from CSG offices.

Overtime work will be billed at 1.Sx the hourly rates Indicated in the table above. On July 1 of each year following the contract start year, CSG will Initiate a rate increase based on change in CPI for the.applicable region. CSG will mail/email an Invoice every month for seNices rendered during the previous month. 157

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TO:

FROM:

DATE:

LOsBanos . .

At the Crossroacls <~ • C,,liforn,a
Agenda Staff Report
Jose
Mayor
Lemus,
and City Council
P.E., Interim
Members
Public Works Director/City
~
Engineer
January 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Cresthills Sewer Lift Station Rehabilitation Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:

That the City Council adopt the Resolution to:

1. Accept the construction of the Cresthills Sewer Lift Station Rehabilitation project as completed; and

2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and

3. Authorize the Interim Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

Background:

The City of Los Banos adopted the Wastewater Collection System Master Plan in 2010.

One of the planned infrastructure improvements for phase 2 (years 2016-2020) was the rehabilitation and replacement of wastewater lift stations. Staff identified the Cresthills Sewer Lift Station for rehabilitation. The Cresthills Lift Station pumps had deteriorated, the pipe columns were corroded, replacement parts were difficult to locate, and the result was a station prone to repeated failures. The replacement and rehabilitation of this system was critical to prevent future sewer system overflows.
159
Discussion:

The Public Works Department enlisted the services of our consultant, Provost and Pritchard, to design the project. The scope of work consisted of the rehabilitation of an existing sanitary sewer lift station located at 750 Bluff Drive, in the City of Los Banos.

Improvements included the removal of existing electrical controls and conduit, lift station pumps and appurtenances. Also included were the installation of submersible pumps and appurtenances, onsite piping, electrical service and motor control center including standby generator, reconfiguration of existing wet well bottom, installation of protective lining to existing wet well, temporary sewer bypass pumping as required and removal and replacement of minor concrete and asphalt above the underground improvements.

A mandatory pre-bid site visit was held on February 8, 2022, and the bids were opened on Tuesday, March 1, 2022. The City Council awarded the construction contract on March 16, 2022 to W.M. Lyles Co. in the amount of $642,749.00 with a 10% contingency in the amount of $64,000.00.

There were three change orders with this project. Change Order #1 consisted of upgrading a Tier 3 backup generator with an EPA Tier 4 backup generator, per SJVAPCD BACT Guideline 3.1.1, for a total of $59,208.00. Change Order #2 consisted of extra project time, and additional time for portable rentals, for a total of $7,553.00. Change Order #3 consisted of adding custom metal fencing around the generator, due to several thefts and vandalism that occurred during construction, for a total of $30,070.00. The total construction cost for this project was $739,580.00. This represents the original bid, plus three Change Orders. The Change Order percentage is 13% of the original bid.

Fiscal Impact:

Funds for this project were allocated in the Fiscal Year 2021-2022, 2022-2023, and 2023- 2024 budgets within the water fund 502-432-100-739.

Reviewed by:

Attachments:

Resolution
Notice of Completion
160
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE

CRESTHILLS SEWER LIFT STATION

REHABILITATION PROJECT AS COMPLETE

AND AUTHORIZING THE FILING OF A

NOTICE OF COMPLETION WITH THE

MERCED COUNTY RECORDER
WHEREAS, on March 1, 2022 the City of Los Banos received competitive bids for the construction of the Cresthills Sewer Lift Station Rehabilitation project; and WHEREAS, on March 16, 2022 the City Council awarded the Construction Contract to W.M. Lyles Co. for the construction of the Cresthills Sewer Lift Station Rehabilitation project; and
WHEREAS, the Interim Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept Cresthills Sewer Lift Station Rehabilitation project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Interim Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of January 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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162
RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME

CITY OF LOS BANOS
STREET AND NO.
520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 31st day of December, 2023, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was ____________ _ W. M. Lyles Co.
(If no contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the _____ ~C=it"'"y~o=f~L=o=s~B=a=n=o=s __________ _ County of Merced State of California, and is described as follows:
"Construction of Cresthills Sewer Lift Station Rehabilitation" The major work consists of removal of existing electrical controls and conduit, lift station pumps and appurtenances. The installation of submersible pumps and appurtenances, onsite piping, electrical service and motor control center including standby generator, reconfiguration of existing wet well bottom, installation of protective lining to existing wet well, temporary sewer bypass pumping as required and removal and replacement of minor concrete and asphalt above proposed underground improvements.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: -----------------

ACKNOWLEDGMENT
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LOsBanos
\t tl1f C ro\,,oads o/ crliJ,1n1 w
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Council Members ~(
Josh Pinheiro, City Manager
Lucy Mallonee, City Clerk/Human Resources rector
January 17, 2024 Y
TYPE OF REPORT: Consent Agenda
SUBJECT: Compensation Philosophy
Discussion:

That the City Council adopt the Resolution establishing a Compensation Philosophy for the City of Los Banos.

Background:

The compensation philosophy establishes an overarching goal for the City's pay and benefit plans, which is to provide competitive compensation as part of an overall strategy of attracting and retaining highly qualified employees who exemplify our organizational values. The philosophy acknowledges attracting and retaining employees is the result of a comprehensive strategic approach, and competitive compensation is not the only solution to this objective. The City continues its commitment to succession planning, training, development, and organizational effectiveness as part of this overall strategic approach.

The Compensation Philosophy identifies the objective of the City' s pay and benefit plans; the City' s objective is to provide competitive compensation as part of an overall strategy to attract and retain highly qualified employees who exemplify the organizational values.

The proposed philosophy further establishes a consistent methodology for determining whether or not the City' s plans are competitive. In addition, the philosophy establishes a broad framework for City Council and employees, to guide and understand decisions that affect pay and benefit plans. It is designed to reflect the importance public employees play in the delivery of services and programs to the community, while retaining appropriate flexibility for decision- makers; taking local circumstances such as fiscal health, fiscal 165
sustainability, and community acceptance into consideration when making compensation decisions.

Fiscal Impact:

There is no fiscal impact of adopting a Compensation Philosophy; but it is important to note that the City' s fiscal health will guide all compensation practices; thus, the City' s financial condition, competing service priorities, fund reserve levels, and revenue projections will be considered prior to implementing changes in compensation. Other relevant factors to be considered may include unforeseen economic changes, natural disasters, states of emergency, changes in City services, changes in regulatory or legal requirements, and community acceptability.

Attachments:

Resolution
Compensation Philosophy
166
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING A

COMPENSATION PHILOSOPHY
WHEREAS, the City Council of the City of Los Banos has received a request that a "Compensation Philosophy" be adopted; and
WHEREAS, the proposed Compensation Philosophy establishes an overarching goal for the City' s pay and benefit plans, which is to provide competitive compensation as part of an overall strategy of attracting and retaining highly qualified employees who exemplify our organizational values; and
WHEREAS. the Compensation Philosophy acknowledges attracting and retaining employees is the result of a comprehensive strategic approach, and competitive compensation is not the only solution to this objective; and WHEREAS, The City continues its commitment to succession planning, training, development, and organizational effectiveness as part of this overall strategic approach; and
WHEREAS, the City' s fiscal health will guide all compensation practices; thus, the City' s financial condition, competing service priorities, fund reserve levels, and revenue projections will be considered prior to implementing changes in compensation; and WHEREAS, Other relevant factors that may be considered are unforeseen economic changes, natural disasters, states of emergency, changes in City services, changes in regulatory or legal requirements, and community acceptability; and WHEREAS, the City Council has reviewed said request and approves the "Compensation Study" and shall read as attached on "Exhibit A".

NOW, THEREFORE, BE IT RESOLVED THAT the foregoing Resolution was introduced at a regular meeting of the City Council of _the City of Los Banos held on the 17th day of January 2024, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT A

CITY OF LOS BANOS

COMPENSATION PHILOSOPHY

OVERVIEW
The City of Los Banos ("the City") compensation strategy supports the City's purpose to provide excellent services to the community at all times, and strives to maintain external competitiveness and internal equity. It considers many factors including: fair compensation to existing employees; competitive compensation to attract high quality applicants; comparability to other agencies; budget and funding; organization objectives; cost of living; Union agreements; and compliance with local, state and federal law. The City's strategy focuses on the Central Valley labor market, and includes public employers of similar size, operation; and budget, and the geographic proximity to the City.

LABOR MARKET COMPARATORS
The City's objective is to remain competitive with the relevant labor market. Comparators are the City's market competition -the entities with whom the City competes for qualified employees.

Generally, the City uses public agencies in the local geographic area and adjacent communities, with similar operational factors, organization type and structure, population, scope of services provided, and economic profiles.

The City's Market Comparators are:
• City of Ceres
• City of Clovis
• City of Gilroy
• City of Hollister
• City of Lodi
• City of Madera
• City of Manteca
• City of Merced
• City of Patterson*
• City of Oakdale
• City of Tracy
• City of Turlock
*City of Patterson is not used in police comparator surveys, as Patterson public safety service is provided by Stanislaus County Sheriff's Department.

TOTAL COMPENSATION
The City assesses how its total compensation package compares to the market by conducting targeted surveys of its Labor Market Comparators. Total compensation includes:
• Maximum salary
• Deferred compensation
• Longevity compensation/ Master Police Officer Pay for Police Officers 169

CITY OF LOS BANOS

COMPENSATION PHILOSOPHY
• Education and certification incentives
• Heath, dental, and vision benefits
• Employer cafeteria contributions
• Employer social security and Medicare contributions
• Employer contributions to retiree health savings account • Less the employee cost share of the employer share of pension

COMPENSATION SETTING
The City's compensation setting strategy considers:
• Labor Market Placement, primarily defined by how the City's total compensation compares to the median of total compensation for employees considered new members under the California Public Employees' Pension Reform Act (PEPRA) of the key Labor Market Comparators.
• Financial Sustainability, including the City's financial condition as reflected throughout the financial forecast, competing service priorities, maintenance needs, capital improvement and other asset requirements, fund reserve levels, and revenue projections prior to implementing changes m compensation.
• Internal Equity and Relationships, referring to the relative value of classifications to one another as determined by the City. Classifications performing comparable duties, with comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment, will be valued similarly in the City's compensation structure. • Public Acceptability, since taxpayers ultimately fund all employee compensations. • Other Relevant Factors, which may include unforeseen economic changes, natural disasters, states of emergencies, changes in the City services, and changes in regulatory or legal requirements.

TIMING OF SALARY ADJUSTMENTS
Salaries are generally adjusted only during contract negotiations for represented classes. For most management classifications or non-represented positions, salaries are generally adjusted after completion of contract negotiations with the City's unions.

During times of limited financial resources, equity adjustments are generally limited to classifications that are both significantly behind comparator data and for which the City is experiencing significant recruitment and retention problems. Where both conditions do not exist, equity adjustments are generally not made.
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TO:

FROM:

DATE:

LOsBanos
re ad of ali ornia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director<:JziJanuary 17, 2024 TYPE OF REPORT: Agenda Item
SUBJECT: Homekey Grant Program Update
Recommendation:

Informational item only, no action to be taken.

Background:

The California Department of Housing and Community Development (HCD) Department announced the availability of approximately $736 million of Homekey Program (Homekey) grant funding through the Round 3 Notice of Funding Availability (NOFA). This significant investment continues a statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, disproportionately impacted by and at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases.

Of the $736 million in Homekey funding, $435 million is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2) and $301 million is State General Fund. The $301 million in State General Fund money is intended to supplement the acquisition of, and to provide initial operating subsidies for, Homekey sites to promote Project feasibility.

Funds available to the "San Joaquin" region (includes the following Counties: Fresno, Kern, Kings, Madera, Merced San Joaquin, Stanislaus, and Tulare) are in the amount of 1 171
$43,252,159.00. This is the amount available for the entire region. Each jurisdiction within the region may apply as a sole applicant or a joint applicant with a nonprofit or for-profit corporation, a limited liability company (LLC), and/or a limited partnership (LP) as a CoApplicant.

On May 17, 2023, the Los Banos City Council adopted Resolution No. 6637 authorizing the submittal of a Homekey Project Application to the State of California Housing and Community Development (HCD) Department.

The City of Los Banos submitted an application for $15 million to HCD for a hotel conversion for the renovation and beautification of the La Plaza Inn located at 2169 E.

Pacheco Blvd. The proposed project consists of converting the existing hotel into 60 units of Permanent Supportive Housing for homeless and chronically homeless individuals in Los Banos.

The State received a total of nearly $1.27 billion in applications for Homekey. HCD continues its review of applications, and grant awards have been announced on a rolling basis until all funds are exhausted.

The State has awarded $518,087,556 in funds so far of the approximate $736 million Homekey Program grant funds available. The project is oversubscribed, but staff is hopeful that our project will be awarded from the approximate $217,912,444 remaining funds still available in the program.

Discussion:

Reviewed by:
2 172
.LC>sBanos
t I he , ossrnad.s ulijor ni«
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC _r
City Clerk/Human Resources Director
DATE: January 17, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointments
Recommendation:

Appoint members to the following City Commissions:

Airport Advisory Commission - Three (3) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 One (1) Unexpired Term - Expiring December 31, 2024
Measure H Citizens' Oversight Committee - Two (2) Vacancies Two (2) Two (2) Year Terms - Expiring December 31, 2025 Parks and Recreation Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 Tree Commission - Three (3)
Three (3) Two (2) Year Terms - Expiring December 31, 2025 Discussion:

Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised.

Fiscal Impact:

None
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Reviewed by:
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LOsBanos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date:

Re:

Proposal:

January 12, 2024
Notice of Public Hearing
Site Plan Review #2023-02 & Final Development Plan #2023-02- Snow Goose Townhomes
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15332 (In-fill Development Projects), Site Plan Review #2023-02, and Final Development Plan #2023-02 for Snow Goose Townhomes. The project consists of the development of twenty-five (25) townhomes within a private gated residential development. The project site is within the Low Density Residential Zoning District with a Planned Development Overlay. The project site is located at the northwest corner of Creekside Dr. and Snow Goose Dr. intersection; more specifically identified as Assessor's Parcel Numbers: 084-010-094.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, January 24, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

LOS BANOS
Rudy Luq in
Associate Planner
..
175
LOsBanos
Ar th ,o. , a, of lif, ,,,;a

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: January 12, 2024
Re: Notice of Public Hearing
Proposal: Conditional Use Permit #2024-01- - Commercial Storage Container NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Accessory Structures) for Conditional Use Permit #2024-01 to allow the use of one (1) storage container for additional storage to be located within the Mixed Use Zoning District at 525 I St., more specifically identified as Assessor's Parcel Number: 025-241-007.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, January 24, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
. LOS BANOS
Rudy
Associate Planner
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