Agenda — Sanger City Council, November 21, 2024

AVAILABLE FOR REVIEW 72 HOURS

PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S

OFFICE AND THE SANGER CITY HALL
LOBBY.

AGENDA

SANGER CITY COUNCIL REGULAR MEETING
THURSDAY, NOVEMBER 21, 2024
6:00 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.

The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.

Prior to action by the Council on any item on this agenda, the public may comment on that item.

A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS

1. Introduction to Sanger Youth Council presented by Joaquin Zamora, Recreation Supervisor.
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E. PRESENTATIONS

1. Pavement Management Program
F. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)
G. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)

1. SUBJECT: Minutes of the Regular Meeting held on November 7, 2024.

RECOMMENDATION: That the City Council approve.

2. SUBJECT: Police Department Monthly Report for the months of September and October.

RECOMMENDATION: Informational item.

3. SUBJECT: Fire Department Monthly Report for the months of September and October.

RECOMMENDATION: Informational item.

4. SUBJECT: Warrants including check Nos. 92952 through 93126 for the month of September; and warrants including check Nos. 93127 through 93315 for the month of October.

RECOMMENDATION: Informational item.

5. SUBJECT: Payroll for the months of September through October including Direct Deposit Nos. 64467 through 64956; Payroll check Nos. 59956 through 60027; and Benefit Check Nos. 2040 through 2055.

RECOMMENDATION: That the City Council approve.

6. SUBJECT: Purchase of Two Patrol Vehicles and Emergency Equipment Installation on Four Patrol Vehicles.

RECOMMENDATION: That the City Council approve the purchase of two Ford Interceptor patrol vehicles from Fahrney Automotive Group and for the purchase and installation of emergency equipment by Cook’s Communication on four patrol vehicles. This acquisition will sustain operational readiness for the Sanger Police Department.
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7. SUBJECT: Ratify Actions and Agreements for Industrial Headworks and Cross Contamination Emergency Work at the Sanger Wastewater Industrial Treatment Facility.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-67 Reviewing the Emergency Actions Taken by City Manager to Make Emergency Repairs On The Wastewater Treatment Facility Industrial Headworks, Cross Contamination After the Thickener Clarifier, and Emergency Flushing and Debris Clearing Major Sewer Line from Wastewater Plant to Academy Avenue and Ratifying Contracts With Packing Pro Tech, Inc Dba Rockeez Engineering and With Video Inspection Specialists, Inc. (“VIS”).

8. SUBJECT: Sewer Easement Acceptance, SAC Wireless Communication Tower Project.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-68, which accepts the grant of easement for public sewer purposes through the property known as Assessor Parcel Number (APN) 320-011-21S.

9. SUBJECT: Right of Way Acquisitions – Bethel Avenue.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-69, which accepts the right -of-way dedications for permanent public street and utility purposes along the west side of Bethel Avenue just south of the California Avenue alignment.

10. SUBJECT: Establishing Procedures for State and Federal -Aid Project Construction Administration – Adoption of Caltrans Local Agency Procedures Manual Chapter 16.

RECOMMENDATION: That the City Council approve Resolution No. 2024- 70, which adopts the Caltrans Local Agency Procedures Manual Chapter 16, “Administer Construction Contracts” to establish procedures and guidelines for administering state and federally-funded construction contracts.

11. SUBJECT: Final Acceptance for Well No. 19 Drilling & Development.

RECOMMENDATION: That the City Council:

1. Accept the work for the Well No. 19 Drilling and Development in the amount of $590,579.00; and

2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and

3. Authorize payment of 5% retention in the amount of $29,528.95 to Zim Industries upon expiration of the 35-day lien period.

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12. SUBJECT: Approval of Fresno -Madera Area Agency on Aging (FMAAA) Contract for FY 2024-2025 – Contract No. 25-0191- Amendment #1.

RECOMMENDATION: That the City Council approve Contract 25 -0191- Amendment #1 with the Fresno Madera Area Agency on Aging for the Title III C1 Congregate Nutrition Program For Older Adults And Authorizing their Execution by City Manager for FY 2024-2025.

H. DEPARTMENT REPORTS

1. SUBJECT: Purchasing Policy and Procedures Ordinance.

RECOMMENDATION: That the City Council Waive Full Reading and Introduce Ordinance No. 2024-08 Repealing Divisions 2 and 4 of Chapter 2, Article V , and Adding New Division 2 to Chapter 2, Article V of the Sanger Municipal Code Relating to Purchasing Policy and Procedures.

2. SUBJECT: Memorandum of Understanding between the City of Sanger and Sanger Firefighters Association.

RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU) between the City of Sanger and Sanger Firefighters Association (Association) for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

I. CITY MANAGER/STAFF COMMUNICATION
J. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, and to initiate new agenda items. Under this section, the Council may take action only on any items specifically agendized and which meet other requirements for action.)
K. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated thi s 15h day of November 2024.

Corina Tamez, City Clerk/Executive Assistant
For
4 City Council Agenda
November 21, 2024

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ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected].

The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876-6300 extension 1350 so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.

TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.

NOTICE OF A V AILABILITY OF AGENDA DOCUMENTS . Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.

5 Minutes of a Regular Meeting of the Sanger City Council THURSDAY , NOVEMBER 7, 2024
6:00 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:00 pm.

B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.

The flag salute was led by Mayor Frank Gonzalez.

Roll Call

Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez

Absent: None
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
The Council by motion of Council Member Montelongo remove Agenda Item E-2 and approved the agenda as amended. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. CEREMONIAL MATTERS

1. Introduction of new Building Official, Human Resources Manager , and Water Operations Manager, Public Works Supervisor.

G-1
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November 7, 2024

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Community Development Director David Brletic introduced Building Official Carlos Tovar to City Council. Assistant City Manager/Administrative Services Director introduced Human Resources Manager Amanda Champion. Public Works Director Esperanza Rosales introduced Water Operations Manager George Jasso and Public Works Supervisor Eddie Gonzalez.

E. PRESENTATIONS

1. FCTA Measure C, Terry Ogle

Terry Ogle, FCTA and Robert Phipps, FCOG presented a Measure C update to the Council.

2. Pavement Management Program - REMOVED

F. PUBLIC FORUM

Osvaldo, Congratulated the Council Members on their reelections.

Rick, Sanger Resident in District 2, Informed Council of the unevenness on the road between Sanger Avenue and Cherry due to new construction. Requested that the city do active prevention to make sure the roads are leveled and safe for all residents.

G. CONSENT CALENDAR

The Council by motion of Council Member Melendez approved the following items on the Consent Calendar:

1. SUBJECT: APPROVED - Minutes of the Special Meeting s and Regular Meetings held on September 5, 2024, and September 19, 2024.

That the City Council approve.

2. SUBJECT: APPROVED - Warrants including Check Nos. 92754 through 92951.

Informational item.

3. SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 64074 through 64466 Payroll Check Nos. 59851 through 59955; and Benefit Check Nos. 2028 through 2039.

That the City Council approve.

4. SUBJECT: APPROVED - Destruction of Public Records that Exceed Legal Retention Periods.

That the City Council adopt Resolution No. 2024-66 authorizing the destruction of certain records held by the City Clerk’s Office and Human Resources Department in accordance with State law and the Sanger City Code.

5. SUBJECT: APPROVED - Purchasing of Scheduling Software That the City Council approve a five-year agreement with TimeClock Plus, LLC, a 7 City Council Regular Meeting Minutes
November 7, 2024

Page 3 of 5 ends

Delaware limited liability company, in the amount of $34,861.74 and authorize the City Manager to execute the agreement.

6. SUBJECT: APPROVED - Agreement with the County of Fresno for Police Dispatching Services
That the City Council approve Service Agreement for Law Enforcement Services with the County of Fresno for dispatch services and authorize the City Manager to execute the agreement.

The motion was seconded by Council Member Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

H. DEPARTMENT REPORTS

1. SUBJECT: APPROVED - Well 22 Facilities and Site Improvements Project Contract Award.

The City Council by motion of Council Member Montelongo:

1) Award the contract for the project to West Valley Construction Company, Inc., P.O.

Box 5639, San Jose, CA 95126, in the amount of $2,088,315.00; and 2) Approve a construction contingency for change order s in the amount of $200,000 (9.6%) for this project; and
3) Authorize the City Manager to sign contract documents on behalf of the City.

The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

I. CITY MANAGER/STAFF COMMUNICATION

City Manager Nathan Olson announced:

• Welcomed the Council to view the artwork in the City Hall lobby created by Fairmont Elementary School, 5th grade class. The 5th graders mimicked the “Starry Night” style and drew the Sanger water tower and Sanger mountains.
• Congratulated the Council Members for their reelection. • Thanked Sanger residents for going out and voting on Measure R.

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November 7, 2024

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J. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS

Mayor Pro Tem Martinez
• Updated on the Legue of California City’s Annual Conference that he attended regarding city issues and preventions.
• Gave appreciation to Sanger Chamber of Commerce for putting together the Trunk-or- Treat event and that it was an amazing event.
• Thanked the residents in District 3 for the reelection.

Council Member Hurtado
• Gave appreciation to District 1 residents for the reelection.

Council Member Montelongo
• Congratulated the Council Members that were reelected. Spoke on the voting process and the appreciation to all that voted.
• Informed the public that on January 14th they will be hosting a presentation on Human Trafficking at the Sanger High School at 6:00 PM. There will be extensive information on the topic and there will be Spanish speaking available. • Informed City Manager and Police Chief on parking issues on 9th Street by Sanger High School. Vehicles are parking at a no parking zone.
• Thanked the Chamber of Commerce on the Veteran’s Parade and the Trunk-or-Treat event.
• Congratulated the new Sanger Staff.

Council Member Melendez
• Congratulated the Council Members on their reelection. • Requested an update on the JFK park. City Manager Olson responded with an update on the completion of the walking and informed Council that all work was completed in house. Council Member Melendez thanked all staff that helped with the project. • Gave thanks to the Chamber of Commerce for the Veteran’s Parade and Trunk-or-Treat event.

Mayor Gonzalez
• Commented on the Cherry Avenue construction that the Sanger resident mentioned during Public Comment. City Manager Olson responded that the issue has been looked into and that the construction will be leveling it out soon. • Commented that the city should bring back 3rd grade tours to City Hall. • Updated on the Legue of California City’s Annual Conference that he attended and spoke on the breakout rooms regarding the homeless. Featured the program North Orange County has.
• Thanked the Chamber of Commerce for the Veteran’s Parade and Trunk-or-Treat event. • Informed staff and the audience that he will be representing the City of Sanger on a national stage at the National Legue of City’s in Tampa, Florida. • Thanked the voters for the reelection.

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November 7, 2024

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K. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 6:49 pm.

ATTEST:

Sierra Delgado, Human Resources Analyst
10 SANGER POLICE DEPARTMENT
Monthly Report
November 21, 2024
September/October Report

GREG GARNER, CHIEF OF POLICE

CRIME TRENDS
• Reported crime in the months of September and October showed a marked increase as compared to the months of July and August. Overall reported crime rose 60% (85 vs 51), fueled by a 62% increase in reported larceny (28 vs 45) and a 31% increase in Auto theft (4 vs 14). Reported Violent Crime also showed an increase with a 22% increase in Assault (11 vs 14), Sexual Assault (3 vs 4) and Robbery (1 vs 3). These numbers reflect increases following July and August that logged the fewest number of reported crimes for any other months of the year.

SIGNIFICANT CALLS FOR SERVICE
• On October 9th, at approximately 11:58am, Officers were dispatched to 1045 Bethel Ave. (Sanger High School) on a report of an armed student on campus.

Upon arrival, Officers locked down the school and conducted a safety sweep of the entire campus, with negative results on an armed subject. The lockdown was lifted, and the students were later released. A ping of the reporting number showed it to be in the state of Nevada. Further investigation will be conducted by Sanger PD Detectives.
• On October 9th, at approximately 10:10pm, Officers responded to the location regarding a subject who was being held at gunpoint. An additional caller advised that there were shots fired. Upon arrival, at the NW corner of 10th & N Street, officers located a male subject laying on the ground with several GSW’s. EMS responded and transported the subject to CRMC hospital. Another subject at the scene claimed to have shot the other subject in self-defense. This subject was cooperative during the investigation. The firearm that was said to have been used was recovered. This subject had several bruises on his back and arms due to an altercation between himself and the subject who had been shot. Detectives responded to the scene and later served a SW at the residence where several firearms were recovered. Fresno County Sheriff Crime Scene Unit arrived on scene and assisted with collection of evidence at the scene as well as processing and collecting evidence. The investigation is on-going.

G-2
11 • On October 17th, at approximately 4:20am, Officers responded to a report of a disturbance between two adult males. One of them was contacted running West at the corner of Harrison and Church Ave. completely nude. He stated that he was jumped by a subject known to him. The victim claimed the suspect had taken all his clothes, belongings including a backpack at gunpoint and once he was nude, the suspect forced him to walk across the street to 203 Morton Ave. A perimeter was set and with the assistance of FSO deputies, a sweep was going to be conducted when the suspect walked out from 203 Morton Ave. He was immediately detained. Evidence was found at 208 Morton Ave. corroborating the victim’s statements. The suspect was taken into custody to be booked into Fresno County Jail for the mentioned charges.

TRAFFIC ENFORCEMENT

There were no fatal collisions during this reporting period. There was a total of twenty-one (21) total collisions in September and October. Thirteen (13 of the total collisions were non-injury, eight (8) collisions involving injury, and two (2) involving DUI. 160 traffic citations were issued in this period, with 101 moving violations and 59 non-moving violations.

ARRESTS

Officers made a total of one hundred & eleven (111) arrests made in September and October, fifty-one (51) felonies, sixty-one (61) misdemeanors, including six (6) for DUI & eleven (11) for domestic violence.

ANIMAL CONTROL

There were twenty-six (26) dogs picked up during the month of September (October stats unavailable at time of report). Three were twenty-five (25) injured or deceased dogs picked up No citations or warnings were issued during this reporting period. Two (2) animals were reclaimed, two (2) reported dog bites, four (4) dogs euthanized.

COMMUNITY EVENTS

The Department’s first “Residents Academy” began on October 2nd. “National Night Out” took place on Sunday, September 8th. We participants in this year’s “Trunk or Treat” event, sponsored by the Sanger Chamber of Commerce on October 31st.
12 City of Sanger Fire Department
Greg Tarascou, Fire Chief
1700 7th Street • Sanger, CA 93657 • Phone (559) 875-6568 • Fax (559) 875-6611 October 10, 2024
To: Honorab
le Mayor and Council Members
Nathan Olson, City Manager
From: Greg T
arascou, Fire Chief
RE: FIRE D

EPARTMENT REPORT FOR SEPTEMBER
For the
month of September, there were 274 calls for services for ambulance services within our area and within surrounding areas. Crews were also dispatched to 47 requests for services in September for fire calls, including house fires, trash and warming fires, building fires, vehicle fires and unintentional or false alarm calls. This total equates to 321 calls in September, or just under 11 calls per day.

Chute time
s are measured from the time the station is notified of an alarm to the time the unit goes enroute.

For the months of September our average chute time was measured at 1 minute, 12 seconds, well below our benchmark of 90 seconds. Approximately 72% of the time our crews had a chute time of less than 90 seconds.

Our trav
el time is measured from the time the unit is enroute to the time that we arrive on scene. In September, our response time showed an average response time of 6 minutes and 49 seconds. Our total call time for the month of September for both fire related and emergency medical calls for service measured at the 90% percentile was 1 hour and 45 minutes. This equates to roughly over 2/3 of a 24-hour period where units are busy on calls for service.

In Septem
ber staff from the Fire Department attended the annual National Night Out at Cesar Chavez Park.

The event was well attended despite the heat that day. In addition, crews attended the 9/11 event held annually at both the Sanger High School and at the California Firefighter Memorial in Clovis. Crews also attended a Safety Day at Pitman Farms on September 19, where they instructed employees on sidewalk CPR.

Lastly, the Fire Department coordinated a city-wide training event on the use of Microsoft 365 that was held on September 24 in the Council Chambers.

The rem
odel and construction of the fire station continued during the month of September, despite several days of over 105* weather. The work was centered mostly around the roof assemblies, tying in the new construction into the existing. We saw the finish of the rough utilities including all of the electrical, plumbing and fire sprinkler systems in the new construction with work starting on the exterior soffits and instillation of the insulation. Lastly, we were surprised to find Captain Gee’s boots in the attic space from when he retired in July of 1996. Coincidentally, he just happened to be returning to Sanger from Montana to visit family and the lost boots were returned to their original owner – who graciously donated them to the Sanger Historical Society.

I am of co
urse always available to answer any questions you have.

G-3
13 City of Sanger Fire Department
Greg Tarascou, Fire Chief

1700 7th Street • Sanger, CA 93657 • Phone (559) 875-6568 • Fax (559) 875-6611

November 12, 2024

To: Honorable Mayor and Council Members
Nathan Olson, City Manager

From: Greg Tarascou, Fire Chief

RE: FIRE DEPARTMENT REPORT FOR OCTOBER

For the month of October, there were 266 calls for services for ambulance services within our area and within surrounding areas. Crews were also dispatched to 65 requests for services in October for fire calls, including house fires, trash and warming fires, building fires, vehicle fires and unintentional or false alarm calls. This total equates to 331 calls in October, or just over 10 calls per day.

Chute times are measured from the time the station is notified of an alarm to the time the unit goes enroute.

For the month of October our average chute time was measured at 1 minute, 17 seconds, well below our benchmark of 90 seconds. Approximately 67% of the time our crews had a chute time of less than 90 seconds.

Our travel time is measured from the time the unit is enroute to the time that we arrive on scene. In October, our response time showed an average response time of 6 minutes and 42 seconds. Our total call time for the month of October for both fire related and emergency medical calls for service measured at the 90% percentile was 1 hour and 45 minutes. This equates to roughly over 2/3 of a 24-hour period where units are busy on calls for service.

The Fire Department started the month of October participating in the City’s Job Fair located at the Community Center. Information on how to become a firefighter or EMT was shared along with taking information on how to apply for current positions within the City. In October, crews responded to three different fires that were determined to be caused by arson. In collaboration with Sanger PD, three arrests were made by the Department’s Fire Investigation Team and are pending court dates. Similarly, administrative hearings for illegal fireworks were held toward the end of October. Due to the exceptional work by the Fire Investigation Team, all the charges were upheld relating to the use of illegal fireworks in the City during the 4
th of July holiday. In addition, members of the Fire Association participated in Breast Cancer Awareness month by selling shirts to raise money for Pink Heals, a local non-profit organization that uses pink fire engines to spread awareness of feminine cancers. Incidentally, several years ago the City Council donated one of our decommissioned fire engines to this organization to which they use today. Lastly, the Fire Department participated in the Halloween and Dia de los Muertos events in town with the annual Trunk-or- Treat in Brehler Square and with the Boys and Girls Club at the Community Center.

The remodel and construction of the fire station continued to focus on both the exterior and interior of the fire station during the month of October. Construction crews nearly completed the work on the exterior soffits, blending the older construction into the new. In addition, all of the utilities have been placed and crews started work on hanging drywall and prepping to start work on finish work in the new construction 14 areas. They are anticipated to complete the new construction areas sometime in the middle of December then start on the renovation of the current operations side and the apparatus bay.

I am of course always available to answer any questions you have.

15 Prepared by: Sierra Delgado Approved by: _Nathan Olson_____________________ REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X_ Consent
__X_ Info Item
____ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: November 21, 2024
Agenda Item No.: G-4

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Michelle Speer, Assistant City Manager
Subject: Warrants
RECOMMENDATION:

This is not an action item. Warrants including check Nos. 92952 through 93126 for the month of September; and warrants including check Nos. 93127 through 93315 for the month of October. 16 V6d ctqarc # ctmtru
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245.78
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705.50
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EAST BAY TIRE CO 2066914 8t20t2024 ALTGNMENT #359 261.98 Page: 1
17 apGhklst
O9|OGI2O24 10:36:54AM
Bank : waap WESTAMERICA BANK
Gheck# Date Vendor
(Continued)
lnvoice
ELITE UNIFORMS JJ2W1318
FEDERAL EXPRESS 967957686
FRESNO ALARM COMPAI\ 26463
FRESNO COUNTY DEPT ( 5957
FRESNO COUNTY TREAS 312778
312486
312624
312625
312783
312628
312626
312627
312487
312489
312810
FRESNO TRUCK CENTEF 1905047:01
GAMEZ, LYDIA 4026930
GRA|NGER, tNC. 9222572621
HALTCO LLC 20240731
20240630
20240532
20240531
HARTFORD-PRIORITY AC 8691 69
HEALTH NET OF CA REFL 40405111
31 025601
40122191
40342501
FinalCheck List
City of Sanger
lnv Date Descriotion

UNIFORM (MCWILLIAMS)

DELIVERY SRV-PD

ALARM MONITOR

DISPATCH SRVS - AUG
Page: 2
Amount Paid Gheck Total
411.71 411"71

18.77 18.77

75.00 75.00
1,489.00 1,489.00
92968
92969
92970
92971
92972
92973
92974
92975
92976
92977
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
12336
00300
05055
0031 8
00326
07174
12671
0041 I
12253
08753
06476
8t13t2024
8t9t2024
9t1t2024
8t20t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t10t2024
8t13t2024
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID28'
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID28,
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID#2I
STATE CUPA SURCHRG ID1 O(

VISOR CLIPSA/ENTS
192.00
183.00
183.00
183.00
183.00
183.00
183.00
183.00
183.00
183.00
183.00
214.44
520.59
285.98
114.42
114.42
2,835.43
122.45
106.38
106.38
106.38
2,022.00
214.44
1,035.41
2,835.43
441.59
BI27 12024 DUPLICATE PAYMENT
8t20t2024 PUMP (CHAVEZ)
134.05 134.05
3,527.55 3,527.55
7t31t2024
6t30t2024
4t30t2024
5t31t2024
9t1t2024
SUPPLIES (K9)
SUPPLIES (K9)
SUPPLIES (K9)
SUPPLIES (K9)

EMP LTD SEPT
AMB OVERPMT#40405111
AMB OVERPMT#3102560
AMB OVERPMT #40122191
AMB OVERPMT #40342501
8t26t2024
8t26t2024
8t26t2024
8t26t2024
92978
Page: 2
18 apChklst
O9|OGI?O?4 10:36:54AM
FinalGheck List
Gity of Sanger
Page: 3
Bank
Clieck #
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
Ua;f,
lnv Date Descriotion Amount Paid Check Total
92979 9t6t2024 06804 INDUSTRTAL ELECTR|CAL 76778 8t14t2024 GENERATOR MATNT WELL25 1,628.04 Voucher: 76779 811412024 GENERATOR MAINT WELL11 1,625.78 76780 8t14t2024 GENERATOR MATNT WELLTA 1,566.44 4,820.26 92980 9t612024 12653 INVERTER SUPPLY 66936 916t2024 SOLAR TNVERTER REPLACET 5,313.00 5,313.00 Voucher:
92981 91612024 12669 JIMENEZ, JUAN A Ref000103832 812712024 UB Refund Cst #00026261 155.98 1s5.98 Voucher:
9W
Voucher:
92983 9t6t2024 00483 JORGENSEN CO. 6147299 8t2012024 FIRE EXT MA|NT 303.96 303.96 Voucher:
92984 9t6t2024 12448 JULTO'S KUSTOM STUDTC 7 812912024 BODYWORK 4,900.00 4,900.00 Voucher:
92985 9t6t2024 11757 KTNGS TNDUSTRTAL OCC 246488 8t7t2024 PHYSICAL EXAMS DOT 475.00 475.00 Voucher:
92986 9t6t2024 06438 LAW & ASSOCTATES INVE 24-148 8t1512024 BACKGRD INV-PD 800.00 800.00 Voucher:
92987 9t6t2024 12663 LDAPARTNERS 3t8220124 812312024 ARCHITECTURALSVCS 9,717.03 9,717.03 Voucher:
92988 9t6t2024 00534 L|FEASS|ST, tNC. 1504013 812612024 MEDSUPPLIES 2,162.01 Voucher: 1504016 812612024 NARCOTIC SEALS 159.78 2,321.79 92989 91612024 12668 MARTINEZ, RICHARDANI Ref000103831 812712024 UB Refund Cst#00025928 158.95 158.95 Voucher:
92990 9t6t2024 12673 MENDOZA, CHRTSTTAN RETMB 8t28t2024 GYM JULY/AUG 60.00 60.00 Voucher:
92991 9t6t2024 11795 M|RELES, MARTANATALT RETMB 91412024 MILEAGE 919-9111124 191.00 191.00 Voucher:
92992 9t6t2024 00596 M|SS|ON L|NEN SUPPLY AUG 8t31t2024 PW UNIFORM/LINEN SRV 2,185.92 2,185.92 Voucher:

Page: 3
19 apGhkLst
0910612024 10:36:54AM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
92993 9t6t2024 08962
Voucher:
(Continued)
lnvoice
MOORE TWINING ASSOC 4144240
4144459
4144336
4144114
4144461
4144115
4144532
4144118
4144151
MUNISERVICES LLC 19381
1 9380
NAVIA BENEFIT SOLUTIO 10884301
lnv Date Descriotion
MTLEAGE 9t9-9t11t24

MILEAGE/MEAL

TEMP LABOR SRVS

STREET SWEEPING - AUG
MAINT V120

STRIPING

SAFETY SIGNS

ACO SRVS

ACO SRVS
Page: 4
Amount Paid Gheck Total
450.00
226.00
210.00
170.00
120.00

75.00 50.00

16.00 10.00
104.94

4.80 200.00
1,327.00
109.74
200.00
288.00
242.21
275.00

18.00 301.51
1,332.80
7,175.00
287.16
168.21
120.04
288.00
242.21
275.00

18.00 301.51
1,332.80
7,175.00
287.16
168.21
120.04

WATER SAMPLING

WATER SAMPLING
SALES & USE DIST T$UQT1
SALES & USE TA)v QTR 1

COBRACOVERAGE (AUG)
FinalCheck List
City of Sanger
92994
92995
92996
92997
92998
92999
93000
93001
93002
93003
93004
93005
93006
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
04045
11735
07168
11987
12670
061 99
07037
02489
03531
06704
12511
07081
07309

NVB EQUIPMENT INC

NWESTCO LLC

ORTEGA, ANNELISA

PITTS, CRAIG

PUGA, BRIAN

RANDSTAD

SCAOF CA, LLC

SERPA'S AUTO & TIRE

SHERWIN WILLIAMS CO,

SIGNMAX

SOUTH CO VETERINARY
8I3OI2O24 WATER VALVE 4356
812312024 FUEL PUMP MAINT
912612024 DUPLICATE PAYMENT #2024C
5742
507201
2024011442
REIMB
REIMB
35064727
2024-007337
1 0901
2087-2
47595
284650
284330
8t23t2024
8t28t2024
8t27t2024
8t21t2024
8t28t2024
8t21t2024
8t30t2024
8t22t2024
8t22t2024
8t16t2024
8t16t2024
8t28t2024
9t4t2024
8t28t2024
8t25t2024
8t112024
8t26t2024
8t20t2024
8t19t2024
8t21t2024
8t9t2024 141.OO

94.00 47.00
Page.4
20 apChklst
0910612024 10:36:54AM
Bank : waap WESTAMERICA BANK
Clieck # Date Vendor
93007 9t6t2024 02536
Voucher:
(Continued)
lnvoice
SPARKLETTS 9407216
941 0548
9410545
1266STEELE PRINTING
SUBURBAN PROPANE 540641
SUPERIOR POOL PRODU 2028419
2028417
2028418
2028415
2028416
2028421
20287420
SWANSON FAHRNEY FOI 246074
SYTECH AUTOMATION COS6
cosT
TELDATA, INC 12823
TELSTAR INSTRUMENTS 123032
THERMO KING FRESNO, 41869
TODD COMPANIES 1
TRANS UNION LLC 7445204
TYLER TECHNOLOGIES I 482382
UNITY IT 366935
Page: 5
Amount Paid Check TotalInv Date Description

BOTTLED WATER (PW)

BOTTLED WATER

BOTTLED WATER (FI NANCE)

TYPESET/PROOFS/PAPERS
8t20t2024 PROPANE
FinalCheck List
City of Sanger
9t1t2024
9t1t2024
9t5t2024
8t14t2024
302.62
142.36

67.44 440.95
1,325.63
836.75
784.45
779.04
732.15
675.17
441.46
432.90

94.05 4,550.00
1,400.00
1,140.96
1,414.78

16.58 128,338.35

90.00 825.00
499.86
512.42
440.95
1,325.63
4,681.92

94.05 5,950.00
1,140.96
1,414.78

16.58 128,338.35

90.00 825.00
499.86
20,259.37
93008
93009
9301 0
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
01 354
11796
10973
08757
09275
09797
12252
02337
09314
04117
04091
08821
09303
8t12t2024
8t22t2024
8t22t2024
8t22t2024
8t22t2024
8t22t2024
8t22t2024
8t21t2024
BULK CHLORINE (WELL2A)
BULK CHLORINE (WELL11)
BULK CHLORINE (WELL6)
BULK CHLORINE (WELL2s)

BULK CHLORINE (WELLTA)
BULK CHLORINE (WELL14)
BULK CHLORINE (WELLg)
VEHC MAINT'22 FORD93011
93012
9301 3
93014
9301 5
93016
9301 7
9301 8
9301 9
93020
9t612024
Voucher:
9t6t2024
Voucher:
91612024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
8t12t2024
8120t2024
6t24t2024

ELECTRICAL MAINT

RESET BREAKER

CABLE INSTALL

FIELD WORK
ADAPTOR #358
NORTH SANGER GRNDWTRi

CREDIT CHECKS-BASIC SRV

EDEN BENEFIT DETAIL

IT SRV - PD

CALCARD PMT
8t21t2024
8t29t2024
8t29t2024
7t25t2024
8t28t2024
8t20t2024
8t1512024US BANK 6244 20,259.37
Page: 5
21 apChkLst
0910612024 10:36:54AM
Bank : waap WESTAMERICA BANK
Clieck # Date Vendor
FinalCheck List
City of Sanger
(Continued)
lnvoice lnv Date Descriotion
US POSTAL SERVICE-QU, 8132076 8t29t2024 POSTAGE-0813207 6 VERIZON WIRELESS 9971417706 811312024 TOUGHBOOK COMPUTERS VI NCENT COMMUNICATI( 88861 8t30t2024 RADTO MATNT C120tU120 VSP
Page: 6
Amount Paid Check Total
1,000.00 1,000.00
545.07
187.50
545.07
187.50
93021
93022
93023
93024
93025
9t6t2024
Voucher:
916t2024
Voucher:
9t6t2024
Voucher:
9t6t2024
Voucher:
03878
08709
01620
04798 30020687
30020687
30020687
REIMB
8t19t2024
8t19t2024
8t19t2024
8t28t2024

EMP VISION INS-SEPT

COBRAVISION INS-SEPT
RETIREES VISION INS.SEPT
MILEAGE 8123124
1,881.53

8.22 8.22

64.45 1,897.97

64.459t6t2024 12216
Voucher:

WOODS, STEVE
SubtotalforWESTAMER|CABANK: 242,161.94
Page:6
22 apchkLst
0910612024 10:36:54AM
FinalCheck List
Gity of Sanger
Page: 7
Grand TotalAll Checks: 242,161.9474 checks in this report.

Page:7
23 .apChkLst
0912012024 10:32:41AM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
FinalGheck List
City of Sanger
Page:1
Amount Paid Check Total
92024
93026
93027
93028
93029
93030
93031
93032
93033
93034
93035
93036
93037
93038
93039
93040
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
02737
09470
11604
10494
10738
12679
12676
07501
07501
07501
07501
11413
12008
12642
11599
001 33

PACIFIC GAS & ELECTRI(

ACTION TOWING DIVE TE

ADVENTIST HEALTH TOX

AIRGAS USA LLC

ALARMWATCH

ALVAREZ, JUANITA

ANTHONY ESPITIA

AT&T MOBILITY

AT&T MOBILITY
BLUE CROSS OF CALIFOl

BRYANT JOLLEY CPA

CATURF EQUIPMENT & S

CANON FINANCIAL SERV

CENTRAL SAN JOAQUIN'
lnvoice
SEP
1048
2291
91 5321 0887
687952
REFUND
082224
287286160185
28730591 1 61 3
28730591 1 61 3
831514171
287288454255
REFUND
090324
648811
35177137
120
8t30t2024
8t31t2024
9t4t2024
8t27t2024
8t20t2024
8t23t2024
8t5t2024
8t31t2024
8t2t2024
9t2t2024
8t19t2024
9t2t2024
9t13t2024
9t3t2024
9t15t2024
9t17t2024
9t1312024
290,479.91
1,240.00
470.00
355.62

35.00 250.00
7,830.15
3,689.67
664.82
631.10
428.64
280.99
1,107 .72
2,000.00
1,082.49
1,746.08
445,579.00
290,479.91
1,240.00
470.00
355.62

35.00 250.00
7,830.15
3,689.67
1,295.92
428.64
280.99
1,107 .72
2,000.00
1,082.49
1,746.08
445,579.00
lnv Date Descriotion

GAS & ELECTRIC SRV

VEHC EVID STORAGE

DRUG/ALCOHOL TESTING

OXYGEN (MEDICAL)

ALARM MONITOR (PD)
CC MPR DEPOSIT 8.17-24

FACADE GRANT
CELL PHN CHRGS-PD #28728

CELL PHN CHRGS (PWENF)

CELL PHN CHRGS (PWENF)
CELL PHN CHRGS #83151417
CELL PHN CHRGS-FD #28728
AMB OVERPMT #3097912:1

AUDIT SRV SUPPORT

PRESSURE WASHER SPRAYI

COPIER LEASES & USAGE

WORKERS COMP/LIAB PROC
v,VYllfrx/
Page: 1
24 apGhkLst
'0912012024 10:32:41 AM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
93041 9t20t2024 02464
Voucher:
(Continued)
lnvoice
CENTRAL VALLEY TOXIC( 336855
336367
336601A
336601 B
CHEVROLET BUICK GMC 163967
FinalCheck List
City of Sanger
Page: 2
Amount Paid Check Total
93042
93043
93044
93045
93046
93047
93048
93049
93050
93051
93052
93053
93054
93055
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
314.00
285.00
285.00
50"00
383.75
599.29
164.00
125.00
3,035.52
747.79
728.90
258.61
149.86

56.53 704.37
591.92
383.95
1,714.50
260.00
253.87
462.07
504.00
115.00
93,307.41
934.00
383.75
599.29
289.00
4,512.21
465.00
1,296.29
383.95
7,000.00
1,974.50
253.87
462.07
504.00
115.00
93,307.41
8t26t2024
7t29t2024
8t12t2024
8t12t2024
9t5t2024
lnv Date Descriotion

DRUG SCREEN

DRUG SCREEN
VEHC MAINT'17 CHEV
COURSE - S.CAMPBELL
REGIST FEE- YAMBUPAH 8-2(
TELECOMM SRVS #90535785
ETHERNET SRV (501 ACAD)
'ETHERNET SRVS (DSPCH) #(
TNTERNET CAM (501 ACAD) #
I NTERNET SRV-FD #81 55500,
CABLE SRV-PD #81 555001 60(

METRO SCAN SRV

BADGE STICKERS
00922
09727
001 76
09872
05241
09414
11262
11727
11218
02798
12559
07917
09069
CITY OF SANGER/PETTY PETTY CASH 911912024 PETTY CASH
9t20t2024 08477
Voucher:

COLLEGE OF SEQUIOAS

COMCAST

COMCAST CABLE

CORELOGIC INFORMATI(

CREATIVE SRVS OF NEW
202510017
563
216933752
212563560
216197064
230483
459330
5646
30730633
30737254
c24-27161
9t6t2024
8t28t2024
9t1t2024
8t15t2024
9t1t2024
9t3t2024
8t26t2024
9t8t2024
7t31t2024
8t31t2024
8t29t2024
9t3t2024
9t3t2024
8t29t2024
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:

CRISCOM COMPANY, THI 27 1373
CSG CONSULTANTS INC. 241625
241129
DATATICKET INC 168666
911812024 GRANT WRITING SVCS FY25 7,000.00

BUILDING PLAN REVIEW SEF

FIRE PLAN REVIEW SRVCS

PARKING CITATION ADMIN
DELRAY TIRE & RETREAT 500151217 91912024 TIRES (PD)
EAGLESHTELD PEST CON 142706 911112024 PEST CONTROL SVS (SEPT) EGGLESTON, STEVE REIMB 91612024 EE REIMB DMV
EMMETT'S EXCAVATION I 1 711612024 NORTH & GREENWOOD SSM Page:2
25 apChkLst
Ogl20l2024 10:32:41AM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
FinalCheck List
City of Sanger
lnv Date Descrintion
IRRIGATION EQUIP. JFK

IRRIGATION EQUIP - JFK
OXYGEN/CO2 RENTAL
Page: 3
Amount Paid Check Total
6,502.23
3,319.00
(Continued)
lnvoice
93056
93057
93058
93059
93060
93061
93062
93063
93064
93065
93066
93067
93068
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
09307
11329
04821
00331
1 0345
12675
10524
0041 I
11282
06476
11226
11188
00445
40F2410
73232

EMPLOYAMERICA

ENERPOWER
813112024 PARK MAINT - AUG 6,502.23
911112024 JUL-RATE SAVINGS -WELL 6S 3,319.00
FERGUSON ENTERPRISE 5374053
5374309
FRESNO OXYGEN, INC. 91669294
HEALTH MANAGEMENT A 202072-31
207681-6
207681-7

HEALTH NET OF CA REFL REFUND

JACK'S REFRIGERATION,
CONSU LTI NG (IGT PROGRAT\i

CONSULTING (MEDICARE)

CONSULTING (MEDICARE)
AM B OVERPMT #2024122506
8t28t2024
8t28t2024
8t31t2024
851.45
137.41
104.76
5,433.00

71.02 405.24
4,272.41
3,542.00
900.00
900.00
1,195.39
328.46
156.00
4,983.68
3,262.08
1,205.09
734.00
500.25
392.90
179.00
627.89
988.86
104.76
5,433.00

71.02 405.24
4,272.41
5,342.00
1,195.39
328.46
156.00
11,257.00
627.89
FRONTIER SEP 91712024 TELEPHONE SRV
GONZALEZ, EDGAR REIMB 9t19t2024 MTLEAGE - 9t6t24
GONZALEZ, FRANK PERDIEM 9t16t2024 PER DtEM 10t15-10t18124 GRAINGER, INC. 9232724147 8t2912024 IRRIGATION EQUIP - JFK 9t12t2024
8t9t2024
9t12t2024
9t13t20249t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:

HEALTHWISE SERVICES 186891 8t31t2024 MED WASTE (SHARPS) HURTADO, ESMERALDA PERDIEM 9t16t2024 PER DtEM 10115-10118124 73655
74103
74107
74109
73441
73467
73963
REIMB
7t16t2024
5t21t2024
6t6t2024
6t6t2024
5t15t2024
7t212024
8t7t2024
9t11t2024

A/C MAINT (YRD)
A/C MA|NT (SYC)

A/C MAINT (SENIOR CTR)
fuC MAINT (SYC)

A/C REP (YRD/HALL)

A/C MAINT (YRD)

A/C MAINT (WWTP)
HOTEL/FU EL/MEAL 8121 -81239t20t2024 06071
Voucher:
93069 JONES, ANDY
Page: 3
26 apChklst
0912012024 10:32:41AM
Bank: waap WESTAMERICA BANK
Check# Date Vendor
(Continued)
lnvoice
KOEFRAN 616761
LEAGUE OF CACITIES SS 8142
LES SCHWAB TIRES 56400379214
LEXIS NEXIS COPLOGIC I20240831
LIEBERT CASSIDY WHITI\ 276284
275675
276269
LIFE ASSIST, INC. 1506649
1 506045
LUCIDO FAMILY PARTNET 92210
FinalCheck List
City of Sanger
lnv Date Descriotion

ACO FREEZERS
MEETING 8-8-24

TIRES REP - PD

ONLINE REPORTING SYST
Page: 4
Amount Paid Check Total
350.00 350.00

50.00 318.35
960.00

50.00 3'18.35
960.00
93070
93071
93072
93073
93074
93075
93076
93077
93078
93079
93080
93081
93082
93083
93084
93085
93086
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
11627
00528
10019
12029
00533
00534
11419
02317
10522
12254
00580
06571
06706
12682
09920
06909
00811
8t31t2024
8t8t2024
9t10t2024
8t31t2024
8t31t2024
9t16t2024
8t31t2024
9t4t2024
9t3t2024
8t1t2024

PROF LEGAL SERVICES

MED SUPPLIES

MED SUPPLIES
LEASE 106-107 -114 (SEPT/OC
4,882.50
2,880.00
469.50
2,733.12
976.80
3,780.00

83.27 405.24
156.00
4,475.00
930.31
270.00
787.60
195,196.66

37.70 459.91
8,232.00
3,709.92
3,780.00

83.27 405.24
156.00
4,475.00
930.31
270.00
787.60
195,234.36
459.91
480.00
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:
912012024
Voucher:
9t2012024
Voucher:
9t20t2024
Voucher:

LYNN PEAVEY COMPANY

MARTINEZ, DANIEL

MELENDEZ, DOLORES

MERLO ELECTRIC INC
METRO UNIFORM & ACC]

MICHAEL'S TOWING

MICHELS PACIFIC ENERC

MID VALLEY DISPOSAL
MIGHTY MART INC.

MINERAL KING PUBLISHII
412284

PERDIEM

PERDIEM
312
285402
1 REFUND
083124
073124F.
083124
714612
9t4t2024
9t16t2024
9t16t2024
9t11t2024
9t12t2024
8t6t2024
9t19t2024
9t1812024
9t18t2024
8t31t2024

COTTON STERILE
PER DtEM 10t15-10t 18t24
PER DtEM 10t15-10t 18t24

POWER INSTALL - PD

UNIF SUPPLIES (PD)
VEHC TOW -'21 FORD

HYDRANT DEPOSIT
DISPOSAL SRVS-AUG 24
DISPOSAL SRVS-JUL 24

FUEL (MOTORS)
PUBLIC NOTICE8t31t2024 480.00
Page: 4
27 apChklst
{912012024 10:32:41AM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
93087 9t20t2024 08962
Voucher:
(Continued)
lnvoice
MOORE TWINING ASSOC 4144932
4144644
4144645
4144996
4144971
4144930
4144999
4144752
4144643
4144751
4144931
4144642
MUNISERVICES LLC 19388

OLSON, NATHAN
OPTIMIZED INVESTMENT 1225
lnv Date Descriotion
FinalCheck List
Gity of Sanger
Page: 5
Amount Paid Check Total
93088
93089
93090
93091
93092
93093
93094
93095
93096
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
04045
12597
12657
08739
1 0769
03989
07037
12677
02489
145528
147706
147704
149978

PERDIEM
8t16t2024
8t27t2024
8t27t2024
9t7t2024
9t9t2024
1,132.00
477.00
432"00
226.00
200.00
176.00
170.00
130.00
128.00
120.00

46.00 46.00
551.25
244.55
1,966.45

47.31 29.36

9.79 7.38
265.50
1,160.38
960.30
3,540.00
121.71
1,432.56
1,232.84
1,066.24
533.12
3,283.00
551.25
244.55
1,966.45

93.84 265.50
2,120.68
3,540.00
121.71
4,264.76
9t11t2024
9t4t2024
9t4t2024
9t13t2024
9t12t2024
9t11t2024
9t13t2024
9t5t2024
9t4t2024
9t5t2024
9t11t2024
9t4t2024
9t3t2024

WATER SAMPLING

WATER SAMPLING
SALES TAXAUDIT/QTR1
PERDIEM 9t19r2024 PER DtEM 10t15-10t18t24
81112024 PROFESSIONALSRV

O'REILLYAUTO PARTS

PALLAS, MICHAEL

MOTOR OIL/FILTER
FUSE
FUSE

WIPER FLD
PER DtEM 9t15-9t19t24

UTILITY BILLING SRVS

DIGESTER CLEANING INSER
ADPP
PROFESSIONAL PRINT & 122275
122354
PUGA, BRIAN 20241001

RAMIREZ, GRACIELA REFUND
RANDSTAD 35124802
351 06595
35124807
351 06598
8t30t2024
8t30t2024
9t16t2024
9t13t2024 AMB OVERPYMT #4058148
9t8t2024
9t112024
9t8t2024
9t1t2024

TEMP LABOR SRV

TEMP LABOR SRV
Page: 5
28 apChklst
Ogl2OI2024 10=32:414M
Bank
Check #
waap WESTAMERICA BANK
Date Vendor
9t20t2024 10823
Voucher:
9t20t2024 12678
Voucher:
9t20t2024 10788
Voucher:
9t20t2024 02226
Voucher:

FinalCheck List
City of Sanger
(Continued)
lnvoice lnv Date Descriotion
REYES, ROSA AUG 81112024 ZUMBA INSTRUCTOR
RODRIGUEZ, DELIA REFUND 9t13t2024 CC DEPOSTT MPR 8-31-24 RODRIGUEZ, JULIAN REIMB 911912024 GYM JUUAUG
Page: 6
Amount Paid Gheck Total
449.40 449.40
250.00 250.00

59.98 59.98
93097
93098
93099
931 00
931 01
93102
931 03
931 04
931 05
931 06
931 07
931 08
931 09
93110
93111
1,469.00
290.00
290.00
130.50

70.009t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
12680
12681
09676
09290
07309
02536
2,179.50

70.00 2,172.50
1,425.11

95.00 47.00
376.89
1,299.46
1,208.12
3,908.43
2,820.21

90.00 SAN JOAQUIN VALLEY Ul. C364273
c364366
c364280
c362752

SEGURA, LEWIS REFUND
SEQUOIA PUMPING INC 26108
SIERRAVIEW ANIMAL HO 1 96079
196137
SITEONE LANDSCAPE SL 145634584-1
145680509-1
SOUTH CO VETERINARY 285239
SPARKLETTS 24288134
24288125
24033162
SUBURBAN PROPANE 540762
SWANSON FAHRNEY FOJ 246212
246341
246570
246498
T & T PAVEMENT MARKIN 2024370
2024281

TAMEZ, CORINA REIMB
9t3t2024 PERMTT FEE lD#C2143
9t3t2024 PERMTT FEE tD#C8407 (WEL|
9t3t2024 PERMTT FEETD#C2438 (WELL
9t3t2024 PERMTT FEE#2143 (WWTP)
8t23t2024 VET PARK 5-11-24
911612024 PUMP SRV
8t28t2024
8t29t2024
9t3t2024
9t4t2024
9t12t2024
VET CARE #25740
VET CARE #25740

PARK EQUIP

ACO SRVS

BOTTLED WATER (BOXING)

BOTTLED WATER (SENIOR C

BOTTLED WATER (FD)

PROPANE
2,172.50
1,125.25
299.86

53.48 41.52

47.00 173.13
163.81

39.95 1,299.46
1,208.12
1,583.63
1,474.14
756.56

94.10 1,756.23
1,063.98

90.00 9t1t2024
9t1t2024
8t21t2024
8t27t20249t20t2024 11796
Voucher:
9t20t2024 02931
Voucher:
9t20t2024 08757
Voucher:
9t20t2024 05250
Voucher:
9t20t2024 10860
Voucher:

SUN AUTO TIRE & SERVI( 321102266 911612024 TIRES - PD
8t30t2024
9t5t2024
9t16t2024
9t12t2024
9t13t2024
7t1712024
9t19t2024
VEHC MAINT'17 FORD
VEHC MAINT'17 FORD
VEHC MAINT'16 FORD
VEHC MAINT'23 FORD

TRAFFIC PAINT

GYM (JUN/JUL/AUG)
Page: 6
29 apChklst
0912012024 10:32:41AM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
(Continued)
lnvoice

TARASCOU, GREG REIMB
TELSTAR INSTRUMENTS 123302
123152
THE LAVATORY 1OO32O-1
TRANS UNION RISK & AL 62151

TREVINO, CYNTHIA REIMB
TRUSATC C|NV-037437
TULARE KINGS POLICEA 567
UN|TY tT 366970
367017
366972
366971
UNLIMITED TECHNOLOG 81642

US BANK
Page: 7
Amount Paid Check Total

70.00 70.00
lnv Date Descriotion
9t18t2024 DTESEL - A359
9t11t2024
8t28t2024
7t31t2024
SCADA

SCADA REPORT SUPPORT

PORTABLE RESTROOM/SHOI
FinalCheck List
City of Sanger
93112
93113
93114
93115
93116
93117
93118
93119
93120
93121
93122
93123
93124
93125
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
0501 5
12252
12672
09880
10180
12343
10195
08821
11840
08709
01620
02394
91112024 INVESTIGATIVEACCESS INF(
911312024 GYM AUG/SEPT
10t1t2024 TRUSATC FEE 10t24
911212024 FIRST AIDE/CPR/AED
1 ,176.00
660 00
6,395.00
131.60
60 00
1,217 .74
360.00
7,218.75
1,418.00
1,013.49
384.49

32.00 3,000.00
2,750.00
2,250.00
2,250.00
2,250.00
2,250.00
251.00

90.00 62.17
1,030.71
1,836.00
6,395.00
131.60

60.00 1,217 .74
360.00
10,034.73

32.00 14,750.00
341.00

62.17 1,030.71
489,040.05
8t1t2024
9t4t2024
9t4t2024
9t4t2024
9t1t2024
IT SRV

IT SRVS - PD
oFFtcE 365

FIREWALL SUB

ALARM MONITOR

BONDADMIN FEES

PENSION BOND - ADMIN FEE
BONDADMIN FEES24-25
BONDADMIN FEES24.25
BONDADMIN FEES24-25
BONDADMIN FEES24-25

DOC SHREDDING

DOC SHRED
M2M ACCOUNT SHARE
9t20t2024 09239
Voucher:
9t20t2024 12674
Voucher:
7235749
7448026
7409812
7409811
7412247
7412292
1 88634
1 88651
9972784786
2t23t2024
8t23t2024
7t25t2024
7t25t2024
7t25t2024
7t25t2024
8t31t2024
8t31t2024
9t1t2024
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:
9t20t2024
Voucher:

VALLEY SHREDDING

VERIZON WIRELESS
VI NCENT COMMUNICATI( 88823 8t26t2024
9t6t2024

MIC EQUIP
WELL 19 PPRIZIM INDUSTRIES INC 1 489,040.05
Page:7
30 apChklst
Agl20l2024 10:32:41AM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
93126 9t2012024 04596
Voucher:
(Continued)
lnvoice
ZWEIGLE SEPTIC SERVIC 40680
lnv Date Descriotion
916t2024 TOTLET/HANDWASH (RANGE
FinalCheck List
Gity of Sanger
Page: 8
Check TotalAmount Paid
225.00 225.00
SubtotalforWESTAMER|CABANK: 1,689,526.09
Page: 8
31 apchklst
0912012024 10:32:41AM
FinalGheck List
Gity of Sanger
Page: 9
Grand Total All Checks: 1,689,526.09102 checks in this report.

Page: 9
32 . apChklst
1010312024 4:35:45PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
FinalCheck List
City of Sanger
Page:1
Amount Paid Check Totallnv Date Descriotion

TRIMMER REP

REPLACE TRIMMER

BLOWER MAINT/SUPPLIES

SUPPLIES

EMP DENTAL INS (SEPT)
DENTAL COVERAGE 8I3OI24
DENTAL COVERAGE 9I2OI24
DENTAL COVERAGE 916124
DENTAL COVERAGE 9113124

TIRE REPLACE
93127
93128
93129
931 30
931 31
93132
931 33
931 34
931 35
931 36
931 37
931 38
931 39
93140
10t3t2024
Voucher:
10t3t2024
Voucher.
10t3t2024
Voucher:
10t3t2024
Voucher:
04418
001 75
10494
00025
lnvoice
86537
JUL
163459
163460
163458
163457
301 379
301 379
301 379
301 379
301 379
541 99
162.00
2,116.77
344.58
1,276.38
7,119.50
260.38
158.95
3,400.00
443.22
279.00
170.96
233.17
652.35
20,383.46
9t20t2024
9t20t2024
9t20t2024
9t20t2024
9t1t2024
9t3t2024
9t23t2024
9t9t2024
9t16t2024
9t19t2024
574.24
574.24

67.58 60.32
658.88
2,434.10
1,865.92
1,408.40
752.20
260.38
't58.95
3,400.00
443.22
279.00
170.96
233.17
652.35
20,383.46
10t3t2024 07024
Voucher:
2417 PET VETS

ACADEMY HARDWARE

AIRGAS USA LLC
ALERT-O-LITE, INC.

AMERITAS

APACHE SMOG INC
9t20t2024 VET CARE #163145 162.00
7 131 12024 HARDWARE/JANITORIAL SUF 2,116.77
5510711348 8131t2024 OXYGEN(MEDTCAL) 344.58
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
04701
12685
12398
07501
12694
12691
12023
04016
12642
ARREOLA GOMEZ, MARII REfOOOI 041 24
ARSENAL WELL DRILLIN( 1538
AT&T MOBIL|TY 831514171
B&M SUPPLIERS LLC 26
BASANTA ESTUPE, ALIS ) RCfOOO1O4130
BOOT BARN INC 405617
BPS TACTICAL INC 24031572
CATURF EQUIPMENT & S 649624
UB Refund Cst#00025522
EQUIP REPAIR - WELL 6
CELL PHN CHRGS-FD #28728
GLOVES
UB Refund Cst#00027796
SAFETY BOOTS (C.TOVAR)

VEST COVER

ELCETRIC LAWN MOWER
9t27t2024
9t19t2024
9t19t2024
6t7t2024
9t27t2024
9t24t2024
8t15t2024
9t23t2024
Page: 1
33 apChkLst
-1OlO3l2O24 4:35:46PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
(Continued)

CALIFORNIA BOILER

CALIFORNIA INDUSTRIAL

CAMPBELL, SARAH

CAROLAN, KEVIN

CHARITY PARTNERS LLC

CHEVROLET BUICK GMC

COLLEGE OF SEQUIOAS

COMCAST CABLE
Page: 2
Amount Paid Gheck Totallnv Date Descrintion

NORTH SLUDGE HEATER RE

NORTH SLUDGE HEATER RE
HOSE
FUEL
PER DtEM 10t20-10t24t24
UB Refund Cst #00027730
VEHC MAINT'09 GMC

COURSE (PITTS/MAI RELES/C
I NTERN ET SRV #81 555001 60'
FinalGheck List
Gity of Sanger
93141
93142
93143
93144
93145
93146
93147
93148
93149
931 50
931 51
93152
931 53
93154
931 55
931 56
93157
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
11797
11797
001 09
12665
12405
12690
00922
001 76
08477
02714
001 88
10441
00245
12688
12485
12485
12485
cooKs coMMUNrcATror 1 58509
158428
158525
CPS HR CONSULTING 4625
3598

DANIEL, JOSHUA PERDIEM
DEPARTMENT OF JUSTIC 758295
765360
DIAZDIAZ, ELIAS Ref000104127
Dt EDE CONSTRUCTION, I 2304101 -04
DIEDE CONSTRUCTION, I 2304101-O5A
DTEDE CONSTRUCTION, I 2304101-05

SPEAKER EQUIP

BEAR MTN REPEATER

SPEAKER MAINT

PRE-EMP EXAMS (PD)
CREDIT #TR-RTNOO3598
PER DtEM 10120-10124124
lnvoice
1 001 8665
1 001 81 79
16586
REIMB

PERDIEM
Ref000104129
163900
202510014
215187
9t12t2024
8t28t2024
9t10t2024
8t30t2024
9t19t2024
9t27t2024
9t19t2024
9t17t2024
9t18t2024
63,609.32
24,465.12
2,442.21

20.00 299.00

94.20 3,244.07
163.s0
245.78
722.57
519.73
430.00
1,288.00
-140.00
299.00
420.00
245.00
120.31
628,653.00
576,355.00
518,719.50
63,609.32
24,465.12
2,442.21

20.00 299.00

94.20 3,244.07
163.50
245.78
1,672.30
9t9t2024
9t30t2024
9t10t2024
7t12t2024
8t1t2024
9t19t2024
1 ,148.00
299.00
8t31t2024
9t10t2024
9t27t2024

ALCOHOL TESTING

ALCOHOL TESTING
UB Refund Cst #00027535
665.00
120.31
628,653.00
576,355.00
518,719.50
10t1t2024
10t1t2024
10t1t2024

SANGER FIRE STATION REMI

SANGER FIRE STATION REMI
Page:2
34 apChklst
1010312024 4:35:46PM
Bank : waap WESTAMERICA BANK
Gheck# Date Vendor
931 58 10t3t2024 09528
Voucher:
10t3t2024 12336
Voucher:
931 59
(Continued)

DONNOE & ASSOC INC

ELITE UNIFORMS

FEDERAL EXPRESS

FERGUSON ENTERPRISE
FERNANDEZ PIMENTEL, .

FIRE APPARATUS SOLUT

FRESNO COUNTY DEPT (

GONZALEZ, ALIYAH DESI

HARTFORD-PRIORITYAC

HEALTH MANAGEMENTA
HERRERA, RAUL R.

IBS UMBRELLA KRG

JMP BUSINESS SYSTEMS

JONES, KIM

KINGS INDUSTRIAL OCC

LANGSCAPING

LAW & ASSOCIATES INVE
Page: 3
Amount Paid Gheck Total
610.00 610.00
lnv Date Descriotion
10t3t2024 WRTTTEN EXAMS (CD)
7 t25t2024 UNTFORM (M.T|QUr)
7t25t2024 UNTFORM (C.NELSON)
10t13t2024 UNTFORM (S.MCWTLLTAMS)
9fi312024 EXAM SCORES DELIVERY
FinalGheck List
Gity of Sanger
93160
93161
93162
93163
93164
93165
93166
93167
93168
93169
931 70
93171
93172
93173
93174
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
00300
04821
12687
09586
0031 8
12689
08753
11282
06047
00512
08589
07820
11757
091 38
06438
lnvoice
10573
JJZW1224
JJ2W1223
JJ2W1318
861977787
5418321
Ref000104126
20071
5964
Ref000104128
869169
202072-32
sEP2024
06P1 1 5829
429583
REIMB
250200
23-5000
24-174
9t16t2024
9t27t2024
9t18t2024
9t17t2024
9t27t2024
10t1t2024
9t12t2024
9t25t2024
9t20t2024
9t20t2024
9t23t2024
9t9t2024
9t27t2024
9t23t2024
865.66
426.88
411.71
114.85

41.14 150.02
1,672.42
1,489.00

89.72 3,718.67
7,969.50
1,000.00
273.48

59.33 85.00
1,074.52
12,422.00
800.00
1,704.25
114.85

41.14 150.02
1,672.42
1,489.00

89.72 3,718.67
7,969.50
1,000.00
273.48

59.33 85.00
1,074.52
12,422.00
800.00

PARK EQUIP
UB Refund Cst#00026994
TURN SIGNAL #T120

DISPATCH SRVS - SEPT
UB Refund Cst#00027579

EMP LTD & LIFE INS-OCT
CONSULTI NG (IGT PROGRAT\

PRE-EMP POLYGRAPHS

COMP PARTS/HYDRAULIC

POSTAGE LABELS

ICAPP FEE

PRE-EMP PHYSICALS

LLMD - OLIVETA (SEPT)

BACKGRD INV-FD
Page: 3
35 apGhklst
-1010312024 4:35:46PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
(Continued)
lnvoice
LEXTPOL LLC 11237710

LORENTE, RYAN REIMB
LOZANO SMITH 2227465
MINERAL KING PUBLISHII 714611
714613
MINO, MARIAH DAWN Ref000104125

MIRELES, MARIA NATALI PERDIEM
MONTOY LAW CORPORA 9035
FinalGheck List
City of Sanger
lnv Date Descriotion

FIRE POLICY & DAILY TRNG T
FUEL #U120

PROF LEGAL SRVS

PUBLIC NOTICE

PUBLIC NOTICE
UB Refund Cst#00025627
PER DtEM 10t20-10t24t24

PROF LEGAL SERVICES (JUL
Page: 4
Amount Paid Check Total
7,100.11 7,100.11

50.35 9,388.27

50.35 9,388.27
931 75
931 76
93177
931 78
931 79
931 80
931 81
931 82
931 83
931 84
931 85
931 86
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
09529
08954
02614
00811
12686
11795
08717
08962
11735
11987
04998
00077
1,734.38
1,429.13
160.49
1,280.00
590.00
468.00
450.00
226.00
200.00
170.00
170.00
160.00
160.00

46.00 43.00
200.00
150.00
969.38
907.39
272.02

24.99 3,163.51
160.49
3,963.00
350.00
969.38
907.39
297.01
7t1t2024
9t24t2024
9t11t2024
8t31t2024
8t31t2024
9t27t2024
9t19t2024
9t4t2024
299.00 299.00
17,454.00 17,454.00
MOORE TWINING ASSOC 4145233
4145235
4145567
4145420
4145566
4145776
4145231
4145565
4145234
4145568
4145569
4145232
NAVIA BENEFIT SOLUTIO 10891878
1 035846
NWESTCO LLC 510584
9t19t2024
9t19t2024
9t25t2024
9t23t2024
9t25t2024
9t30t2024
9t19t2024
9t25t2024
9t19t2024
9t25t2024
9t25t2024
9t19t2024
9t27t2024
9t12t2024
9t18t2024

WATER SAMPLING

COBRA COVERAGE (SEP)
ADMIN FEE (SEP 24)

FUEL PUMP REPAIR
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:

OMEGA INDUSTRIAL SUP 159340
REIMB
REIMB
912312024 GRAFFITI ABATEMENT
9I3OI2O24 MILEAGE MAY-SEP 24
912512024 RETIREMENT CAKE

PADRON, REBECA
Page: 4
36 apGhkLst
1OlOgl2O24 4:35:46PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
(Continued)

PG&E CFM/PPC DEPT

PIONEER EQUIP CO

PITTS, CRAIG
PRICE PAIGE & COMPAN\

PROFESSIONAL PRINT &

RAMIREZ, DANIEL

RANDSTAD

RRM DESIGN GROUP

SANGER PAINT SUPPLY I

SEQUOIA PUMPING INC

SPARKLETTS

SUBURBAN PROPANE
FinalCheck List
City of Sanger
Page: 5
lnvoice lnv Date Descriotion Amount Paid Gheck Total
128050265 8t21t2024 CHAVEZ PARK FTELD LtGHTtf 38,745.18 38,745.1893187 931 88
931 89
931 90
931 91
93192
931 93
93194
931 95
931 96
931 97
931 98
931 99
93200
93201
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
1013t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t312024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
08279
00693
061 99
12640
03989
12684
02489
10977
07757
12681
12511
07081
03709
02536
11796
9t20t2024
9t20t2024
9t19t2024
2C101234
2C100870

PERDIEM
34152
122275
122067
Ref0001 041 23

MOWER BLADES

MOWER PARTS
PER DtEM 10t20-10t24t24
813112024 AUDIT SRV SUPPORT 15,407.00 15,407.00
158.17

35.09 299.00
2,008.42
1,941.38
152.11
1,332.80
1,332.80
1,305.00
136.53
1,678.75

59.28 615.00
28,195.68

52.94 45.94
624.60
147.82
193.26
299.00
3,949.80
152.11
2,665.60
1,305.00
136.53
1,678.75

59.28 615.00
28,195.68

98.88 772"42
815t2024
8t16t2024
9t27t2024

UTILITY BILLING SRVS
INSD SNGR INSERTS VOL#14
UB Refund Cst #00023547
351 54834
35154829
1224-03-0824
2964
26138
1 0553809
24033162
540911
541 009
9t15t2024
9t15t2024
9t30t2024

TEMP LABOR SRV

FIRE STAT BRIDGING DOCS
SHERWIN WILLIAMS CO, 2331-5
SIGNMAX 47720

SILVA'S OIL COMPANY IN( AUG
9t19t2024
9t18t2024
9t20t2024
8t31t2024
8t31t2024
PAINT

PUMP SRV

STRIPER SUPPLIES

STOP SIGNS

GASOLINE
9t9t2024
9t18t2024
9t9t2024
9t17t2024

BOTTLED WATER (PD)

BOTTLED WATER (FD)

PROPANE

PROPANE
Page: 5
37 apChkLst
1OIOgl2O24 4:35:46PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
93202 10t3t2024 10973
Voucher:
93203 10t3t2024 08757
Voucher:
93204 10t3t2024 12252
Voucher:
(Continued)

SUPERIOR POOL PRODU

SWANSON FAHRNEY FOI

TELSTAR INSTRUMENTS

THE LAVATORY

TRANS UNION LLC
Page: 6
Amount Paid Gheck Totallnv Date Descriotion
BULK CHLORINE (WELL6)
BULK CHLORINE (WELL2s)
BULK CHLORINE (WELL11)
BULK CHLORINE (WELL2A)

BULK CHLORINE (WELLTA)
BULK CHLORINE (WELLg)
VEHC MAINT'16 FORD
VEHC MAINT'21 FORD
VEHC MAINT'16 FORD

SCADATROUBLESHOOT
SCADA

TROUBLESHOOT PLC

PORTABLE RESTROOM/SHOI
FinalGheck List
City of Sanger
93205
93206
93207
93208
93209
93210
93211
93212
93213
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
10t3t2024
Voucher:
04117
12343
0091 9
10448
08709
04798
10t3t2024 12672
Voucher:
10t3t2024 09467
Voucher:
10t3t2024 12692
Voucher:

THE SANGER SCENE 757

THE SEPTIC GUY'S
912712024 MEDIAAD (JOB FAIR)
lnvoice
2028711
2028710
2028709
2028713
2028708
2028712
246405
246605
246739
123524
123401
123400
100715-1
092524
092624
092724
092824
092424
8445094
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t10t2024
9t18t2024
9t24t2024
9t24t2024
9t17t2024
9t17t2024
9t21t2024
9t25t2024
9t26t2029
9t27t2024
9t28t2024
9t24t2024
8t25t2024
830.98
784.45
784.45
706.01
701.14
601.25
1,650"42
1,466.47
675.14
660.00
330.00
330.00
6,395.00
120.00
4,800.00
4,800.00
4,800.00
3,600.00
1,200.00
101.34
1,217 "74
2,107.94
259.99
545.1 0
2,022.19

8.22 8.22
4,408.28
3,792.03
1,320.00
6,395.00
120.00
19,200.00
101.34
1,217 .74
2,107.94
259.99
545.1 0
2,038.63

SPECTIC HAULER - MUSCAT

SPECTIC HAULER - MUSCAT
CREDIT CH ECKS.BASIC SRV
TRUSATC C|NV-036353
UN DERGROU N D SERVICI 1284322024
UNWIRED BROADBAND II 211807 5

VERIZON WIRELESS
VSP 30020687
30020687
30020687
7t1t2024 TRUSATC FEE7t24
7t22t2024 811 USATTCKETS
9t30t2024 BROADBAND (YRD)
9973820994 9t13t2024 TOUGHBOOK COMPUTERS
9t19t2024
9t19t2024
9t19t2024

EMP VISION INS-OCT

COBRAVISION INS-OCT

RETIREES VISION INS-OCT
Page: 6
38 apChklst
10l,0il2024 4:35:46PM
Bank
Check #
93214
waap WESTAMERIGA BANK
Date Vendor
10t3t2024 12514
Voucher:
(Continued)
lnvoice
REIMB
lnv Date Descriotion
912612024 RETIREMENT CAKE
Page: 7
Amount Paid Check Total
FinalGheck List
Gity of Sanger
WAHL, LEICA 29.99 29.99
Sub totaf for WESTAMERIGA BANK: 2,072,401.97
Page: 7
39 apChklst
1010312024 4:35:46PM
FinalCheck List
City of Sanger
Page: 8
Grand Totaf All Checks: 2,072,401.9788 checks in this report.

Page: 8
40 apChkLst
1011812024 1:05:38PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
FinalCheck List
Gity of Sanger
lnvoice lnv Date Descriotion
SANGER CHAMBER OF C 6188/6189/6190 91112024 PROF SERVICES-JUL/AUG/SE US BANK 6244 911612024 CALCARD PMT
SOUTH CO VETERINARY MAY/AUG/SEPT 1OI3I2O24 ACO SRVS
OLSON, NATHAN PERDIEM 1OI1OI2O24 PER DIEM 10115-10118124 ADJ 24t7 PET VETS 86698 9t28t2024 VET CARE #163314
Page:1
Amount Paid Gheck Total
93215
93216
93217
93218
93219
93220
93221
93222
93223
93224
93225
93226
10t8t2024
Voucher:
10t8t2024
Voucher:
10t8t2024
Voucher:
10t10t2024
Voucher.
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
00433
09303
07309
12597
04418
10494
1 0738
00025
19,999.01
18,474.97
404.57
189.00
162.00
309.16
199.66

35.00 176.93
193.73

17.25 392.92
156.00
126.00
102.00
156.00
150.00
1,250.00
937.50

55.00 664.56
213.00
2,326.07
1,837.80
567.20
91 54493839
9154043276
692292
164990
164989
164982
164339
JUN

JUL-AUG
AUG

JUN-JUL
SEP
9731 1 5
973113
743976
10t18t2024 04482
Voucher:
10t18t2024 04173
Voucher:
10t18t2024 10507
Voucher:
10t18t2024 07024
Voucher:
10t18t2024 04701
Voucher:
10t14t2024
10t14t2024
10t14t2024
1013t2024
6t30t2024
8t12t2024
8t30t2024
7t31t2024
9t30t2024
10t4t2024
9t23t2024
9t3012024
19,999.01
18,474.97
404.57
189.00
162.00
508.82

35.00 780.83
690.00
2,187.50

55.00 5,041.43
567.20

AIRGAS USA LLC

ALARMWATCH
ALERT.O.LITE, INC.

ALEX FOOD MART & CAR

ALL VALLEY SPRAY SERV

ALTA LANGUAGE SRVS IT

AMERITAS

APACHE SMOG INC
10t8t2024 OXYGEN (MEDTCAL)
9t24t2024 OXYGEN (MEDICAL)
9I2OI2O24 ALARM MONITOR (PD)

CONCRETE STAKES - JFK

SUPPLIES

GRASS BLADE

LANDSCAPE SUPPLIES

CARWASHES (PD) JUN

CARWASHES (PD) JUL-AUG

CARWASHES (PD) AUG

CARWASHES (PD) JUN-JUL

CARWASHES (PD) SEP

WEED CONTROL

BILINGUAL EXAM
301 379
301 379
301 379
301 379
54295
10t1t2024 EMP DENTAL tNS (OCT)
10t 1 4t2024 DENTAL COVERAGE 10t 11 t24
1OI7I2O24 DENTAL COVERAGE 1OI4I24
1OI1I2O24 DENTAL COVERAGE 9127124
10t8t2024 REPATRS'05 GMC93227
VeM /dat/z/
Page: 1
41 apChklst
1011812024 1:05:38PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
(Continued)
lnvoice
AT&T MOBTLTTY 287305911613
287288454255
BLUE CROSS OF CALIFO 17136426
14528653
BPS SUPPLY GROUP 3164560.001
Page: 2
Amount Paid Gheck Totallnv Date Descriotion

CELL PHN CHRGS (PWENF)
CELL PHN CHRGS-FD #28728
OVERPYMT #4037052
oVERPYMT #2022136838

CAMLOCK FITTINGS
FinalGheck List
City of Sanger
93228
93229
93230
93231
93232
93233
93234
93235
93236
93237
93238
93239
93240
93241
93242
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t1812024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
07501
11413
12435
12008
06964
08352
001 09
12698
09934
00922
09872
08477
02714
05241
11727
680.1 7
281.24
1,114.82

75.00 188.85
10,000.00
1,400.00
500.00
1,204.72
1 54.1 I
250.00
303.85
2,868.36
265.78
3,040.15
747.79
159.86
480.00
393.87
551.47
678.01
130.00
765.00
2,685.25
4,058.90
125.80
961.41
10t2t2024
10t2t2024
9t19t2024
9118t2024
9t27t2024
1 ,189.82
188.85
BRYANTJOLLEYCPA 080524
100224
C.W. PAGE & ASSOC INC 2407S24V
CA BLDG STANDARDS C( 08352
CALI FORNIA I N DUSTRIAL 16942

CASTELAN, NELSON REFUND

CENCALAUTO&TRUCKISEP
CHEVROLET BUICK GMC 165442
167307
coMcAST 218726350
218114523
COMCAST CABLE 459330
cooKs coMMUNtcATtol 1 58208
158287
CoRELOGtC tNFORMAT|( 30716923
30739579
CSG CONSULTANTS INC. 241244
241012
241830
241435
DATATICKET INC 169570
81512024 AUDIT SRV SUPPORT. AUG
1OI2I2O24 AUDIT SRV SUPPORT
7 I1OI2O24 APPRAISAL FEE
10t16t2024 S81473 QTR3 2024
i
912312024 PUNCH TOOL/CLAMP
10t11t2024 CC MPR DEPOSTT 9-28-24
9I3OI2O24 AUTOMOTIVE PARTS
9t26t2024 VEHC MAIN'20 RAM
1OI1OI2O24 VEHC MAINT'14 CHEV
10t1t2024 TELECOMM SRVS #90535785
911512024 ETHERNET SRV (501 ACAD) I
9t26t2024 TNTERNET SRV-FD #81 55500'
8t13t2024
8t19t2024
4t20t2424
9t30t2024
10t1t2024
8t112024
10t1t2024
8t1t2024
9t18t2024
RADIO MAINT'17 CHEVY

RADIO MAINT FORD

METRO SCAN SRV

FIRE PLAN REVIEW SRVCS

FIRE PLAN REVIEW SRVCS
BUILDING PLAN REVIEW SR\
BUILDING PLAN REVIEW SR\

PARKING CITATION ADMIN
11,400.00
500.00
1,204.72
154.18
250.00
303.85
3,134.14
3,787.94
159.86
873.87
1,229.48
7,639.15
125.8010t18t2024 11218
Voucher:
93243
Page'.2
42 apChkLst
1011812024 1:05:38PM
Bank
Gheck #
93244
93245
93246
93247
93248
93249
93250
93251
93252
93253
93254
93255
93256
93257
93258
93259
93260
10t18t2024
Voucher:
10t1812024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
23735
SMIPQTR3
238665
REFUND
37087309

PERDIEM
11370
73250
14381
26583
5970
QTRl
JUL.SEP
10t15t2024
10t16t2024
10t14t2024
9t20t2024
9t30t2024
10t20t2024
10t2t2024
10t9t2024
9t30t2024
10t1t2024
101712024
9t30t2024
10t1612024
10t7t2024
10t14t2024
9t30t2024
10t7t2024
9t26t2024
Amount Paid
2,324.99
6,1 31 .1 1
10,000.00
150.00
257.07
407.00
1,820.00
2,645.00
436.00

75.00 1,489.00
1,421.81

75.00 2,219.60
113.44

49.05 5,496.87

80.00 Page: 3
Check Total
2,324.99
6,1 31 .1 1
10,000.00
150.00
257.07
407.00
1,820.00
2,645.00
436.00

75.00 1,489.00
1,421.81

75.00 2,333.04

49.05 5,496.87

80.00 FinalCheck List
City of Sanger
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
06117
00243
12646
12697
12453
11843
03732
11329
1 0389
05055
0031 8
10105
00322
04867
00331
1 0345
11267

DEKRA LITE

DEPARTMENT OF CONSE

DIVISION-D

DURAN, VIVIAN

EAN SERVICES, LLC

EDWARDS, SHAELA

ELECTRICAL POWER SYI

ENERPOWER

FERGUSON WATERWORI

FRESNOALARM COMPAI

FRESNO COUNTY DEPT (

FRESNO COUNTY EDC

FRESNO COUNTY RURAL
FRESNO COUNTY SHERII 22097
22115
FRESNO OXYGEN, INC. 91672836

FRONTIER OCT
lnv Date Descrintion

HOLDAY DECOR (DOWNTWN
SMIP QTR3 2024

CAMPAIGN- MEASURE R
cc MR1 9-21-24
CAR RENTAL #860239328
PER DtEM 10t20-10t25t24

BLOWER TROUBLESHOOT
AUG-RATE SAVINGS -WELL 6

PROBE HOLE LID

ALARM MONITOR

DISPATCH SRVS - OCT
MEMBER DUES/QTR1

PUBLIC TRANSIT PASSES JU

PRISONER PROCESSING

ASST SANGER PD

CYL RENTAL

TELEPHONE SRV
CC MPR DEPOSIT 9-21-24GALLARDO, LINDA REFUND
Page: 3
43 apChklst
1011812024 1:05:38PM
Bank : waap WESTAMERICA BANK
Gheck# Date Vendor
FinalCheck List
Gity of Sanger
Page: 4
Amount Paid Gheck Totallnv Date Descriotion
10115t2024 PER DtEM 11 I 12-11 I 17 124
71812024 COURSE FEE (F.GARCIA)
1OI8I2O24 CONSULTING (IGT PROGRAI\
9I3OI2O24 BIOSOLID HAULING/SALES
912612024 GENERATOR MAINT
81512024 PW TRUCK - CONTROL BOX
9I3OI2O24 ACO FREEZERS
912712024 LANGSCAPE MAINT - SEP
(Continued)
lnvoice
93261
93262
93263
93264
93265
93266
93267
93268
93269
93270
93271
93272
93273
93274
93275
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10524
12695
11282
10310
06804
03072
11627
091 38
10019
07708
00534
12556
02317
12226
o4733

PERDIEM
74947
202072-33
3067
77795
69288
620419
23-5001

GONZALEZ, FRANK

GOVERNMENT TRAINING

HEALTH MANAGEMENTA

HOLLOWAY ENVIRON SO

INDUSTRIAL ELECTRICAI
J'S COMMUNICATIONS. II.

KOEFRAN

LANGSCAPING
270.00
549.00
4,025.00
2,230.76
940.88
229.65
350.00
1,805.00
1,252.71
786.1 5
13,000.00
2,994.82
1,236.96
1,203.48
495.00

68.34 304.65
2,565.39
375.00
375.00
250.00
140.50
270.00
549.00
4,025.00
2,230.76
940.88
229.65
350.00
1,805.00
2,038.86
13,000.00
5,930.26

68.34 304.65
2,565.39
1,000.00
140.50
LES SCHWAB TIRES 56400380748
56400382498
LEW EDWARDS GROUP, 07.08

TIRES - PD
BRAKES/TIRES'16 CHEV

PROFESSIONAL SERVICES
9t24t2024
10t9t2024
8t30t2024
LIFEASSIST, INC.

LOPEZ, ALEX10t18t2024
Voucher:
10t1812024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:

LYNN PEAVEY COMPANY 412841
MAACO 64169
MARIN CONSULTING 15932
1 5930
1 8934

MARTIN, RAYMOND PERDIEM
1OI7I2O24 MED SUPPLIES
1OI1I2O24 MED SUPPLIES
1OI2I2O24 MED SUPPLIES
1OI3I2O24 MED SUPPLIES
10t13t2024 MTLEAGE PE 10-4-24
912612024 EVID SUPPLY
9t27t2024 REPATR 2015 FORD
7t8t2024 REGTST/A.V|LLATORO/11-202,
2t28t2024 REG IST/R. G ARZN 11 -2023
9t24t2024 REGTST/J. BAN DA/1 0-2024
10t 16t2024 PER Dt EM 10t21 -10t23t24
1 51 6970
1515100
1 51 5564
1 51 5999
REIMB
10t18t2024 12699
Voucher:
93276
Page:4
44 apChklst
1011812024 1:05:38PM
waap WESTAMERICA BANK
Date Vendor
10t18t2024 06513
Voucher:
10t18t2024 06571
Voucher:
10t18t2024 06909
Voucher:
10t18t2024 00811
Voucher:
10t18t2024 08962
Voucher:
(Continued)
lnvoice

MCDANIELS,ANTHONY REIMB
METRO UNIFORM & ACCI 286239
284255
282755
286883
MIGHTY MART INC. 093024
MINERAL KING PUBLISHII 714909
NWESTCO LLC 511591
511577
O'REILLYAUTO PARTS 155848
1 551 53
156781
1 55793
PAVEMENT COATINGS G( 2
Page: 5
Amount Paid Gheck Total
150.00 150.00
lnv Date Descriotion
1011312024 WW GRADE III RENEWAL
913012024 UN|F SUPPLTES (FD EXPLRS)
811912024 FIRE INVESTIGATOR SUPPLII
7t12t2024 BOOTS (C.MENDOZA)
1011412024 UNIF SUPPLY (FD EXPLRS)
9t3012024 FUEL (MOTORS)
9t30t2024 ADS (JOB FAtR)
FinalCheck List
City of Sanger
Bank
Check #
93277
93278
93279
93280
93281
93282
93283
93284
93285
93286
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
12696
11735
07168
11987
08739
MOORE TWINING ASSOC 4146197
4145915
4145914
4145858
4145856
4145855
4145854
4145848
4146253
4146252
4146249

NARANJO, DAVID REFUND

WATER SAMPLING

WATER SAMPLING
CC MPR DEPOSIT 9-4-24
10t9t2024
10t2t2024
10t2t2024
10t1t2024
10t1t2024
10t1t2024
10t1t2024
10t1t2024
10t10t2024
10t10t2024
10t10t2024
9t4t2024

97.35 1,208.86
441.37
173.13
2,142.65
510.00
170.00
170.00
120.00
128.00

46.00 432.00
477.OO
3,100.00

46.00 1,047.00
176.00
250.00
150.00
1,157 .93
141.34
1,337.46
144.08

56.50 72"28

97.20 639,732.71
1,920.71
2,142.65
510.00
5,912.00
250.00
150.00
1,157 .93
1,478.80
370.06
639,732.71
NAVIA BENEFIT SOLUTIO 1036090 10t3t2024 ADM|N FEE (OCT 24) NVB EQUIPMENT INC 5601 9t11t2024 AC MA|NT 358
912712024 FUEL PUMP MAINT
912712024 FUEL PUMP REPAIR
1OI8I2O24 OIL CHANGE SUPPLIES
1OI5I2O24 WIPER FLD/BLADE
1011412024 WIPER BLADES
1OI8I2O24 VEHC CLEANING SUPPLIES
1OI1I2O24 ST SEALING PROJ '2410t18t2024 12655
Voucher:
93287
Page: 5
45 apChklst
1011812024 1:05:38PM
Bank : waap WESTAMERICA BANK
Gheck# Date Vendor
FinalCheck List
City of Sanger
(Continued)
lnvoice lnv Date Descriotion
PEREZ, SILVESTRE PERDIEM 1011612024 PER DIEM 10121-1012312412062 03989
06995
09429
02489
10t18t2024 06072
Voucher:
10t18t2024 10823
Voucher:
10t18t2024 03531
Voucher:
10t18t2024 09922
Voucher:
10t18t2024 09676
Voucher:
10t18t2024 03709
Voucher:
10t18t2024 09290
Voucher:
10t18t2024 07309
Voucher:
10t18t2024 02536
Voucher:
10t7t2024
9t27t2024
9t30t2024
9t25t2024
10t1t2024
9t30t2024
10t13t2024
10t13t2024
10t6t2024
10t6t2024
9t29t2024
9t29t2024
10t10t2024
Amount Paid
140.50
1,208.42
1,974.09
1,423.93
100.00
173.38
258.97
1,332.80
1,332.80
1,332.80
1,332.80
1,066.24
1,332.80
102.82
483.00
7,175.00

32.50 440.40
23,316.89
105.12
603.03

94.00 125.38
229.03

67.44 Page: 6
Check Total
140.50
3,182.51
1,523.93
432.35
7,730.24
102.82
483.00
7,175.00

32.50 440.40
23,316.89
708.1 5

94.00 421.85
93288
93289
93290
93291
93292
93293
93294
93295
93296
93297
93298
93299
93300
93301
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:
10t18t2024
Voucher:

PROFESSIONAL PRINT & 122673
122672
PROFORCE LAW ENFOR( 558317
557895
QUADIENT INC 61404445
61 1 85394
RANDSTAD 35270087
35270083
35244313
35244318
35217671
35217676
REEDLEY LUMBER & BUII 355152

REYES, ROSA SEP
scAoF cA, LLC 2024-009068
SCOTT'S PPE RECON IN( 39776
SIERRAVIEW ANIMAL HO 1 96655

SILVA'S OIL COMPANY IN( SEP
SITEONE LANDSCAPE SL 146763104-1
145634788-1
SOUTH CO VETERINARY 285959
SPARKLETTS 941 0548
9407216
9410545
91112024 ZUMBAINSTRUCTOR
91112024 STREET SWEEPING - SEP
9I3OI2O24 UNIF REPAIR
9t16t2024 VET CARE #21899
9t30t2024 GASOLINE
1OI3I2O24 LANDSCAPE SUPPLIES
1OI2I2O24 LANDSCAPE SUPPLIES
10t11t2024 ACO SRVS

UTILITY BILLING SRVS
INSD SNGR INSERTS VOL#14

POUCHES & EQUIP

VESTALTERATION

POSTAGE METER RENTAL

TEMP LABOR SRV

JFK - WALKING PATH

BOTTLED WATER

BOTTLED WATER (PW)

BOTTLED WATER
10t112024
10t1t2024
10t1t2024
Page: 6
46 apChkLst
1011812024 1:05:38PM
Bank : waap WESTAMERICA BANK
Check# Date Vendor
93302 10t18t2024 01354
Voucher:
93303 10t18t2024 02931
Voucher:
10t18t2024 10973
Voucher:
93304
93305 10t18t2024 08757
Voucher:
93306 10t18t2024 09275
Voucher:
(Continued)
lnvoice
STEELE PRINTING 1267
1072
1271
SUN AUTO TIRE & SERVI( 321102591
Page: 7
Amount Paid Gheck Totallnv Date Descriotion

TYP ES ET/P ROOFS/C ITATI O N

TYP ES ET/P ROO FS/C ITATI O N

TYPESET/PROOFS/DOOR HA
VEHC MAINT/TIRES'05 GMC
FinalCheck List
City of Sanger
8t27t2024
12t7t2023
8t30t2024
10t4t2024
1,501.07
1,331.52
175.12
1,420.41
784.45
623.23
522.97
1,045.93
727.10
865.80
1,298.40
727.10
810.25
442.50
4,112"10
4,898.15
1,400.00
1,400.00
1,400.00
1 ,319.50
1,400.00
846.00
1,454.69
1,034.63
384.49
6,514.97
1,000.00

45.00 90.00

61.62 3,007.71
1,420.41
6,594.98
10,263.00
6,919.50
846.00
135.00

61.62 SUPERIOR POOL PRODU

SWANSON FAHRNEY FOI

SYTECH AUTOMATION

TELSTAR INSTRUMENTS
UN|TY tT 367134
367088
367087
367086
US POSTAL SERVICE.QU, 8132076
VALLEY SHREDDING 188997
1 8901 1
VERIZON WIRELESS 9975200489
10t1t2024 tT SRVS - PD
10t1t2024 oFFTCE 365
1OI1I2O24 FIREWALL SUB
10t1t2024 tT SRV
1 0 I 1 1 t2024 POSTAG E-0 81 3207 6
BULK CHLORINE (WELL2A)
BULK CHLORINE (WELL6)
BULK CHLORINE (WELL2s)
BULK CHLORINE (WELL11)
BULK CHLORINE (WELL14)
BULK CHLORINE (WELLg)
BULK CHLORINE (WELL16)

BULK CHLORINE (WELLTA)
VEHC MAINT'21 FORD
VEHC MAINT'14 FORD
VEHC MAINT'17 FORD
VEHC MAINT'17 FORD

PIT PUMP OILER

CENTRIFUGE

PGE SHUTDOWN
NEUROS BLOWER 2

SCADATROUBLESHOOT

DOC SHREDDING

DOC SHREDDING
M2M ACCOUNT SHARE
2028876
2028875
2028941
2028942
2028873
2028943
2028874
2028977
247010
246298
246738
246606
cos10B
cos10A
cos9
cos10c
cos13
123752
9t27t2024
9t27t2024
9t28t2024
9t28t2024
9t27t2024
9t28t2024
9t27t2024
9t30t2024
10t9t2024
10t10t2024
9t25t2024
9t30t2024
8t28t2024
8t27t2024
8t21t2024
8t30t2024
9t2412024
10t111202493307
93308
93309
9331 0
93311
10t18t2024 12252
Voucher:
10t18t2024 08821
Voucher:
10t18t2024 03878
Voucher:
10t18t2024 11840
Voucher:
10t18t2024 08709
Voucher:
78 00
9 1
,388
,000
9t3012024
9t30t2024
10t112024
Page: 7
47 apGhklst
1011812024 1:05:38PM
Bank : waap WESTAMERIGA BANK
Check# Date Vendor
(Continued)
lnvoice
VULCAN MATERIALS CO 1861207

WOODS, STEVE REIMB
Page: 8
Amount Paid Check Totallnv Date Descriotion
912612024 CONRETE SAND
10t13t2024 MTLEAGE PE 10-4-24
FinalGheck List
Gity of Sanger
93312
9331 3
10t18t2024 04321
Voucher:
10t18t2024 12216
Voucher:
490.1 0

64.45 490.10

64.45 (t
Page:8
48 apChklst
1011812024 1:05:38PM
Bank: waap WESTAMERIGA BANK
Check# Date Vendor
93314 10t18t2024 00931
Voucher:
(Continued)

YAMABE & HORN ENGINE
lnv Date Descriotion
TRACT 5826 GRNWD ESTATE

NORTH & GRNWD SWR LIFT
SPR 2023-11 RACEWAY
SPR2O1 9-05 POSITIVE SMOG
SPR2O22-02 SURF THRU CAF

NORTH SANGER GRDWTR R

TOMBSTONE WATER CONNE

SOMERSET SUBDIV
WELL22
SPR2O21-021126 N ST MULTI
2023 ST SEALING
LOCAL STREET IMPR PROJ 2

ALMONDAVE RECONSTA(BE

JENSEN & INDIANOLA TRAFF

BETHEL & ALMOND TRAFFIC

NEWMARKAVE SWR TRUNK

CESAR CHAVEZ LIGHTING
LOCAL STREETS IMPR CIP 2,

QUALITY-CA SEWER TRUNK

GEARYAVE IMPROVEMENT

SANGER GENERAL ENG SRV
TRACT 6327-GRNWD ESTATE
SPR2O2O-07 TUCKER AVE MU
WELL 19
SPR2O21-04 TOWN & COUNT
SPR2O22-10 O ST MULTI.FAM

FIRE STAT REMODEL

BETHEL/ANNADALE TRAFFIC
2024 ENCROACHMENT PERI!
CUP 2022-01 PITMAN
SPR 2024-08 SANGER FENCE
SPR 2023-11-RACEWAY
SPR 2023.11-RACEWAY

BETHELAVE REHAB
Page: 9
Amount Paid Check Total
935.00
4,081.25
632.50
921.25
287.50
10,763.75
1,233.75
5,898.75
27,213.25
338.75
5,473.50
41,165.33
438.75
2,346.25
575.00

97.50 3,090.00
300.00
13,580.00
585.00
595.00
4,491.25

82.50 783.75
10,197.94
488.75
316.25
6,509.35
265.00
1,622.50
776.25
1,007.50
792.50
385.00
3,413.75
FinalCheck List
Gity of Sanger
lnvoice
51 786
51787
51659
51623
51633
51791
51792
51802
51794
51 795
51 796
51797
51 799
51 800
51 801
51 804
51 805
51 806
51816
51817
51784
51785
51 788
51 789
51 790
51793
51 803
51 807
51 809
51811
51812
51813
51814
51815
51 798
9t13t2024
9t13t2024
8t12t2024
8t12t2024
8t12t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t1312024
9t13t2024
9t1312024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
9t13t2024
Page: 9
49 apChkLst
1011812024 1:05:38PM
FinalCheck List
Gity of Sanger
Page: 10
Amount Paid Check Totallnv Date Descriotion
811212024 SPR2022-10 0 ST MULTT-FAM
1Ot7 12024 TOTLET/HANDWASH (RANGE
1013112024 GAS & ELECTRIC SRV
:lli
Bank
Check #
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
10t1812024 04596
Voucher:
10t18t2024 02737
Voucher:
51643
ZWEIGLE SEPTIC SERVIC 40909

PACIFIC GAS & ELECTRIC OCT
992.50
225.00
152,676.87
225.009331 5
10182024 276,721.36 276,721.36
Subtotal foTWESTAMERICABANK: 1,322,211.41
Page: 10
50 apChklst
1011812024 1:05:38PM
FinalCheck List
City of Sanger
Page: 11
Grand TotalAll Checks: 1,322,211.41102 checks in this report.

Page: 11
51 Prepared by: Sierra Delgado _ Approved by: ____________________ REVIEW: City Manager: ________ Finance: ________ City Attorney: ________ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
____ Info Item
X Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: November 21,
2024 Agenda Item No.: G-5

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Michelle Speer, Assistant City Manager
Subject: Approval of Payroll Checks
RECOMMENDATION:

That the City Council approve payroll for the months of September through October including Direct Deposit Nos. 64467 through 64956; Payroll check Nos. 59956 through 60027; and Benefit Check Nos. 2040 through 2055.
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 Prepared by: Joshua Johnson, Police Commander _ Approved by: ________________________ REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X__ Consent
____ Info Item
____ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: November 21, 2024
Agenda Item No.: G-6

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Purchase of Two Patrol Vehicles and Emergency Equipment Installation on Four Patrol Vehicles
Attachments:

A. Price Quotes from Fahrney Automotive
B. Price Quote from Cook’s Communication
C. Sole Source Letter to Michelle Speer - Fahrney
D. Sole Source Letter to Michelle Speer - Cook’s
CONFLICT OF INTEREST:

None.

RECOMMENDATION:

That the City Council approve the purchase of two Ford Interceptor patrol vehicles from Fahrney Automotive Group and the purchase and installation of emergency equipment by Cook’s Communication on four patrol vehicles. This acquisition will sustain operational readiness for the Sanger Police Department.

EXECUTIVE SUMMARY
To maintain effective fleet operations, the Sanger Police Department seeks affirmation that the purchase of two Ford Interceptor patrol vehicles from Fahrney Automotive Group, priced at $55,414.01 each with an included $1,800 concession on each vehicle, is an appropriate use of Measure S funds. Additionally, 83 \\nas1\shared\Forms & Templates

emergency equipment installation by Cook’s Communication is required for four vehicles, including two recently purchased units. The total project cost is $208,884.26 . Immediate availability of the vehicles at Fahrney Automotive and Cook’s Communication’s role as our sole equipment provider support a timely and efficient acquisition. The request was also approved as an appropriate expenditure of Measure S funds by the Measure S Citizen’s Oversight Committee at the November 6, 2024 meeting.

BACKGROUND:

The Sanger Police Department relies on a reliable fleet to deliver effective public safety services. High operational demand and fleet wear necessitate regular vehicle replacements to minimize maintenance costs and support critical response capabilities. With these new vehicles, the department can replace aging units and accommodate growing service demands, enhancing patrol visibility and response.

Production delays had previously affected vehicle availability; however, Fahrney Automotive Group can provide two Ford Interceptor vehicles immediately at a government rate. This expedites fleet readiness while securing cost efficiency through a long -standing partnership. In addition, the department will outfit these new vehicles —and two from the previous fiscal year —with emergency equipment, such as lights, sirens, and communication systems essential to patrol operations. Cook’s Communication is the department’s sole local provider for the preferred emergency equipment, guaranteeing compatibility and reliability.

PRICE QUOTES:

See Attachments

REASON FOR RECOMMENDATION:

A dependable fleet is fundamental to effective police operations, allowing 24/7 responses, from emergencies to routine patrols. Wear and tear on patrol units require continual investment in new vehicles to prevent maintenance-related downtimes and ensure officer and public safety. Additionally, emergency equipment enables safe and efficient operations; Cook’s Communication provides the necessary quality and compatibility through a proven track record with the department. This purchase will allow for optimal fleet operation standards and meet current service demands.

FISCAL IMPACT:

The total project cost is $208,884.26, covering two Ford Interceptor vehicles at $55,414.01 each and emergency equipment installation for four units at $98,054.24. The purchase is funded under the Measure S approved budget.

ALTERNATIVES:

The Council could delay the purchase to seek additional bids; however, this may cause further delays, impacting fleet readiness and increasing maintenance costs.

ACTIONS FOLLOWING APPROVAL:

Purchase two patrol vehicles and installation of emergency equipment on four patrol vehicles. 84 Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/14/24 Up-FIt Shop Origin Net 30
David Burchfield
Sanger Police Department Sanger Police Department
1700 7th Street
Sanger, CA 93657-0000
1700 7th Street
Sanger, CA 93657-0000

SANGERPOLICE
15771
160 North Broadway
Fresno, CA 93701-1592
Required
11/13/24
(559) 233-8818 (559) 268-8506Phone:

Fax:
(559) 875-8522Phone:
(559) 875-5391
Phone:

Email: [email protected]
2025 FORD FPI U
*****PATROL BUILD*****
UNIT# TBD 1

FEDERAL SIGNAL
***PROMO PKG***
INTG51J Fed Sig 51" Integrity
Lightbar w/ FS Join
INTG51J-1661266241
red/white and blue/white forward and side
facing
red/amber and blue/amber rear facing
2389.002389.001
HKB-FPIU20-HP Fed Sig Hi Performance
Hook Kit
fits '21+ FPI Utility

0.000.001
PF200S17B Federal Signal Pathfinder
100W Siren Amp with 17
Button Remote Controller
1302.001302.001
ES100C Federal Signal 100 watt
Siren Speaker

0.000.001
ESB-U Universal Siren Bracket
for ES100 Siren

0.000.001
OBDCABLE25-2 Fed Sig OBDll Cable
fits '20 FPI Utility
137.00137.001
EXPMOD24 Fed Sig Expansion Module
24 Channel
265.00265.001
****************************
358118501 Hella Hero FLEX White
Reverse, S/T/T

NO DRILL WARNING LIGHT
Warning light color choice of
Red, Blue, White, or Amber
*Must be used with a specific vehicle
292.00146.002
Thank You
85 Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

SANGERPOLICE
15771
160 North Broadway
Fresno, CA 93701-1592
Required
11/13/24
(559) 233-8818 (559) 268-8506Phone:

Fax:
(559) 875-8522Phone:
(559) 875-5391
Phone:

Email: [email protected]
adapter*
358118311 Hella Hero Flex Adapter A2
F150, Escap, Tahoe

32.0016.002

COMMUNCIATIONS EQUIPMENT
NX-5700BK Kenwood 50 watt, 1024CH
136-174MHz, RF Deck
3 Year Warranty
614.00614.001
NX-5800BK Kenwood 50 watt, 1024CH
450-520MHz, RF Deck
3 Year Warranty
614.00614.001
KWD-5004MR Kenwood License Key for
Multiple RF Decks

0.000.002
KWD-5100CV Kenwood P25 Conventional
License Key
808.00404.002
5AFMM-MR Kenwood NX5000 Dual Deck
Single Head Dual Speaker
Remote Mount Kit
1064.001064.001
MMSU-1 Magnetic Mic
Conversion Kit

42.0042.001
ROOF-FT-NITI Stico Flexi-Whip Antenna
136mhz-1ghz. Includes
coax.
198.0099.002
RFU505ST PL259 For RG58 20.00 10.002

HARDWARE
BK0802ITU20 Setina PB450L4 Push Bumper
4 Fed Sig Micropulse Ultra
fits '20 FPI Utility
1087.001087.001
CC-20FDUV-22 Troy 22" Console
fits '20 FPI Utility
431.00431.001
FP-KENKCH20R Troy 3" Faceplate
fits Kenwood NX5700/5800

0.000.001
Thank You
86 Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

SANGERPOLICE
15771
160 North Broadway
Fresno, CA 93701-1592
Required
11/13/24
(559) 233-8818 (559) 268-8506Phone:

Fax:
(559) 875-8522Phone:
(559) 875-5391
Phone:

Email: [email protected]
KCH20R Control Head
FP-PLATINUM Troy 4" Face Plate for
Control Head

0.000.001
FP-BLNK2 2" Blank Troy Face Plate 0.00 0.005
FP-BLNK1 1" Blank Troy Face Plate 0.00 0.001
AC-MCM1 Troy Mic Clip 15.0015.001
AC-INBHG Troy 4" Dual Beverage
Holder

51.0051.001

14.0553 Sho-Me 12v outlet
(3 Plug)

42.0042.001
CM-SDMT-SL-LED Troy Heavy Duty Sliding
Docking Station/Laptop
Mount System
Old p/n CM-SDMT-SL-GJ30
471.00471.001
GM-SGRF-MNT Troy Dual Weapon Rack
Adjustable. No Locks
282.00282.001
SC-1 Gun lock for 870
#2 KEY
125.00125.001
SC-6 Santa Cruz Universal Gun
Lock for Extra Large
Weapons. Specify Key Type.

Old p/n SC5-XL
#2 KEY
202.00202.001
TP-E-SL3-US-SS Universal Sedan Partition
1/2 Mesh 1/2 Poly Carb
Old p/n TP-US-SS-TROY3
848.00848.001
SAB-20-FDUV-BB Troy Partition Mount Kit
fits '20 FPI Utility

0.000.001
KP-UV20-DAP-SS Troy Kick Panel
fits '20 FPI Utility
183.00183.001
Thank You
87 Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

SANGERPOLICE
15771
160 North Broadway
Fresno, CA 93701-1592
Required
11/13/24
(559) 233-8818 (559) 268-8506Phone:

Fax:
(559) 875-8522Phone:
(559) 875-5391
Phone:

Email: [email protected]
WG-20-FDUV-SET Troy Window Barriers
Welded Bars
fits '20 FPI Utility
274.00274.001
PS-20-UV-OS-RL Troy Plastic Rear Seat w/OS
Belt System & Rear Lexan
Partition.
1873.001873.001
AC-20-UV-HATCH Troy Rear Window Barrier
fits '20 FPI Utility
138.00138.001
CP-UV20-CARGO Troy Utility Cargo Mount
w/Gas Shocks
fits '20 FPI Utiltiy
760.00760.001
CP-GB403212-PB Troy Gunbox w/Push Button
Combination Lock.
40"x32"x12"
1666.001666.001
MISC. INSTALLTION EQUIP.
7189B-BSS Bussman 150amp
Resettable Circuit Breaker
Old p/n CB185-150

47.0047.001
SS0009 Pro-Gard SafeStop Module
fits '20 FPI Utility
196.00196.001
7615B-BSS Blue Seas Solenoid/Timer.
120amp 12vdc
123.00123.001
5029B-BSS 12 Circuit Water Resistant
Fuse Block w/Cover

42.0042.001
5029 FPI MNT BRKT Mounting Bracket for 5029
Fuse Block.

Fits '13 FPI Utility

50.0050.001
NUS-2X Nu-Tech Roof Entry Port 25.0025.001
5080 Relay 14.0014.001
TREMCO Tremco Anti-Theft System 179.00179.001
ECVDMLTAL00 Sound Off Signal 85.0085.001
Thank You
88 Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

SANGERPOLICE
15771
160 North Broadway
Fresno, CA 93701-1592
Required
11/13/24
(559) 233-8818 (559) 268-8506Phone:

Fax:
(559) 875-8522Phone:
(559) 875-5391
Phone:

Email: [email protected]
Universal Dome Light
Red/White Selectable
MATERIALSFEE3 Installation Material
Bundle
350.00350.001
LAISREG Shop Installation

FPI U PATROL
5280.00160.0033.000
Install customer provided
CF33 laptop docking station
and power supply
Subtotal
Freight charges
Sales tax @ 8.35000%

Total

22616.00
450.00
1447.56

24513.56

We appreciate your continued patronage
Thank You
89 90
91 92
93 94
95 DATE: 10/15/2024

TO: MICHELLE SPEER

ASSISTANT CITY MANAGER

THROUGH: GREG GARNER

CHIEF OF POLICE

FROM: JOSHUA JOHNSON

COMMANDER, SUPPORT SERVICES DIVSION
SUBJECT: SOLE SOURCE JUSTIFICATION FOR EMERGENCY EQUIPMENT

INSTALLATION BY COOK'S COMMUNICATION
The Sanger Police Department relies on Cook’s Communication as the sole local vendor qualified to install our preferred emergency equipment, which includes lights, sirens, prisoner transport systems, and police radios. This equipment is critical to the operational functionality and safety of our patrol vehicles. Over the years, Cook’s Communication has demonstrated unmatched reliability, high-quality service, and excellent customer support, making them the ideal provider for this service.

This request to bypass the standard procedure of obtaining three competitive quotes is supported by the following justifications:

1. Vendor Expertise and Familiarity: Cook’s Communication has extensive knowledge of our fleet and specific equipment requirements, allowing them to provide seamless, efficient service. Their expertise ensures that our vehicles are equipped and road-ready in a timely manner, minimizing downtime for patrol units.

2. Proven Track Record: Cook’s Communication has consistently provided reliable, high- quality installation services for the Sanger Police Department. Their work has met or exceeded our standards, and their familiarity with our needs makes them the most efficient and trustworthy vendor for these installations.

3. Sole Local Provider: Cook's Communication is the only local vendor with the qualifications and capabilities to meet our equipment installation standards. Engaging with another vendor would introduce risks, including potential delays and inconsistent service quality.

GREG GARNER, CHIEF OF POLICE

96 4. Critical Equipment for Patrol Functionality: The timely installation of emergency equipment is vital to maintaining the readiness and safety of our patrol fleet. Cook’s Communication’s ability to promptly deliver services ensures that our vehicles remain fully operational, which is essential for public safety.

Given these factors, I request approval to proceed with Cook's Communication as the sole provider for emergency equipment installation services for the Sanger Police Department, as it is in the best interest of both the City of Sanger and the department to maintain the operational readiness of our patrol vehicles.

97 DATE: 10/08/2024

TO: MICHELLE SPEER

ASSISTANT CITY MANAGER

THROUGH: GREG GARNER

CHIEF OF POLICE

FROM: JOSHUA JOHNSON

COMMANDER, SUPPORT SERVICES DIVSION

SUBJECT: SOLE SOURCE JUSTIFICATION FOR THE PURCHASE OF TWO FORD

INTERCEPTORS FROM FAHRNEY AUTOMOTIVE GROUP

The Sanger Police Department is currently experiencing significant delays in obtaining our preferred patrol vehicles, the Ford Interceptor, due to a backlog in production. Our last order for these vehicles, placed in June 2023, was only recently fulfilled after a prolonged wait. As you know, the Ford Interceptor is our department's standard patrol vehicle, ensuring consistency in performance, safety, and familiarity for our officers.

Fahrney Automotive Group, a trusted and preferred dealer based in Selma, has long provided the City of Sanger with government pricing and reliable service. Recently, Fahrney Automotive informed us that they have secured two additional Ford Interceptors, which are immediately available for purchase. Given the production backlog and the critical need to maintain our patrol fleet, we request that the City proceed with the direct purchase of these vehicles from Fahrney Automotive.

This request to bypass the standard procedure of obtaining three competitive quotes is supported by the following justifications:

1. Time Sensitivity: The ongoing delays in Ford Interceptor production have strained our ability to keep our patrol fleet at full operational strength. The vehicles offered by Fahrney Automotive are immediately available, allowing us to avoid further delays and ensuring that our officers have the necessary resources to perform their duties.

GREG GARNER, CHIEF OF POLICE

98 2. Consistent Supplier Relationship: Fahrney Automotive has consistently provided the City of Sanger with competitive government pricing, reliability, and excellent customer service. Their familiarity with our department’s specific needs makes them a trusted and efficient supplier, eliminating the risks associated with new or untested vendors.

3. Unique Availability: The current production backlog has made it difficult to secure new patrol vehicles. Fahrney Automotive’s ability to offer these two Ford Interceptors is an exceptional opportunity, as the backlog is likely affecting other dealerships as well. Sourcing from multiple vendors would not only be time-consuming but also unlikely to yield better results given the limited availability of these vehicles.

4. Government Pricing: Fahrney Automotive continues to provide government pricing, which ensures that we are receiving a fair and competitive rate for these vehicles without the need for additional quotes.

Given these factors, I request to proceed with the direct purchase of these two Ford Interceptors from Fahrney Automotive Group, after Council approval, as it is in the best interest of both the City of Sanger and the Sanger Police Department to secure these vehicles promptly.

99 Prepared by: Raymond Martin____ Approved by: __E. Rosales_____________________ REVIEW: City Manager: ______________ Finance: _______ City Attorney: ______________ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: November 21, 2024
Agenda Item No.: G-7

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and City Council Members
From: Raymond Martin, Public Works Management Analyst
Subject: Ratify Actions and Agreements for Industrial Headworks and Cross Contamination Emergency Work at the Sanger Wastewater Industrial Treatment Facility
Attachments:

1. Resolution No. 2024-67

2. Rockeez Agreement (Exhibit to Resolution)

3. VIS Agreement (Exhibit to Resolution)
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommend that the:
1). City Council adopt Resolution No. 2024-67 Reviewing the Emergency Actions Taken by City Manager to Make Emergency Repairs On The Wastewater Treatment Facility Industrial Headworks, Cross Contamination After the Thickener Clarifier, And Emergency Flushing and Debris Clearing Major Sewer Line from Wastewater Plant to Academy Avenue and Ratifying Contracts With Packing Pro Tech, Inc Dba Rockeez Engineering and With Video Inspection Specialists, Inc. (“VIS”).

EXECUTIVE SUMMARY:

On July 18, 2024, City M anager Olson declared an emergency declared an emergency at the Sanger Domestic/Industrial Wastewater Treatment Facility requiring emergency repairs and to ensure a facility compliant with State regulations. The Council adopted a Resolution No. 2024-48 regarding the emergency. 100

The City’s Domestic and Industrial Wastewater Treatment Plant are undergoing critical maintenance.

Public Works staff secured quotes from Packaging Pro Tech Inc. DBA Rockeez Engineering in the total of $1,072,000 for repairs on the Industrial Headworks and emergency work on the cross contamination after the thickener clarifier . An integral part of the Emergency Determination made on July 18, 2024, was to allow the City Manager to proceed with making certain necessary and immediate repairs without delay.

City Manager Nathan Ols on approved an agreement with Rockeez to begin repairs. The total cost at the time could not be determined until the headwork was disassembled and bypass work began.

In early September 2024, a need for emergency flushing and debris clearing major Sewer Line from Wastewater Plant to Academy Avenue. VIS Contractor was available immediately and identified as a qualified contractor with extensive experience in sewer maintenance, repair and inspections. The Contractor has performed the work, and the City now will be billed on Time and Material. The proposed contract includes cost for the full cleaning of the sewer line and additional funds to provide the following services in areas deemed critical throughout the City:

Flushing Sewer Lines: High-pressure water jetting to clear debris and build-up from sewer lines.

CCTV Inspections: Using closed -circuit television to inspect the interior condition of sewer pipes and identify any issues.

Cleaning Lift Stations: Removing debris and ensuring the proper function of lift stations.

Sewer Collection System Repairs: Performing necessary repairs to maintain the integrity and functionality of the sewer collection system.

BACKGROUND:

On July 18, 2024, City Manager Nathan Olson declared an emergency at the Sanger Domestic/Industrial Wastewater Treatment Facility requiring emergency repairs. Sanger City Code Section 2-214 provides for procurement without competitive bidding for emergency purchases and contracts for supplies, materials, equipment, and services when the purchase is required for health, safety, or welfare of the public, or for the protection of property if there is a present, immediate, and existing emergency, and that such emergency procurements shall be made with such solicitation of competitive pricing as practicable under the circumstances.

The Wastewater Treatment Facility repairs are a vital part of the City’s ongoing efforts to safeguard the health and safety of its residents and maintain the operational integrity of the Wastewater Treatment Facility. The Sanger City Council Approved Resolution 2024-48 which authorizes the City Manager to execute contracts for emergency repair work under the Determination of Emergency up to $200,000 without City Council action. However, the severity of the damage and ill state of the Industrial Headworks could not be determined until thorough dismantling and investigation occurred and as such the cost is greater than the estimate given when the Emergency was declared. The cumulative cost for Industrial Headworks, the Bypass line to correct cross contamination repairs, and emergency flushing of the Sewer Line has exceeded the initial estimate provided and is broken down as follows:

101

DESCRIPTION ESTIMATED COST
Recondition of Industrial Headworks $387,000
Replace two (2) Industrial Headworks Augers $220,000
Epoxy Coat for Industrial Headworks Tank, Grit
Pit, and Troughs $155,000
Bypass line after Clarifier to correct Domestic &
Industrial Comingling $310,000
Emergency Sewer Line Flush
$400,000
(costs per contract will not exceed)
TOTAL (includes estimated sales taxes) $1,472,000

REASON FOR RECOMMENDATION:

These emergency repairs were critical to ensure the protection of health, safety, and welfare of City residents and to protect the Wastewater Treatment Facilities.

FISCAL IMPACT:

The exact fiscal impact cannot be fully known at this time as the work is still underway. Any additional costs for more repairs and materials will be brought back to City Council and addressed appropriately. The costs will be funded from Sewer Enterprise reserve funds.

ALTERNATIVES:

No recommended alternatives. Until all repairs and maintenance are done, the Wastewater Treatment Plant remains non-compliant.

ACTIONS FOLLOWING APPROVAL:

Upon approval, the agreements will be filed, per normal document retention, with the City Clerk. 102

ATTACHMENT 1

103
RESOLUTION NO. 2024-67

A RESOL

UTION OF THE CITY COUNCIL OF THE CITY OF SANGER REVIEWING THE

EMERGENCY ACTIONS TAKEN BY CITY MANAGER TO MAKE EMERGENCY

REPAIRS ON THE WASTEWATER TREATMENT FACILITY INDUSTRIAL HEADWORKS

AND CROSS CONTAMINATION AFTER THE THICK ENER CLARIFIER AND RATIFYING

CONTRACTS WITH PACKING PRO TECH, INC DBA ROCKEEZ ENGINEERING AND

VIDEO I

NSPECTION SPECIALISTS, INC
WHEREAS, the City Council has pursuant to Sanger City Code Section 2-214 delega ted its authority to the City Manage r to order emergency work and proceed without plans, spec
ifications or notice for bids to award contracts governing the purchase of supplies, equipment, and contractual services.

WHEREAS, Sanger City Code Section 2-214 provides: “ The determination that an emergency exists shall be made by the city manager in writing, setting forth the specific facts esta
blishing the emergency.”
WHEREAS, On July 18, 2024, City Manager Nathan Olson declared an emergency at the Sanger D
omestic/Industrial Wastewater Treatment Facility requiring emergency repairs with a li
mit of $200,000.

WHEREAS, on July 18, 2024 the Cit y Council adopted Resolution No. 2024-48 ratifying the City Manager’s Declaration of Emergency.

WHER
EAS, the City Manager enlisted Packing Pro Tech, Inc DBA Rockeez Engineering and Video Inspection Specialists, Inc (“VIS”) to perform the work w ithout contracts on a Time and Materials basis eliminating further delays; and
WHEREAS, the services provided/supplies delivered by Packing Pro Tech, Inc DBA Rockeez Engineering and VIS in response to the emergency have resulted in estimated costs totaling $1,472,000 exceeding $200,000 under the emergency repair work determination; and WHEREAS, the additional expenses incurred were necessary to effectively address the emergen
cy situation and ensure the safety and well-being of the City of Sanger and the Wastewater Treatment Facility; and
WHERE
AS, f ailure to i mmediately make the requir ed repair s would have resulted in danger to the health, safety, and welfare of the City’s residents and/or public facilities.

WHEREAS, the City Council has c onsidered the written report and verbal report of the City Manager at a regular meeting and determined that the facts and circumstances are such that emergency repairs and associated costs were and are needed.

NOW, THE
REFORE the City Council of the City of Sa nger resolves as follows:

Page 1 of 2 ends

104
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.

Section 2. The City Council ratifies the emergency actions taken by the City Manager including the retention of Packing Pro Tech, Inc DBA Rockeez Engineering and VIS without competitive bidding for the emergency repairs and ratifies the agreement with Packing Pro Tech, Inc DBA Rockeez Engineering and the agreement with VIS in the amount not to exceed $1,472,000. The Agreements are attached as Exhibit A and B and incorporated by reference.

Section 3. Upon completion of the aforementioned repair work, any other work shall be done through a competitive bid process as required by the Sanger City Code and Public Contract Code.

Section 4. The City Council hereby directs the City Manager to make status reports at each regularly scheduled Council meeting, pursuant to Section 22050 of the Public Contracts Code until the repairs have been completed.

Section5. This Resolution shall become effective upon adoption.

The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 21st day of November 2024, and adopted by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

_________________
Corina Tamez, City Clerk

105

ATTACHMENT 2

106

CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANGER
AND PACKAGING PRO TECH INC. DBA ROCKEEZ

THIS AGREEMENT is made on November 21, 2024, by and between the CITY OF SANGER, a municipal corporation of the State of California, ( “City”) and Packaging Pro Tech Inc. DBA Rockeez (“Contractor”).

RECITALS

A. The City operates domestic and industrial wastewater treatment facilities at the Corporation Yard. Currently, the industrial headworks is no longer separating material as designed, needs new epoxy coating, and c ross contamination issues are occurring after the thickening clarifier introducing industrial and domestic discharge to be combined and going to domestic aeration ponds (“Project”).

B. Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from all liens and claims of mechanics, teamsters, draymen and laborers required for the Project in strict compliance with the plans, drawings and/or specifications therefore prepared by the City and other contract documents relating thereto.

C. City has selected Contractor to perform the services on the basis of Contractor’s proposal, competence, and qualifications.

D. After review and consideration, City desires to enter a contract with Contractor to provide said services on the terms and conditions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, the parties incorporate the foregoing recitals and agree as follows:

1. Services. Cont
ractor agrees to perform the services herein set forth at the compensation and upon the terms and conditions herein expressed, and Contractor hereby agrees to perform such services for said compensation, and upon said terms and conditions City hereby authorizes Contractor to commence work.

2. Obligations, duties and responsibilities of Contractor. It shall be the duty, obligation
and responsibility of the Contractor, in a skilled and professional manner, to perform, furnish and supply to the City the services and supplies in accordance with the service requirements and Contractor’s rates as set forth in EXHIBIT A titled “ Industrial Headworks and Cross
Contamination Emergency Work Estimates” attached hereto and incorporated by reference.

3. Compensation.

A. Payment. Cont ractor shall provide an invoice to the City for Services completed. Compensation shall be made for Services identified in the invoice that the City in its sole discretion, concludes has been satisfactorily performed. Payment shall be made 107
within thirty (30) calendar days of receipt of the invoice unless the City notifies the Contractor that a dispute as to the invoice exists. Compensation for this Agreement will be based on a time and materials. It is understood that the City agrees to pay the Contractor for the performance of the contract which is based upon the estimated quantities of materials to be used as set forth in E XHIBIT A; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated price thereof as contained in EXHIBIT A . The budget is estimated not to exceed One Million Seventy-Two Thousand dollars ($1,072,000) as indicated in EXHIBIT A.

B. Payment Limited to Satisfactory Services. Paym
ents to Contractor by City
shall not excuse Contractor from its obligation to replace unsatisfactory deliverables, including equipment, components, materials, or services even if the unsatisfactory character of such deliverables, equipment, components, materials, or Services may not have been apparent or dete cted at the time such payment was made. Deliverables, equipment, components, materials, and services that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay at no cost to the City.

C. Withhold Payments. If
Contractor fails to provide Services in accordance
with Contractor’s obligation under this Agreement, the City may withhold any and all payments due Contractor until such failure to perform is cured, and Contractor shall not stop work as a result of the City’s withholding of payments as provided herein.

D. Audit and Inspection of Records. Contractor agrees
to maintain and make
available to the City, during regular business hours, accurate books and accounting records relating to its Services. Contractor will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this Agreement, whether funded in whole or in part under this Agreement. Contractor shall maintain such data and records in an accessible location and condition for a per iod of not fewer than five years after final payment under this Agreement or until after final audit has been resolved, whichever is later. The State of California or any Federal agency having an interest in the subject matter of this Agreement shall have the same rights as conferred upon City by this Section. Contractor shall include the same audit and inspection rights and record retention requirements in all subcontracts.

4. Effective Date and Term of Agreement. This
Agreement shall be effective on July
18, 2024, and shall continue in full force and effect through October 31, 2025, unless otherwise terminated earlier by one of the parties pursuant to Section 7 of this Agreement.

5. Independent Contractor . In t
he furnishing of the services provided herein, the
Contractor is acting as an independent contractor and not as an employee of the City. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor , its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with 108
City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health, or other benefits that City may offer its employees.

Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees, and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor . Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.

6. Insurance and Indemnity.

6.1. Indemnification and Waivers. Cont ractor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor ’s performance of its obligations under this agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement, the Contractor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

6.2. Insurance . Duri
ng the term of this Agreement, Contractor shall maintain, keep in force and pay all premiums required to maintain and keep in force liability and property damage insurance. The limits of such policy shall be as required by the City of Sanger. A copy of the City’s requirements for such insurance coverage is attached hereto as EXHIBIT B.

6.3 Survival . The Te
rms of this section 6 shall survive the termination of this Agreement.

7. Termination.

7.1 This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Contractor shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

7.2 City may immediately suspend or terminate this Agreement in whole or in 109
part by written notice where, if in the determination of City, there is:

a. An illegal use of funds by Contractor;
b. A failure by Contractor to comply with any material term of this Agreement;
c. A substantially incorrect or incomplete report submitted by Contractor to City.

In no event shall any payment by City or acceptance by Contractor constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Contractor the repayment to City of any funds disbursed to Contractor under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

All notices shall be mailed to the City:

City of Sanger
Public Works
1700 7
th Street
Sanger, CA 93657

To Contractor:

Packaging Pro Tech Inc.

DBA Rockeez Engineering
2774 9
th Avenue
Laton, CA 93242

8. Compliance with Laws.

8.1 Laws Incorporated by Ref erence. Contractor will comply with all applicable federal, state, and local laws in performing this Agreement. The full text of the laws listed in this Section, including enforcement and penalty provisions, are incorporated by reference into this Agreement. Contractor represents and warrants to the City that it has and will keep in effect during the term of this Agreement all licenses (including but not limited to, the City Sanger business license), permits, and approval of whatever nature which are legally required to perform Contractor’s services.

8.2 Prevailing Wages . Cont
ractor shall comply with State of California
prevailing wages laws.

8.3 Conflict of Interest. By executing this Agreement, Contractor certi fies that
it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees 110
promptly to notify the City if it becomes aware of any such fact during the term of this Agreement.

8.4 Proprietary Inf
ormation. In the performance of Services, Contractor may have access to City’s proprietary or confidential information, the disclosure of which to third parties may damage City. If City discloses proprietary or confidential information to Contractor, such information must be held by Contractor in confidence and used only in performing the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent Contractor would use to protect its own proprietary or confidential information.

8.5 Nondiscrimination Requirements . Cont
ractor shall comply with all state
and federal laws in the administration of this Agreement.

8.6 Alcohol and Drug-F
ree Workplace. City reserves the right to deny access to, or require Contractor to remove from, City facilities personnel of any Contractor or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City’s ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re -entry of any such person previously denied access to, or removed from, City faci lities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.

8.7 Public Records Act. Cont
ractor acknowledges that this Agreement and all
records related to its formation, Contractor’s performance of services, and City’s payment are subject to the California Public Records Act, (California Government Code §6250 et seq.). Such records are subject to public inspection and copying unless exempt from disclosure under federal, state, or local law.

9. GENERAL P

ROVISIONS

9.1 Notices. All notices and communications from the Contractor shall be to Public Works Operations Manager. All written notices shall be provided and addressed as indicated above.

9.2 Assignment. Nei
ther the City nor the Contractor will assign its interest in this Agreement without the written consent of the other.

9.3 Entire Agreement. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written provisions. Any changes to this Agreement requested by either City or Contractor may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such a writing.
111

9.4 Attorney’s Fees. I n the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney’s fees to the successful party in an amount to be fixed by the Court.

9.5 Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under this Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

10. Governing Law, Jurisdiction, Venue . The
formation, interpretation, and
performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be in the County of Fresno.

11. Waiver. In
the event that either party waives any breach of this Agreement, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other term, condition, or obligation.

12. Severability. Should t
he application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to the effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

13. Counterparts. This
Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement shall be effective upon transmission by any Party to the other parties of a fully signed facsimile copy of the Agreement after the formal approval by the governing body of the City. In case of any conflict, the counterpart maintained by the City shall be deemed to be determinative.

IN WITNES
S WHEREOF, the parties hereto have executed this Agreement.

CITY OF SANGER CONTRACTOR

By: _______________________________ By: _______________________________ Nathan Olson, City Manager

Date: _____________________________ Date: _____________________________

ATTEST:
112

By: _______________________________
Corina Tamez, City Clerk

APPROVED AS TO FORM:

By: _______________________________
Hilda Cantú Montoy, City Attorney

113

EXHIBIT A

114

EXHIBIT B

Insurance Requirements for Contractors

Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance

Commercial General Liability
A. Vendor 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 five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.

B. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.

C. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. Coverage shall contain a waiver of subrogation in favor of the City.

Business Automobile Liability
A. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.

Workers’ Compensation and Employers’ Liability

A. Vendor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor 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.

115
All Coverages
A. Each insurance policy required by the agreement shall be endorsed to stat that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. All self - insurance, self-insured retentions, and deductibles must be declared and approved by the City.

B. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.

C. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher.

Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Vendor.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage. 116

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self -insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

117
Estimate
Date
9/16/2024
Estimate #
100281F
Name / Address
Raymond Martin
Management Analyst
1700 7th Street
Sanger, Ca 93657
Packaging Pro Tech Inc. DBA Rockeez
Engineering
2774 9th Avenue
Laton CA 93242
Project
Total
Description Qty Rate Total
Scope: Recondition head works. Install bypass pump and
monitoring system. Remove poly coating on two headwork's sediment tanks with pit. Sand blast concrete and etch for epoxy coating. Apply epoxy. Replace broken pipes inbedded in concrete with stainless steel piping. Install bypass temporary sediment tank and piping. Remove and replace 8 inch return piping, remove and repair all air grit removal pumps. Lump sum.

0.00 0.00 0.00

0.00 0.00

0.00 0.00
1 0.00
Remove poly coating from tanks, sediment pit, ledges, and from around pipes, sand blast and Apply epoxy
1 198,344.19 198,344.19
Replace backflush pipe with stainless steel piping. Includes material 4 3,624.92 14,499.68 Pneumatic air system: Remove head works piping and replace12-3" gate valves and condition all 4" valves on air system. Replace 8 inch return pipe. Condition air pumps.
1 69,497.20 69,497.20
Site Work. repair and service slide gate valves. 4 2,080.00 8,320.00 304 stainless flange and hardware kit for flanges. 1 7,023.11 7,023.11 Bypass pump rental and monitoring system over 1 cycle, over 8 hrs per day. Monthly rent cycle currently starting 3rd month. 3 18,876.45 56,629.35
10,000 gallon sediment tank with piping and fittings. Monthly rent cycle currently at 3rd month.
3 14,589.00 43,767.00
Site Work 3M epoxy credit. replaced with Mainstay. 1 -42,410.00 -42,410.00 Note* Freight included, Tax to be included on invoice.

Sales Tax 9.225% 0.00
$355,670.53
118
Estimate
Date
9/16/2024
Estimate #
100282C
Name / Address
Raymond Martin
Management Analyst
1700 7th Street
Sanger, Ca 93657
Packaging Pro Tech Inc. DBA Rockeez
Engineering
2774 9th Avenue
Laton CA 93242
Project
Total
Description Qty Rate Total
Site Work: Replace two head works grit augers and troughs with custom made stainless auger troughs with hanger bearing. Extend auger screw. install trough and grout in place.

0.00 0.00
Site Work: Jack hammer out existing carbon steel grit auger conveyors incased in concrete. Replace with custom built stainless steel grit auger conveyors. Install troughs and grout into place. 2 93,123.12 186,246.24T
Site Work: Blast and epoxy troughs channels for augers. Lump sum 2 7,424.22 14,848.44 Sales Tax 9.225% 17,181.22
$218,275.90
119
Estimate
Date
10/14/2024
Estimate #
100292A
Name / Address
Raymond Martin
Management Analyst
1700 7th Street
Sanger, Ca 93657
Packaging Pro Tech Inc. DBA Rockeez
Engineering
2774 9th Avenue
Laton CA 93242
Project
Total
Description Qty Rate Total
Site Work Mainstay epoxy coat for headworks tank, grit pit, and troughs. Used to Epoxy tank and fill exposed aggregate on walls grit pit and trough.

0.00 Add to head works reconditioning project. Mainstay epoxy coating used to fill exposed aggregate and cracks. Epoxy tanks, grit pit, and trough. 5 year warranty on material and labor. Lump sum 1 152,541.00 152,541.00
Sales Tax 9.225% 0.00
$152,541.00
120
Estimate
Date
9/27/2024
Estimate #
100293F
Name / Address
Raymond Martin
Management Analyst
1700 7th Street
Sanger, Ca 93657
Packaging Pro Tech Inc. DBA Rockeez
Engineering
2774 9th Avenue
Laton CA 93242
Project
Total
Description Qty Rate Total
Scope: Bypass wet well material and labor to pump from industrial thickening clarifier to two different locations north east and one south.. Expose existing utilities. Excavate for valves, fittings pipe, and concrete structure. Install pump and electrical panel with level sensors. Trench plates covering trench, Core drill into wet well structure for intake piping and discharge piping. Core drill concrete structure at two locations for pipe intake.

0.00 0.00
4 Inch single stage self priming pump with control panel, Above ground.
1 78,752.191 78,752.19
1 0.00 0.00
Wet well concrete structure material includes base rock and grading for wet well. Installed with crane. Backfill around wet well and compact.
1 94,721.89 94,721.89
Excavate trench install pipe, fittings and valves, includes material.

Core dill intake and discharges, grout around intake and discharge pipe. Backfill and compact trench.
1 56,922.54 56,922.54
Site Work Core drill, pave, 1 8,332.19 8,332.19
Site Work. Crane two visits. Unload and set. Includes mobilization. 1 4,854.17 4,854.17 Site Work: Install concrete pump base and apron at wet well 1 14,379.24 14,379.24 Site Work: Saw cut concrete and pavement. 1 1,222.75 1,222.75 Trench plate rental includes delivery and pickup. 1 4,892.21 4,892.21 Supply power run from electrical starter in pump house to pump.

Install control panel for pump.
19,803.20 19,803.20

0.00 0.00
Freight included with quote. Tax to be included with invoice.

Sales Tax 9.225% 0.00
$283,880.38
121

ATTACHMENT 3

122

CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANGER
AND VIDEO INSPECTION SPECIALISTS, INC.

THIS AGREEMENT is made on November 21, 2024, by and between the CITY OF SANGER, a municipal corporation of the State of California, (“City”) and Video Inspection Specialists, Inc. (“VIS”) (“Contractor”).

RECITALS

A. The City’s sewer and collection system requires regular maintenance to ensure efficient operation and to prevent blockages, overflows, and other issues that could compromise public health and the environment. Routine flushing and CCTV inspections are critical in identifying and addressing potential problems before they escalate. Lift stations, which are essential for moving wastewater to treatment facilities, also require periodic cleaning and maintenance (“Project”).

C. City has selected Contractor to perform the services on the basis of Contractor’s proposal, competence, and qualifications.

D. After review and consideration, City desires to enter a contract with Contractor to provide said services on the terms and conditions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, the parties incorporate the foregoing recitals and agree as follows:

2. Obligations, duties and responsibilities of Contractor. It shall be the duty, obligation
and responsibility of the Contractor, in a skilled and professional manner, to perform, furnish and supply to the City the services and supplies in accordance with the service requirements and Contractor’s rates as set forth in EXHIBIT A titled “
VIS Contract Pricing” attached hereto and
incorporated by reference.

3. Compensation.

A. Payment. Cont ractor shall provide an invoice to the City for Services completed. Compensation shall be made for Services identified in the invoice that the City 123
in its sole discretion, concludes has been satisfactorily performed. Payment shall be made within thirty (30) calendar days of receipt of the invoice unless the City notifies the Contractor that a dispute as to the invoice exists. Compensation for this Agreement will be based on a time and materials. It is understood that the City agrees to pay the Contractor for the performance of the contract which is based upon the estimated quantities of materials to be used as set forth in E XHIBIT A; and upon completion of the P roject, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated price thereof as contained in EXHIBIT A . Compensation for services on this contract shall not exceed Four Hundred Thousand Dollars and Zero Cents ($400,000.00).

4. Effective Date and Term of Agreement . T
his Agreement shall be effective on
August 26, 2024, and shall continue in full force and effect through October 31, 2025, unless otherwise terminated earlier by one of the parties pursuant to Section 7 of this Agreement.

5. Independent Contractor . In t
he furnishing of the services provided herein, the
Contractor is acting as an independent contractor and not as an employee of the City. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor , its agents, and employees will not represent or hold themselves out to be employees of the City at 124
any time. Contractor or any agent or employee of Contractor shall not have employee status with City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health, or other benefits that City may offer its employees.

6. Insurance and Indemnity.

6.3 Survival . The Te
rms of this section 6 shall survive the termination of this Agreement.

7. Termination.

125

7.2 City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

All notices shall be mailed to the City:

City of Sanger
Public Works
1700 7
th Street
Sanger, CA 93657

To Contractor:

Video Inspection Specialists Inc.
10816 CA-41
Madera, CA 93636

8. Compliance with Laws.

8.2 Prevailing Wages . Cont
ractor shall comply with State of California
prevailing wages laws.

8.3 Conflict of Interest. By executing this Agreement, Contractor certi fies that
it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees 126
promptly to notify the City if it becomes aware of any such fact during the term of this Agreement.

8.5 Nondiscrimination Requirements . Cont
ractor shall comply with all state
and federal laws in the administration of this Agreement.

9. GENERAL P

ROVISIONS

9.1 Notices. All notices and communications from the Contractor shall be to Public Works Operations Manager. All written notices shall be provided and addressed as indicated above.

9.2 Assignment. Nei
ther the City nor the Contractor will assign its interest in this Agreement without the written consent of the other.

IN WITNES
S WHEREOF, the parties hereto have executed this Agreement.

CITY OF SANGER CONTRACTOR

By: _______________________________ By: _______________________________ Nathan Olson, City Manager

Date: _____________________________ Date: _____________________________

128
ATTEST:

By: _______________________________
Corina Tamez, City Clerk

APPROVED AS TO FORM:

By: _______________________________
Hilda Cantú Montoy, City Attorney

129

EXHIBIT A

130

EXHIBIT B

Insurance Requirements for Contractors

Minimum Scope and Limits of Insurance

Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.

B. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.

C. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. Coverage shall contain a waiver of subrogation in favor of the City.

Workers’ Compensation and Employers’ Liability

131
All Coverages
A. Each insurance policy required by the agreement shall be endorsed to stat that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. All self - insurance, self-insured retentions, and deductibles must be declared and approved by the City.

C. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher.

132
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self -insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

133
Customer Type Work Type Non-Prevailing Per Hours
Rates
Prevailing Wage Per Hour
Rates
All CCTV & Inspection Related Services
Mobilization
Non-Contract Mobilization $125.00 $150.00
City of Sanger Mobilization $100.00 $125.00
CCTV Inspections:

Non-Contract Standard Inspections $295.00 $375.00
City of Sanger Standard Inspections $275.00 $350.00
Non-Contract Lateral Launching & Locating Services $375.00 $425.00 City of Sanger Lateral Launching & Locating Services $325.00 $375.00 Non-Contract Push Camera Inspections $295.00 $350.00
City of Sanger Push Camera Inspections $265.00 $315.00
CCTV LF Pricing:

Non-Contract Purchase orders for 10,000LF plus projects 6" to 12" Pipe $1.20 $1.30 City of Sanger Purchase orders for 10,000LF plus projects 6" to 12" Pipe $1.10 $1.20 Note: Job can be bid if larger than 20,000LF at lower cost See Note See Note CIPP Point Repair / Liner 24" & 48" Length
Non-Contract Priced Per Job - Range from $3,500 to $4,200 per - 6" to 10" Pipe Quote Quote City of Sanger Priced Per Job - Sanger $3,200 to 3,800 per - 6" to 10" Pipe See Notes See Notes Note: 12" to 24" CIPP Patchs Quoted Per Job See Notes See Notes Note: CCIP Point Quantity Discount Available See Notes See Notes 360 Video Manhole Inspections:

Non-Contract Price per Man Hole (large jobs are priced by quote) $125.00 $175.00 City of Sanger Price per Man Hole (large jobs are priced by quote) $100.00 $125.00 All Cleaning & Hydro Vac Services
Non-Contract Mobilization is charged for every 30 mins of travel $125.00 $150.00 City of Sanger Mobilization is charged for every 30 mins of travel $100.00 $125.00 Non-Contract Fuel Surcharge (Only Charged When Above $4.00 per gallon $75.00 $75.00 City of Sanger Fuel Surcharge (Only Charged When Above $4.00 per gallon $75.00 $75.00 Non-Contract Truck - Hourly Rate (1 or 2 Techs) $400.00 $495.00 City of Sanger Truck - Hourly Rate (1 or 2 Techs) $375.00 $455.00 Non-Contract Specialty Cleaning & Vac (2 Techs) Range $595.00 to $795.00 Priced by Job Priced by Job City of Sanger Specialty Cleaning & Vac ( 2 Techs) Range $595.00 to $695.00 Priced by Job Priced by Job Hydro Excavation Services:

Non-Contract Hourly Rate (1 or 2 Techs) $495.00 $595.00 City of Sanger Hourly Rate (1 or 2 Techs) Priced by Job Priced by Job Vac Truck -Hydro Root Cutting:

Non-Contract Fuel Surcharge $75.00 $75.00
City of Sanger Fuel Surcharge $75.00 $75.00
Non-Contract Hourly Rate (1 or 2 Techs) $425.00 $475.00 City of Sanger Hourly Rate (1 or 2 Techs) $300.00 $350.00 Additional Fees - All Services:

Non-Contract Minimum Time Charged: 4 Hours See Notes See Notes City of Sanger Minimum Charges will be flexible between 2 - 4 hours See Notes See Notes Non-Contract VAC: Emergencies, Overtime, Weekends & Holidays $595.00 $695.00 City of Sanger VAC: Emergencies, Overtime, Weekends & Holidays $495.00 $595.00 Non-Contract Administration Fees (job Dependent) $100.00 $150.00 City of Sanger Administration Fees (job Dependent) N/C N/C City of Sanger
VIS Contract Pricing Date: 11/1/2024 - 11/1/2025 134

Prepared by: Joshua Rogers____ Approved by: __Nathan Olson________________

REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024
Agenda Item No.: G-8

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Sewer Easement Acceptance
SAC Wireless Communication Tower Project

Attachments: 1. Resolution No. 2024-68

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2024-68, which accepts the grant of easement for public sewer purposes through the property known as Assessor Parcel Number (APN) 320-011-21S.

EXECUTIVE SUMMARY:

As a condition of approval of Site Plan Review (SPR) 2023-22, the owner of the property proposed for construction of a wireless communication tower has offered for dedication a grant of easement for sewer purposes to protect, and provide access for operation and maintenance of , an existing city sewer pipeline.

BACKGROUND:

SAC Wireless submitted an application for site plan review for the construction of a wireless communication tower at the intersection of L and 8 th Streets. This application was processed under 135

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Site Plan Review (SPR) No. 2023 -22. During review of the application, Staff noted that an existing City of Sanger 10-inch sewer line has historically run through the property. The sewer line is noted in an existing easement which is present on title for the property, but the easement does not provide positive location information for the sewer line. As a condition of approval of the SPR, Staff required the dedication of a new easement with positive location of the pipeline to ensure the line will be protected and to provide access for City use.

The owner of the property is Richard A. Bubenik, Trustee of the Survivor’s Trust under the Benjamin John Bubenik Aka Benny Bubenik and Irene Mae Bubenik Trust dated September 10, 1992, as to an undivided ½ interest; and Richard A. Bubenik, Trustee of the Marital Deduction Trust under the Benjamin John Bubenik Aka Benny Bubenik and Irene Mae Bubenik Trust dated September 10, 1992, as to an undivided ½ interest (Owner) and the Owner has executed a grant of easement to dedicate a 20-foot wide sewer easement. Staff recommends that the City Council accept the easement on behalf of the public.

REASON FOR RECOMMENDATION:

The easement is necessary to protect, and provide access for operation and maintenance of, an existing city sewer pipeline.

FISCAL IMPACT:

There is no fiscal impact associated with the acceptance of the easement deed.

ALTERNATIVES:

None recommended.

ACTIONS FOLLOWING APPROVAL:

The City Clerk will affix a certificate of acceptance to the signed easement deed and record the documents with the Fresno County Recorder.
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ATTACHMENT 1

137
RESOLUTION NO. 2024-68

A RESOLUTION OF THE CITY OF SANGER ACCEPTING A GRANT OF EASEME NT

FOR PUBLIC SEWER PURPOSES FROM
RIC
HARD A. BUBENIK, TRUSTEE OF THE SURVIVOR’S TRUST UNDER THE

BENJAMIN JOHN BUBENIK AKA BENNY BUBENIK AND IRENE MAE BUBENIK TRUS
T DATED SEPTEMBER 10, 1992, AS TO AN UNDIVIDED ½ INTEREST; AND RICHARD A. BUBENIK, TRUSTEE OF THE M ARITAL DEDUCTION TRUST UNDER THE

BENJAMIN JOHN BUBENIK AKA BENNY BUBENIK AND IRENE MAE BUBENIK TRUS
T DATED SEPTEMBER 10, 1992, AS TO AN UNDIVIDED ½ INTEREST WHEREAS, SAC Wireless submitted a site plan review application for a communi
cations tower on L Street near the intersection with 8th Street (“Project”) on the property known as Assessor Parcel Number (APN) 320-011-21S (“Property”) owned by Richard A. Bubenik, Trustee of the Survivor’s Trust under the Benjamin John Bubenik Aka Benny Bubenik and Irene Mae Bubenik Trust dated September 10, 1992, as to an undivided ½ interest; and Richard A. Bubenik, Trustee of the Marital Deduction Trust under the Benjamin John Bubenik Aka Benny Bubenik and Irene Mae Bubenik Trust dated September 10, 1992, as to an undivided ½ interest, (“Owner”); and
WHEREAS, one of the conditions of approval for the Project was for the dedication of an easement for public sewer purposes to protect, and provide access for operation and maintenance of, an existing sewer line running through the Property; and WHEREAS, the Owner has agreed to convey a portion of the Property deemed by the City Engineer as necessary through a Grant of Easement; and WHE
REAS, it is in the best interest of the City of Sanger and its residents to accept the Grant of Easement; and

NOW THER
EFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sange
r, State of California accepts the Grant of Easement for public sewer purposes. * * * * * * * * * * * * * * * * *
138
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 21st day of November, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN (RECUSAL): COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:

__________________________________________
Corina Tamez, City Clerk
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141
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Prepared by: Joshua Rogers____ Approved by: __Nathan Olson________________

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024
Agenda Item No.: G-9

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Right of Way Acquisitions – Bethel Avenue

Attachments: 1. Resolution No. 2024-69

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2024-69, which accepts the right-of-way dedications for permanent public street and utility purposes along the west side of Bethel Avenue just south of the California Avenue alignment.

EXECUTIVE SUMMARY:

Bethel Avenue is planned to ultimately be widened to a 4 -lane divided arterial throughout the City limits in conformance to the Circulation Element of the 2035 General Plan Update. In preparation for the ultimate improvements, G4 Properties Ltd, a California Limited Partnership has agreed to grant the necessary right of way along the west side of the roadway for the approximately 470 feet of roadway just south of the railroad crossing.

BACKGROUND:

The City is currently working on a capital improvement project to rehabilitate Bethel Avenue between 144

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Jensen Avenue and the Union Pacifi c railroad crossing , which is also the northern City Limit line in that area . This project will not expand the roadway capacity but will just reconstruct existing improvements to extend its useful life. When additional development occurs in the northern growth area, Bethel Avenue will be widened to its ultimate capacity of a 4-lane divided arterial, similar to how it generally exists for most of the other areas within the City.

The City has worked extensively with Fowler Packing and its associated partnerships on growth plans in North Sanger, and they are currently in development of a Specific Plan for their properties in that area. The City has also received grant funding to prepare a Railroad Crossing Safety Plan using federal transportation safety funding , including the Bethel Avenue crossing. Staff has reviewed existing right of way (“R/W”) records for Bethel Avenue in this area and determined that the ultimate R/W on the east side of the road south of the railroad crossing was previously dedicated with the subdivision for Tract 5201. The R/W on the west side has not been previously dedicated.

In preparation for the future widening and improvement of Bethel Avenue in this area, G4 Properties Ltd, a California Limited Partnership (“G4”) which is one of the Fowler Packing partnerships, has agreed to grant the R/W along the frontage of two of their properties, knowns as Assessor Parcel Numbers (APN) 315-021-29 and 315-021-30. Attached to the Resolution are the Grants of Easement for the associated R/W dedications. Staff recommends that the City Council accept the dedications on behalf of the public.

REASON FOR RECOMMENDATION:

The R/W is necessary for the future construction of public road and utility improvements by the City.

FISCAL IMPACT:

There is no fiscal impact associated with the acceptance of the easement deeds.

ALTERNATIVES:

None recommended.

ACTIONS FOLLOWING APPROVAL:

The City Clerk will affix a certificate of acceptance to the signed easement deed s and record the documents with the Fresno County Recorder.
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ATTACHMENT 1

146
RESOLUTION NO. 2024-69

A RESOLUT

ION OF THE CITY OF SANGER AC CEPTING RIGHT OF WAY DEEDS FOR PUBLIC

STREET AND UTILITY PURPOSES FROM
G4 PROPERTIES LTD, A CALIFORNIA LIMITED PARTNERSHIP,
FOR

BETHEL AVENUE
WHEREAS, the City of Sanger has planned through its General Plan Circulation Element that Bethel Avenue be designated as a 4-lane divided arterial throughout the City Limits; and WHEREAS, the City has received federal transportation safety funding to analyze railroad crossing safety upgrades, including the crossing of the Union Pacific Railroad and Bethel Avenue (“RR crossing”); and
WHEREAS, the City has been working with Fowler Packing and its associated partnerships on land-use planning and potential development on their properties in the North Sanger area; and
WHEREAS, G4 Properties Ltd, a California Limited Partnership (“Owner”) is one of the Fowle
r Packing partnerships who owns property along Bethel Avenue ne ar the RR crossing, which properties are known as Assessor Parcel Numbers (APN ) 3125-021-29 and 315-021-30 (“Properties”); and
WHEREAS, future development of the Properties would necessitate the construction of Bethel Avenue to its ultimate configuration, including the dedication of sufficient right of way for the construction; and
WHEREAS, the Owner has agreed to convey by Grants of Easeme nt portions of the Properties deemed by the City E ngineer as necessary for the future expansion of Bethel Avenue to its ultimate build-out; and
WH
ERE
AS, it is in the best interest of the City of S anger and its residents to accept the Grants of Easement, attached hereto as Attachments 1 and 2.

NOW THEREFORE, IT IS HEREBY R ESOLVED, that the City Council of the City of Sanger
, State of California accepts the right-of-way dedications for public street and utility purposes.
* * * * * * * * * * * * * * * * *
147
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 21st day of November, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN (RECUSAL): COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:

__________________________________________
Corina Tamez, City Clerk

148

ATTACHMENT 1

Grant of Easement – APN 315-021-29

149

ATTACHMENT 2

Grant of Easement – APN 315-021-30

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152
153
154
155
156
157
158
159
160
161
162

Prepared by: Joshua Rogers____ Approved by: ___Nathan Olson_________________

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024
Agenda Item No.: G-10

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Establishing Procedures for State and Federal -Aid Project Construction Administration – Adoption of Caltrans Local Agency Procedures Manual Chapter 16

Attachments: 1. Resolution No. 2024-70

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council a pprove Resolution No. 2024-71, which adopts the Caltrans Local Agency Procedures Manual Chapter 16, “Administer Construction Contracts” to establish procedures and guidelines for administering state and federally-funded construction contracts.

EXECUTIVE SUMMARY:

The City of Sanger has historically received state and federal funding for transportation projects through funding agreements with the State of California Department of Transportation (Caltrans). As a condition of receipt of this funding, the City is expected to follow all state and federal guidelines.

The City does not currently have official ly adopted polices and procedures for administration of construction contracts utilizing state and/or federal funding. In order to do so, Staff recommends that the City Council adopt Chapter 16 of the Caltrans Local Agency Procedures Manual, entitled “Administer Construction Contracts.”
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BACKGROUND:

The City is currently operating under a funding agreement with Caltrans entitled “Master Agreement – Administering Agency-State Agreement for Federal -Aid No. 06 -5197F15”, and dated May 31, 2016.

This agreement and all prior forms of this agreement require the City to comply with all applicable state and federal guidelines for all phases of project administration and implementation. While the City has historically endeavored to adhere to all of the funding requirements, and while Staff has historically relied on the procedures established within the Caltrans Local Agency Procedures Manual (LAPM), the City has not officially developed its own set of policies and procedures for the administration of these projects.

Chapter 16 of the LAPM is entitled “Administer Construction Contracts” and details the guidelines and procedures for the processes including, but not limited to:

• Project Supervision and Inspection
• Maintaining Project Records
• Tracking Contract Time
• Subcontractor Management
• Engineer’s Daily Reports
• Labor Compliance
• Progress Payment and Change Order Management
• Quality Assurance Program
• Disputes and Claims

Staff recommends that the City Council, by the attached resolution, officially adopt Chapter 16 for use by City staff in implementing these projects.

REASON FOR RECOMMENDATION:

This will provide a formal framework for current and future Staff to utilize in the implementation and administration of state and federally-funded transportation projects.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ALTERNATIVES:

None recommended.

ACTIONS FOLLOWING APPROVAL:

Staff will continue adhering to these procedures and guidelines. 164

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ATTACHMENT 1

165

RESOLUTION NO. 2024-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 16: “ADMINISTER CONSTRUCTION CONTRACTS”

WHERAS, the City of Sanger desires to receive and utilize state and federal funding for the purpose of constructing transportation projects; and

WHEREAS, as a condition of receipt of said funding the City has entered into an agreement entitled “Master Agreement – Administering Agency-State Agreement for Federal-Aid No. 06-5197F15” dated May 31, 2016, with the State of California, acting by and through its Department of Transportation (Caltrans); and

WHEREAS, in order to comply with state and federal regulations and the terms of the aforementioned agreement, certain procedures and guidelines for construction contract administration are required, among other stipulations; and

WHEREAS, Caltrans has developed the Local Assistance Procedures Manual (LAPM) which sets forth procedures and guidelines to be utilized by local agencies on state and federally funded transportation projects to ensure compliance with applicable federal and state laws and regulations; and

WHEREAS, Chapter 16, “Administer Construction Contracts” of the LAPM specifically describes the procedures and guidelines for administering the construction phase of state and federally funded projects; and

WHEREAS, the City of Sanger desires to adopt Caltrans LAPM Chapter 16, “Administer Construction Contracts”, to guide its implementation of construction contracts for state and federally funded projects.

NOW THEREFORE, the City Council of the City of Sanger resolves as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The Council hereby adopts Caltrans LAPM Chapter 16, “Administer Construction Contracts”, and any updates thereto, for state and federally funded projects in construction.

3. This resolution is effective upon adoption.

The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council held on the 21st
of November, 2024 and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Corina Tamez, City Clerk
166
Chapter 16 Administer Construction Contracts
Contents

16.1 Introduction .................................................................................................................. 1 Contract Administration Delegated to Local Public Agencies .................................... 1 Local Public Agency Procedures when Administering a Federal–Aid Construction Contract ....................................................................................................... 1 Available Training for Federal-aid Construction Administration ................................. 2 Other Available Resources........................................................................................ 2 Contract Administration Costs Eligible for Reimbursement ....................................... 2

16.2 Project Supervision and Inspection .............................................................................. 3 Person in Responsible Charge Duties ...................................................................... 3 Provide Adequate Project Staff ................................................................................. 3 Document the Project Staff ....................................................................................... 4 Obtain the Designation of the Contractor’s Authorized Representative .................... 4

16.3 Maintaining Project Records ........................................................................................ 4 Organization of Project Records ............................................................................... 4 Availability of Records for Review or Audit ................................................................ 6

16.4 Pre-Construction Conference ....................................................................................... 7

16.5 Partnering ..................................................................................................................... 8

16.6 Tracking Contract Time ................................................................................................ 8 Introduction ............................................................................................................... 8 “Calendar” Days vs. Working Days ........................................................................... 8 Determining the Controlling Activity .......................................................................... 9 Working Day vs. Non-Working Day ........................................................................... 9 The Effects of Inclement Weather ............................................................................. 9 Contract Time Extensions ....................................................................................... 10 Liquidated Damages ............................................................................................... 10

16.7 Subcontractors ........................................................................................................... 10 Introduction ............................................................................................................. 10 Approval of Subcontractors Prior to Starting Subcontracted Work .......................... 11

16.8 Engineer’s Daily Reports ............................................................................................ 15 Assis
tant Resident Engineer ................................................................................... 15 Resident Engineer ................................................................................................... 16

16.9 Employment Practice: Labor Compliance, EEO, DBE ............................................... 17 Labor Compliance ................................................................................................... 17 167
Resident Engineer’s Role ........................................................................................ 18 Equal Employment Opportunity (EEO) .................................................................... 22 Disadvantaged Business Enterprises (DBE) ........................................................... 23

16.10 Change Order (CO) .................................................................................................... 28 Introduction ............................................................................................................. 28 Change Order Prior Authorizations ......................................................................... 30 Change Order Documents ...................................................................................... 30 Writing the Change Order ....................................................................................... 30 Change Order Format ............................................................................................. 35 Change Order Memorandum .................................................................................. 35 Help Writing Change Orders and Change Order Memorandum .............................. 36 Participating and Nonparticipating: Federal-Aid Segregation Determination on Change Orders .......................................................................................... 37 Other Issues ............................................................................................................ 38

16.11 Quality Assurance Program ....................................................................................... 39 Introduction ............................................................................................................. 39 Variations for Projects On or Off the SHS ............................................................... 39 Materials Acceptance Program ............................................................................... 40 Independent Assurance (IA) Program ..................................................................... 45 Records 47
Project Certification ................................................................................................. 47

16.12 Environmental Stewardship ........................................................................................ 47 Introduction ............................................................................................................. 47 Responsibilities of the RE ....................................................................................... 47

16.13 Progress Payments, Accounting Procedures and Payment Records ......................... 49 Introduction ............................................................................................................. 49 Procedures .............................................................................................................. 49 Approval of Progress Pay Estimates and Reimbursement ...................................... 52

16.14 Safety Provisions ....................................................................................................... 52 Introduction ............................................................................................................. 52 Procedures .............................................................................................................. 52 Citati
ons & Information Memorandum ..................................................................... 53

16.15 Traffic Safety in Highway and Street Work Zones ...................................................... 54 Introduction ............................................................................................................. 54 Procedures .............................................................................................................. 54

16.16 Final Inspection and Construction Engineering Review by the State ......................... 55

16.17 Contract Disputes and Claims .................................................................................... 55 Introduction ............................................................................................................. 55 168
Background ............................................................................................................. 56 Claims Avoidance ................................................................................................... 56 Claim Procedures and Contract Provisions ............................................................. 57 False Statements Concerning Highway Projects .................................................... 59 Federal-aid Participation ......................................................................................... 59 Additional Funds ..................................................................................................... 60 Invoices 60
Documentation ........................................................................................................ 61 Recovery of Compensatory Damages .................................................................... 61

16.18 Construction Oversight Program ................................................................................ 61 Types of Reviews .................................................................................................... 61 Review Findings ...................................................................................................... 62

16.19 References ................................................................................................................. 63

Tables
Table 16-1: Disadvantage Business Enterprise (DBE) Materials and Transportation……………….……….28

Exhibits
LAPM 16-A: Weekly Statement of Working Days
LAPM 16-B: Subcontracting Request
LAPM 16-C1: Assistant Engineer’s Daily Report
LAPM 16-C2: Resident Engineer’s Daily Report
Exhibit 16-D: Certificate of Proficiency
Exhibit 16-G: Corroboration Report (Form MR-0104)
Exhibit 16-H: Independent Assurance Sampling and Testing Log Summary (Form MR-0110) Exhibit 16-I: Notice of Materials to Be Used (Form CEM-3101) Exhibit 16-K: Report of Inspection of Material (Form MR-0029) LAPM 16-N: Employee Interview: Labor Compliance/EEO
LAPM 16-N ESP: ENTREVISTA DE EMPLEADO: CUMPLIMIENTO LABORAL / EEO Exhibit 16-O: Federal-Aid Highway Construction Contractors Annual EEO Report Exhibit 16-R: Size, Frequency and Location of Sampling and Testing Tables Exhibit 16-S: Caltrans Test Method - ASTM Test Method Conversion Chart Exhibit 16-T1: Materials Requiring a Certificate of Compliance per Caltrans Standard Specfications Exhibit 16-T2: Materials Requiring a Certificate of Compliance per the Greenbook Exhibit 16-UI: Initial Potential Claim Record
Exhibit 16-UF: Full and Final Potential Claim Record
Exhibit 16-US: Supplemental Potential Claim Record
169
Exhi
bit 16-W: Source Inspection Request to TransLab
Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculation Sheet, Exhibit 16-Z1: Monthly DBE Trucking Verification
Exhibit 16-Z2: Acceptance Testing Results Summary Log

Pre-Construction Review Checklist
Mid-Construction Review Checklist
Post-Construction Review Checklist

All LAPM Exhibits are located at:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

170
Chapter 16 Administer Construction Contracts

16.1 Introduction
This chapter provides the procedures and guidelines Local Public Agencies (LPAs) must follow when administering the construction of federal-aid projects. Projects with state funding may utilize this chapter where applicable. Contract administration is the comprised actions taken after a contract is awarded to obtain and document compliance with contract requirements, such as timely delivery, proper construction, dispute resolution, acceptance, payment, and closing of contract. These actions may include technical administrative and managerial support.

Contract Administration Delegated to Local Public Agencies For delegated projects, the Federal Highway Administration (FHWA) has assigned the responsibility of contract administration, including construction inspection, to Caltrans. This responsibility is conveyed by Caltrans to the LPA through an E-76, which is the Authorization to Proceed executed for each federal-aid project. For all locally administered federal-aid projects, further delegation of responsibility is made by Caltrans to the LPA through a state/local agreement called a Master Agreement (specific to each LPA) and the program supplements (specific to each project). Delegation to the LPA is based on the following conditions:
• An employee of the LPA is in responsible charge of the project and that person is a full- time employee of the LPA
• All federal requirements are met in performance of the work • The LPA adequately staffs and equips the project team to properly administer the contract
Such delegation does not relieve Caltrans of overall project responsibility. Caltrans will perform periodic process reviews and oversight to assure compliance.

Local Public Agency Procedures when Administering a Federal–Aid Construction Contract
For projects off the State Highway System (SHS), the LPA must follow the Local Assistance Procedures Manual (LAPM), most notably LAPM Chapter 9: Civil Rights and Disadvantaged Business Enterprise, LAPM Chapter 15: Ad vertise and Award Project, LAPM Chapter 16:

Administer Construction Contracts, and LAPM Chapter 17: P roject Completion.

For projects on the SHS (projects constructing permanent improvement within the State Right of Way), the LPA must follow the procedures found in the following four manuals:
• Local Agency Resident Engineer Construction Manual Supplement • Caltrans Construction Manual
• Local Assistance Structure Representative Guidelines
• Bridge Construction Records and Procedures Manual, Volumes 1 and 2 Keep in mind these manuals are not contract documents; they are procedures and guidelines.

In case of conflicts, the contract documents and the agency-state agreements prevail. However, if mandated federal-aid requirements were inadvertently omitted from the contract, the LPA must amend the contracts via change order to correct the omissions. 171
Available Training for Federal-aid Construction Administration The following courses are offered to LPA Resident Engineers (REs) and other staff through the California Local Technical Assistance Program:
• Resident Engineer Academy
• Federal-Aid Series, Day 5: Federal Rules for Construction Contract Administration and Project Completion
The RE Academy introduces students to the roles and responsibilities of an RE and to the requirement of the federal-aid program, while Day 5 of the Federal-Aid Series explains the federal-aid requirements in this chapter and LAPM Chapter 17: Project Completion. For more information visit the HQ Local Assistance Training webpage.

Other Available Resources
The RE has many resources to consult or request assistance in addition to the LAPM, including:
• District Local A ssistance Engineer (DLAE)
• Construction Oversight Engineer (COE)
• HQ Division of Local Assistance
• Federal-Aid Essentials for Local Public Agencies
• Caltrans Manuals and Guides

The Caltrans Construction Manual is a great resource for REs, Offi ce Engineers (OE), field inspectors, and lab testers, covering topics from change order writing, labor compliance, as well as sampling and testing. Caltrans Construction Manual (Chapter 4: Const ruction Details) is especially helpful to those inspecting roadwork operations, providing specific activities to be completed before, during, and after construction.

For structure work, the Br idge Construction Procedures Manual should be consulted.

Contract Administration Costs Eligible for Reimbursement Construction engineering (CE) costs including the work of project advertising, contract administration, supervision and inspection of contract activities, measurement and payments, preparation of as-built plans, and final estimates are eligible for federal-aid reimbursement if identified and programmed in the Authorization to Proceed. A CE cost limitation of fifteen percent (15%) of the Engineer’s Estimate is highly recommended for the federal-aid program although it is recognized that the limitation may be inappropriate for some smaller or more complex projects. Although approval is not guaranteed, support documentation including, but not limited to, a project cost breakdown, must be submitted to the DLAE for justifying project funding requests that exceed the recommended CE limitation. During the course of construction and subject to the availability of federal funding, any requests from the LPA for additional CE funds that would result in exceeding the recommended limitation must be submitted to the DLAE for review and approval. For more information on programming construction engineering see: LAPM Chapter 3: Project Authorization.
172

16.2 Project Supervision and Inspection
Federal statutes require that the LPA must provide a full-time employee of the LPA who is accountable for the project. This individual is the person in responsible charge of the project.

For projects administered by an LPA, the person in responsible charge does not need to be an engineer. The regulations allow one employee to have responsible charge over multiple projects at the same time.

The person designated responsible in charge must be a public employee. This requirement applies even in the following cases:
a. A consultant is performing the construction engineering services b. A consultant has been hired as the City Engineer or Public Works Director Person in Responsible Charge Duties
The person in responsible charge performs the following duties:
• Administers inherently governmental project activities including those dealing with cost, time, adherence to contract requirements, construction quality, and scope • Maintains familiarity of the day-to-day project operations, including project safety issues • Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements
• Visits and reviews the project on a frequency that is commensurate with the magnitude and complexity of the project
• Reviews financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse
• Directs project staff, LPAs, or consultants to carry out project administration and contract oversight, including proper documentation
• Maintains awareness of the qualification assignments and on-the-job performance of LPAs and consultant staff at all stages of the project
Provide Adequate Project Staff
The LPA must designate a qualified engineer who is empowered to administer the construction contract, known as the Resident Engineer (RE). For projects off the SHS, the RE is not required to be registered, however, if not registered, they must be working under the supervision of a registered engineer. The LPA must furnish sufficient qualified support staff to assist the RE in, but not limited to, construction surveys, soils and foundation tests, measurement, and computation of quantities, testing of construction materials, checking shop drawings, and preparation of progress payments and reports. Additional RE responsibilities include the preparation of “As-Built” drawings, filing of documentation, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the project plans and specifications, state, and federal laws, and with this manual. For projects with structures, a structures representative may be necessary. The LPA may employ a consultant to provide construction engineering services such as RE’s, inspectors, lab testers or surveyors, however, the LPA must provide a full-time public employee to be the person who is in responsible charge.
173
Document the Project Staff
List the names, titles, and contact number of all staff (agency and consultants hired by the agency) assigned to the project performing contract administration duties, including engineers, inspectors, lab testers, office help, or others. This list should not include any contractors’ staff or consultants hired by the prime contractor. Place a copy in the project files. This documentation is essential for auditors to determine the adequacy of the LPA’s staffing.

Obtain the Designation of the Contractor’s Authorized Representative Prime contractors, including those operating in joint venture, must be required by the project specifications to designate in writing a person authorized to supervise the work and to act for the contractor on the project. The representative must be present at the jobsite while work is in progress. Both the Caltrans Standard Specifications, as well as the Greenbook, includes this requirement. Place a copy of the authorization in the project file, providing the address and after-hours contact information of the person authorized to supervise.

16.3 Maintaining Project Records
The LPA must establish a separate record file for each federal-aid highway project. The project file must contain all data pertinent to the work and to the requirements of the specifications.

In general, project records must support the adequacy of the field supervision, inspection, and testing, conformance to contract specifications, and payments to the contractor. Generally, whenever the LPA is unable to produce requested records, it must be assumed by reviewing personnel that the required actions were never performed. Organized project files can minimize these negative assumptions.

During the construction phase, Caltrans COEs periodically perform reviews and inspection of the LPA project files for compliance with federal and state requirements. Organization and content of the project file is one indicator of the effective and efficient management of the project by the RE. It also minimizes resources necessary for conducting process reviews.

Organization of Project Records
Each agency must develop or adopt a filing index to be used on all federal-aid projects administered by the agency off the SHS. An agency is only required to use the CT filing index for projects on the SHS. The files must be complete and well organized and should include, at a minimum, even on relatively simple projects, the topics indicated below.

Project Record Filing System - Locally Administered Federal-Aid Projects

1. Award Package
a. Exhibit 15-A: Local Agency Construction Contract Administration Checklist b. Exhibit 15-B: Resident Engineer’s Construction Contract Administration Checklist c. Exhibit 15-M: Detail Estimate
d. LAPM 3-A: Project Authorization/Adjustment Request

2. P roject Personnel
a. LPA Project Personnel Sheet (names, titles, and phone number) b. LPA and Contractor’s Emergency Contact Information Sheet c. Contractor’s letter designating representative authorized to act for the contractor 174

3. Correspondence
a. To contractor
b. From contractor
c. General

4. LAPM 16-A: Weekly Statement of Working Days

5. Quality Assurance:
a. Copy of Quality Assurance Plan
b. Independent Assurance
i. Exhibit 16-D: Certificate of Proficiency
ii. Certification of Accreditation of Testing Lab (TL-0113) iii. Equipment Calibration Verifications (Nuclear Gauge) c. Exhibit 16-I: Notice of Material to be Used (Form CEM-3101) d. Acceptance Testing Results and Initial Tests (Make a Category 6d for each material such as, 6d1.i, Cl 2 Base Test Summary Log, 6d2.ii Cl 2 Base Test Results- 6d2.i AC Test Results Log etc. Include items below for each):

i. Test Result Summary Log
ii. Test Results
e. Exhibit 16-T1: Ma terials Requiring a Certificate of Compliance per Caltrans Standard Specifications or Exhibit 16-T2: M at erials Requiring a Certificate of Compliance per the Greenbook
f. Exhibit 16-K: Report of Inspection of Material (Form MR-0029) g. Buy America Certifications
h. Exhibit 16-G: Corroboration Report

6. Engineer’s Daily Reports
a. Resident Engineer’s Daily Report (Exhibit 16-C2, or similar) b. Assistant Engineer’s Daily Report (Exhibit 16-C1, or similar) c. Structures Engineer

7. Photographs

8. Contract Item Pay Quantity Documents
a. Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculation Sheet, or similar

9. Change Orders (CO)
a. CO 1
i. Approved CO or equivalent (LPAs may use their own form or use State form CEM-4900)
ii. CO Memorandum/Transmittal Letter or equivalent (LPAs may use their own form or use State form CEM-4903)

iii. Written Prior Approval to Proceed
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iv. Independent Supporting Force Account Cost Calculations (if Agreed Price) v. Justification of time extension
vi. Extra Work Reports
b. CO 2, etc.

10. Progress Pay Estimates and Status of Funds

11. Labor Compliance and Equal Employment Opportunity (EEO) records a. Certified Payrolls
b. LAPM 16-B: Subcontracting Request
c. Photo Documentation of all required posters:
www.fhwa.dot.gov/programadmin/contracts/poster.cfm

d. Labor Compliance Interviews
e. Exhibit 16-O: Federal-Aid Highway Contractors Annual EEO Report

12. Disadvantaged Business Enterprise (DBE) Records
a. Exhibit 15-G: Construction Contract DBE Commitment
b. Exhibit 15-H: DBE Information - Good Faith Efforts
c. Exhibit 16-Z1: Monthly DBE Trucking Verification
d. DBE Substitution Supporting documentation (if applicable) e. DBE Monthly Payment documentation (Exhibit 9-F or Exhi bit 9-P depending on project award date)
f. Exhibit 17-F: Final Report - Utilization of DBE and First –Tier Subcontractor

13. Environmental-related documents
Other sections of this chapter explain the content of the above listed file categories.

A large and complex project usually requires a more detailed record-keeping system. The record-keeping system described in Caltrans Construction Manual, Section 5-102: Organiza tion of Project Documents, is suggested for large projects.

Availability of Records for Review or Audit
The record retention period for the non-federal entities for financial purposes is three (3) years and begins when the final voucher is submitted in the Financial Management Information System (FMIS) and required documentation is submitted to FHWA per the Stewardship and Oversight Agreement. The files must be available at a single location for these reviews and audits. Use of a uniform project record-keeping system, together with diligent maintenance of the system, greatly facilitates a process review and minimizes negative findings. Good records of all construction activities clearly demonstrate to those concerned that project supervision and control were attained on the project.

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16.4 Pre- Construction Conference
For all construction projects, the LPA must schedule a pre-construction conference with the contractor.

Required Attendees
• LPA Representative
• Resident Engineer (if this is not the same person as above) • Contractor
Possible/Recommended Attendees
• LPA Labor Compliance Officer
• LPA Safety Officer
• Other Affected Agencies (Fish and Wildlife, Parks and Rec, etc.) • Emergency Services (Fire, Police, Ambulance, etc.)
• Public Utilities (if relocation or temporary shutdowns are required) • FHWA Project Oversight Manager
The size, duration, and complexity of the project should be considered when determining who to invite. When an invitation is extended to Caltrans, representation will be up to the DLAE as resources allow. The LPA representatives should discuss important contract issues, submittals, as well as sanctions for non-compliance with local, state, and federal requirements.

Required Topics
• Safety
• Equal Employment Opportunity
• Labor Compliance
• Subcontracting (including required submittal of LAPM 16-B: Subcontracting Request) • DBE
• NEPA, Permits and Environmental Mitigation Commitment requirements • Potential Traffic or Pedestrian Handling Issues
Recommended Topics
• Progress Schedule
• Work Plans
• Quality Control/Quality Assurance
• Materials Requiring Certificates of Compliance
• Materials to be Used Identified (Exhibit 16-I)
• Materials Requiring Buy America Certificates
• Contract Training (Apprentice) Goals
• Change Order Process
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• Dispute Process
• Potential Utility Conflicts
Additional meetings may be advisable where considerable effort and time is required to cover specific areas. A written record of attendance and items discussed should be made by the administering LPA and should be kept in the project files.

16.5 Partnering
Partnering is a relationship between the LPA and the contractor, formed to effectively complete the contract to the benefit of both parties. Through trust, cooperation, and teamwork, the goal is to resolve conflicts at the lowest possible level. More information about the partnering process can be found at the Partnering with Caltrans website.

Partnering is not a requirement of the federal-aid program, but it is eligible for participation as part of the construction engineering cost. Generally, the costs are shared between the contractor and the LPA. When formal partnering is desired, the Partnering with Caltrans website is available to assist in providing specifications for the process. Informal partnering may also be beneficial and does not require contract provisions to be implemented. Keep in mind, partnering is not a substitute for a contract dispute resolution process.

16.6 T racking Contract Time
Introduction
Contract time is the maximum time allowed in the contract for completion of all work contained in the contract documents. The LPA must maintain a written record of contract time, often called the Weekly Statement of Working Days (WSWD) or Weekly Project Progress Record. The LPA is responsible for reviewing the contract time requirements, determining the controlling operation, determining if each day is a working day or non-working day, and supporting time extensions.

Documentation similar to LAPM 16-A: Weekly Statement of Working Days, is an acceptable record of project progress. However, the LPA may use their own form, as long as the required information is recorded. Whichever form is used, as soon as possible and no later than the end of the following week, forward the original statement to the contractor and retain a copy in the project file. Most contracts give the contractor 15 days in which to protest the determinations shown on the form.
“Calendar” Days vs. Working Days
Contract time is specified in days or working days. In both the Greenbook and the Caltrans Specifications, a day is generally defined as every day on the calendar, regardless of weekends, holidays, or weather. Because of this, days are frequently called “calendar days.” Calendar days are somewhat rare, and usually reserved for emergency projects or those projects for which weekend and holiday work is desired, for example, repairing damage from a natural disaster. For calendar day projects, the RE must still record the controlling operation and record each day as a working day. Non-working days, unless defined elsewhere in the contract, do not exist on calendar day projects and any change in the completion date requires a CO. 178
The definition of a working day may vary from one project to another. For example, the 2010 Caltrans Standard Specifications, the 2018 Caltrans Standard Specifications, and the Greenbook each offer slightly different definitions of working day. In addition, project special provisions may modify any of these definitions. Therefore, before determining a day to be a working day or non-working day, it is important to understand and apply the specifications for your project, and not just assume they are the same as those from a previous project.

Determining the Controlling Activity
The Greenbook and the Caltrans Standard Specifications both define a working day as any day except Saturday, Sunday, and holidays, but their definitions differ when the contractor is prevented from working due to events such as weather, labor strikes, material shortages, traffic control restrictions, etc. The most significant difference is the Caltrans Standard Specifications grant a non-working day only if the controlling activity was affected.

For contracts using the Caltrans Standard Specifications, before one can determine if a day was a working day or non-working day one must know what is the controlling activity. The controlling activity is the construction activity that will extend the scheduled completion date if delayed. It is determined from the project schedule critical path. The critical path is the longest continuous chain of activities for the project that has the least amount of total float of all chains. If the progress schedule does not accurately represent current conditions, request the contractor update the progress schedule.

Note, when completing a WSWD, it is important to record the controlling activity (determined by the current schedule), not what work was performed that week (determined by the contractor), as they are not always the same.

Working Day vs. Non-Working Day
For contracts using the Caltrans Standard Specifications, once the controlling activity is known, the RE can make the determination if a given day should be recorded as a working day or non- working day. The WSWD must indicate the factors that affected the work, such as weather conditions, lane closure restrictions, or strikes. Based on these factors and the contract specifications, each day must be recorded as a working day or a non-working day.

It can be helpful to have a column, Working Day No Work Done on Controlling Operation, to record any working day on which no work is done on the project or on the controlling activities.

If the reasons are known, note them in the Remarks. This information is useful in disputes regarding in adequate time. Further discussion of tracking contract progress and the use of LAPM 16-A: Weekly Statement of Working Days is contained in Section 3-804 of the Caltrans Construction Manual.

The Effects of Inclement Weather
Do not just assume that rain equals a non-working day and sun equals a working day. For projects using the Caltrans Standard Specifications, if the controlling activity is not dependent upon weather, such as concrete curing or an embankment settlement period, a working day must be charged during inclement weather.

When determining non-working days, loss of time because of inclement weather may extend beyond the period of actual inclement weather. Situations occur where no progress on the controlling activity is possible though the full crew might have worked the entire day. This may 179
be due to the grade being too wet to work, access to the work needing to be reestablished, or saturated material needing to be removed from the tops of slopes.

Inclement weather can be other than wet or cold weather. For instance, it may be too hot to produce concrete that meets specified temperatures. If all specified precautions have been complied and the concrete work is the controlling activity, a weather nonworking day should be granted.

Contract Time Extensions
Contract time extensions must have written approval by the administering agency. Generally, the approval is made by a change order for a specified number of working days. Be sure to provide justification of any time extensions in the project files, such as a Time Impact Analysis, or a detailed narrative. Failure to do so can result in loss of federal funds. Record time adjustments on the WSWD upon approval of the change order (see Section 16.10: Change Orders for more information regarding Adjustme nt to Time of Contract Completion).

Events which do not warrant a time extension since they are generally considered to be under the contractor’s control are:
• Maintenance shutdowns
• Breakdowns
• Suspensions or stop work orders due to safety, permit, or pollution violations • Shutdowns due to construction accidents
• Material delays
Liquidated Damages
If the contractor exceeds the number of construction days (working days or calendar days) specified in the contract (plus those added by CO), liquidated damages in the dollar amount specified in the contract must be deducted from monies owed to the Contractor. Failure to do so may result in loss of federal funds.

16.7 Subcontractors
Introduction
Contractors can use subcontractors on their projects, provided the subcontractor and the prime contractor complies with contract requirements, state and federal laws, and regulations. All subcontracts should be in the form of a written agreement and contain all pertinent provisions and requirements of the prime contract, including all the required federal-aid contract language.

Refer to LAPM Chapter 12: Plans Specifications & Estimate for specific details of these requirements.

When projects use subcontractors, the RE must foc us on:
• K nowing which subcontractors are working on the project and on which specific items they are working.
• Ensuring that the prime is using the subcontractors listed in the bid documents. • Ensuring that the prime is performing at least 30% of the total contract work, or the % specified in the Special Provisions, whichever is greater. 180
• Ensuring the subcontractors listed in the bid documents are used for the work specified in the bid documents, and are not removed or replaced without prior written authorization from the RE.
• Ensuring the prime contractor does not subcontract work they are required to perform using their own forces that exceeds the threshold (more than half a percent of the total bid or $10,000 whichever is greater).

Approval of Subcontractors Prior to Starting Subcontracted Work The RE has the responsibility of approving subcontractors on federal-aid projects. In general, approval is necessary for only first-tier subcontractors. Before subcontracted work starts, the contractor must submit LAPM 16-B: Subcontracting Request for approval. This form is th e first step to ensure all rules and regulations related to subcontracting on federal-aid projects are met.

Section 5-1.13: Subc ontracting of the Caltrans Standard Specifications requires the contractor to submit this form, and Section 3.3: Status of Subcontractor of the Greenbook requires this form or a facsimile. When the contract is awarded, provide the contractor blank Subcontracting Request forms. The contractor may submit them for approval any time prior to the start of a particular subcontracted item of work; there is no need to submit all subcontractors at one time.

The last page of the form contains instructions for completing the form.

Upon receipt of the form, and before approving the contractor’s request, complete the follow ing:

1. Compare the Subcontracting Request to Exhibit 12-B: Subcontractor List/Bidders List.

2. Compare the Subcontracting Request to Exhibit 15-G: Const ruction Contract DBE Commitment.

3. Confirm the prime contractor has not subcontracted work they are required to do with their own forces.

4. Verify the subcontractors are not on the Department of Industrial Relation’s (DIR) debarred contractors list available at: http://www.dir.ca.gov/dlse/debar.html.

More information regarding steps one through four can be found below. Upon completing steps one to four, if the Subcontracting Request meets all the requirements, sign, and date the form and provide a copy to the contractor.

Place a copy in the project file. If the request does not meet all the requirements, request corrections or explanations and ask the contractor to resubmit.

STEP 1: Compare the Subcontracting Request to the Bidder’s List of Subcontractors

Requirements of the Fair Practices Act in the Bidding Process Sections 4100 through 4114 of the Public Contract Code are called the Subletting and Subcontracting Fair Practices Act (Act) and applies to California’s construction projects. The Act is designed to prevent prime contractors from bid shopping for subcontractors after bids are opened and the low bidder is known.

The Act requires that subcontracted work in excess of one-half of one percent (0.5%) of the contractor’s total bid amount or $10,000, whichever is greater, must be listed in the prime contractor’s bid proposal. This is accomplished when the contractor submits Exhibit 12-B:

Subcontractor List/Bidders List.

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Reviewing the Forms
Compare the Subcontractor Request submitted by the contractor with the Bidder’s List of Subcontractors, looking for potential violations. Confirm that the subcontractors and the work percentages are correct.

Verify the following:
• Any subcontractor listed on the request to perform more than one-half of one percent (0.5%) of the contract or $10,000, whichever is greater, is also shown on the List of Subcontractors.
• No subcontractor is listed on the request to perform work that is shown on the List of Subcontractors to be performed by another company.

When a prime contractor fails to list a subcontractor in its bid, the law requires the prime contractor must perform the work with its own forces. The prime contractor may not add an unlisted subcontractor by requesting a substitution. Exceptions to this requirement are discussed in Public Contract Code 4107(c) and Public Contract Code 4109. Ensure the listed subcontractor performs the work, or the contractor complies with the substitution procedures in the Act.

Request the contractor make corrections and resubmit the form for approval if there are any conflicts.

Common Violati
ons of the Subletting and Subcontracting Fair Practices Act The following are examples of common violations of the Act by a prime contractor:
• Subcontracting additional work to a listed subcontractor where the work was not originally listed as subcontracted work, and is in excess of the threshold requirements
• Using a subcontractor not listed at bid time whose dollar value of work is in excess of the threshold
• Substituting subcontractors without the LPA’s written consent • Performing work with their own forces that the bid documents designated a subcontractor to perform
If the Prime Contrac tor is found to be in Violation of the Fair Practice Act:

If these or any other violations occur during the work:
• The contractor must be assessed a penalty of up to 10 percent of the value of the work as defined by contract item unit prices.
• The penalty is taken as an administrative deduction.

Discuss the issue with your LPA’s Labor Compliance Officer and consult Section 3-507C (4), Violations of the Subletting and Subcontracting Fair Practices Act of the Caltrans Construction Manual for direction on how to proceed. Consult the COE for additional guidance, if needed.

Substitution of a Listed Subc ontractor
To replace, or substitute, a subcontractor listed in the bid documents per the Fair Practices Act, the prime contractor must submit a written request based on the reasons identified in 182
Public Contract Code Section 4107. Examples of acceptable s ubstitution reasons listed in the code are insolvency, failure to furnish bonds, unlicensed, failure to pay prevailing wages, and failure to execute a subcontract.

When the pr
ime contractor requests a substitution, review the code to determine if the reason provi
ded by the contractor is eligible for substitution. If yes, follow the process outlined in your contract documents, or if not provided, consult Section 3-507C (2) of the Caltrans Construction Manual. The process generally requires written notice to the subcontractor by certified mail and five business days to submit a written objection to the substitution. Follow the process carefully and maintain documentation in the project files.

Hearing Process when the Subcontract or Objects to being Substituted:

The intent of the substitution hearing is to give both parties the opportunity to explain to the hearing officer why a substitution should or should not occur. For details on the hearing process see Section 3-507C (3) of the Caltrans Construction Manual.

Accidental Listing of a Subcontractor not Required to be Listed:

Occasionally, the contractor will include subcontractors on the Bidder’s List of Subcontractors that the Act does not require to be listed (those doing less than the greater value of 0.5% of the contract or $10,000). In this instance, update the Subcontracting Request to identify the new subcontractor. If the subcontractor is a DBE, refer to Section

16.9 of this chapter for additional requirements
.

STEP 2: Comparing the Subcontracting Request to the Bidder Disadvantaged Business Enterprise (DBE) Commitment Form

Code of Federal Regulations (CFR) DBE Requirements in the Bidding Process The CFR requires that contractors take necessary and reasonable steps to ensure that DBEs have opportunity to participate in federal-aid contracts (49 CFR 26). The contractor must make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

Thus, the Required Federal-aid Contract Language stipulate that the contractor must meet the DBE goal shown in the project special provisions, or demonstrate that adequate good faith efforts were made to meet the goal. This is accomplished by the contractor’s submittal of Exhibit 15-G: Construction Contract DBE Commitment, at bid time. Regardles s of how the
contractor’s DBE commitment compares to the project’s DBE goal (as documented on Exhibit 15-G) the contractor is bound to utilize all listed DBE subcontractors or suppliers.

Any exceptions to this would require the contractor to pursue a substitution approval.

Common Violations of t
he DBE Commitment Process
The following are examples of common DBE violations by a prime contractor:
• Substituting DBE subcontractors without the LPA’s written consent • Performing work with their own forces that the bid documents designated a DBE subcontractor to perform
Compare the Subcontracting Request submitted by the contractor with the certified Bidder DBE Commitment form looking for potential violations. Verify no subcontractors are listed to 183
perform work that should be performed by a DBE. Request the contractor make corrections and resubmit the form for approval if there are any conflicts.

If the prime contractor is found to be in violation of the DBE commitment requirements:
• The LPA does not pay for work listed on Exhibit 15-G, unless it is performed or supplied by the listed DBE or a substitute authorized in writing • When the LPA doe s not pay for the work listed, the value of that work is determined by the contract bid prices, not amount of the subcontract between the prime and the sub
• The penalty is taken as an administrative deduction
If these or any other violations actually occur during the work, discuss the issue with your LPA’s Labor Compliance Officer and consult Exhibit 12-G: Required Fe deral-Aid Contract
Language and Section 8-304A (2) of th e Caltrans Construction Manual. Y ou may also consult your COE for additional guidance, if needed.

Substitution of a DBE Subcontrac tor
To replace, also known as substitute, a DBE subcontractor, the prime contractor must submit a written request based on one or more of the 11 reasons identified in Exhibit 12-G.

Examples of acceptable reasons are: insolvency, failure to furnish bonds, unlicensed, failure to execute a subcontract, failure to have a valid contractor’s license, owner’s death, debarment, and failure or refusal to perform.

When requesting a substitution, the prime contractor must include:
• One or more of the reasons listed in Exhibit 12-G
• A copy of the five-day notice from the prime contractor to the DBE regarding the request
• A copy of the response to the five-day notice from the DBE to the prime contractor regarding the request
• If applicable, the contractor’s good faith effort documentation The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. Refer to Part 1e of Exhibit 12-G for the detailed substitution process. Also consult Section 8-304B (2 ): Disadvantaged
Business Enterprise Substitutions of the Caltrans Construction Manual. Follow the process carefully and maintain documentation in the project files.

STEP 3: Confirm the Prime Contractor has not Subcontracted Work that he is Required to do with their Own Forces
Limits on the Amount of Work Subcontracted
CFR 635.116 requires the prime contractor perform at least 30 percent of work using the contractor’s own organization. The LPA is allowed to increase this percentage through their contract specifications. A contractor’s own organization includes only workers employed and paid directly by the prime contractor and who only utilize equipment owned or rented by the prime contractor, with or without operators.

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Calculating the Amount of Work Subcontracted
The contractor must state on the Subcontracting Request what percentage and dollar amount of an item will be subcontracted. The RE must verify the amount. Any rational method of estimating the amount will be acceptable, for example:
• The percentage of an area, volume, or length
• The portion applicable to material cost
• The portion of labor and equipment cost
When an entire item is subcontracted, use the prime contractor’s item bid price as the dollar amount for the form. When a portion of an item is subcontracted, apply the percentage of the bid item subcontracted to the prime contractor’s item bid price as the dollar amount for the form.

Limits on the Work the Prime
Contractor can do with their Own Forces
See steps one and two, above, for limits imposed by the Fair Practices Act and DBE Commitments, respectively.

STEP 4: Verify the Subcontractors are not on the Department of Industrial Relation’s Debarred Contracts List
Visit the Department of Industrial Relation’s Debarred Contracts list and confirm that the subcontract is not on the list and has been debarred.

16.8 Engineer’s Daily Reports
Assistant Resident Engineer
The LPA must write daily reports to document the work in progress. These daily reports may be written by the construction inspector, the Assistant RE, and/or the RE, as project and staffing needs dictate. The Assistant RE’s daily report must document what work was performed, where and how it was performed, and who performed it. The details must be sufficient so that someone not familiar with the project could re-create the events that occurred and review of the contractor’s costs to perform the work in a manner similar to force account. The report should also document significant events or conversations, and activities performed to ensure contract compliance. See LAPM 16-C1: Assi stant Engineer’s Daily Report.

The Assistant Engineer’s Daily Reports should record the following:
• General Information
o The date
o A brief description of the weather
o The printed name and signature of the author
• For each person working on the project:
o The full name
o The labor classification
o The employer
o The hours worked, broken down by contract item and/or Contract Change (CO) work 185
• For each piece of equipment working on the project:
o The make and model (or contractor’s ID number)
o The hours worked, broken down by contract item and/or CO work Equipment should be identified sufficiently to enable determination of the applicable rental rates and operator’s minimum wage. Consider in the design of your daily report form that it is important to know who operated what equipment, as this may affect the wage rate. In some cases, it may be desirable to record dates of arrivals or departures of equipment, as well as idle time for breakdown or other reasons.

The Narrative Portion of the Report should include:
• A description of the contractor’s operation
• The location where the work was performed (stations, off sets, depths, etc.) • Statements made by the contractor or LPA personnel, which are pertinent to the work • Activities performed by LPA staff to ensure the materials and workmanship complies with the contract specifications
• Sampling
• Acceptance Testing
• Measuring
• C ollection of Certificates of Compliance
• Contract Item Quantity supporting information (measurements, tonnage, waste) The description of the work performed must be sufficient to determine proper labor classification, such as differentiating work performed by a laborer versus work performed by an electrician. Workers must be classified and paid according to the work they actually perform, regardless of union affiliation, other titles, or designations.

Resident Engineer
In addition, the RE must record project activities separately (see LAPM 16-C2: Resi dent Engineer’s Daily Report). The RE may choose to report project activities on a daily or weekly basis at their discretion. The RE report should include discussions and agreements with contractors or others and should not duplicate information from the inspector daily reports. This report is not required when the RE is also acting as the field inspector on the project.

Include any information that may be pertinent even though no activity may have occurred. For example, such information could include support for determining working or nonworking days.

Include the following in the daily report:

1. Important discussions and agreements with the contractor. Record these on the day discussed. Give the names of specific persons to whom instructions were given or with whom agreements were made.

2. A general statement about the type of work done. Include the controlling operation and any facts concerning the work’s progress.

3. Weather conditions such as maximum and minimum temperatures and precipitation, among other items. Expand on exceptional weather conditions. 186

4. Statements of any other important facts pertaining to the contract that are not specifically covered elsewhere in the contract records.

Keep the report concise yet include any important information. The report should not contain routine matters, such as quantities placed, that can be found in the assistant engineer’s daily reports or other records.

16.9 Employment Practice: Labor Compliance, EEO, DBE
Labor Compliance
Labor compliance is the LPA’s effort to ensure the contractor is complying with all the applicable labor laws, acts, and statutes detailed in the contract provisions. This section presents the guidelines for performing labor compliance. These guidelines apply to all state or federally- funded projects.

The basis for these labor compliance procedures and the legal authority for LPAs to enforce labor compliance provisions derive from the California Labor Code, the Code of Federal Regulations, regulations of the FHWA, the California Code of Regulations, and the United States Department of Labor.

State and federal laws require contractors working on public works contracts to pay prevailing wages to their employees. Prevailing wages are predetermined hourly rates for each craft that are set by both the United States Department of Labor and the California Department of Industrial Relations. The prevailing hourly wage rate is composed of the basic hourly wage rate plus fringe benefits.

In addition, these laws:
• Define overtime and overtime pay
• Establish a workday and a workweek
• Require substantiation of wages via certified payrolls • Determine covered work, (work requiring the payment of prevailing wages), vs. non-covered work
The Federal-aid Highway Acts established that laborers and mechanics employed on federal- aid projects are paid at wage rates generally prevailing for the same type of work on similar construction in the immediate locality. The federal wage rate determinations are included in the contract. The California Department of Industrial Relations determines the general prevailing state wage rates, and those rates must be referenced in the contract.

Role of the Local Public Agency Labor Compliance Officer Annually, each LPA must designate a Labor Compliance Officer. The Labor Compliance Officer has the responsibility of overseeing the LPA’s labor compliance program. The duties include:
• Providing appropriate labor compliance training for LPA personnel • Ensuring labor compliance requirements are performed and documented for all state and federally-funded projects
• Assisting the RE in determining appropriate deductions or penalties 187
Many Labor Compliance Officers also perform duties listed below under Role of the Resident Engineer.

Resident Engineer’s Role
The RE has the responsibility of enforcing the labor compliance provisions of the contract at the project level. To fulfill this responsibility, the RE and support staff must have a working knowledge of the requirements. A good place to start is a complete review of Form FHWA-1273, Required Federal-aid Contract Language, found in your special provisions.

Early oversight and enforcement of the labor compliance requirements is preferable to investigations of violations and withholding penalties. In order to accomplish this, the RE must perform or delegate the following tasks:

Task 1: Review the Labor Provisions of the Contract with the Contractor at the Pre- Construction Meeting
Include Labor Compliance Requirements as a topic on the pre-construction meeting agenda. The Federal-Aid Contract Prejob Checklist found on the Caltrans Labor Compliance website is a helpful tool for developing a discussion outline. Portions of the checklist require modification to conform to your contract provisions, form numbers, and LPA policies.

Task 2: Prepare Daily Reports
Reference Section 16.8: Engineer’s Daily Reports for the information that is needed to document the presence of the contractor’s employees and owner-operators at the job site, and the work performed.

Task 3: Obtain Certified Payrolls and Owner Operator Listings A payroll is a record of all payments a contractor made to employees working on the project.

A certified payroll is one that contains the signed declaration required in Part IV-3, Payrolls and Records, of Form FHWA-1273. The provisions require the contractor and all subcontractors to:
a. Submit payrolls weekly
b. Sign a Statement of Compliance with each payroll submitted The required weekly payroll information may be submitted in any form desired, however, Form WH-347, Payroll, is available for the convenience of contractors. An executed certification on the reverse side of optional Form WH-347 satisfies the requirement for submission of a statement of compliance. The prime contractor is responsible for the submission of all copies of payrolls by all subcontractors.

By signing the Statement of Compliance, the contractor or subcontractor is certifying that the following statements for the pay period are correct:
a. The information required under 29 CFR 5.5(a)(3)(ii) and 29 CFR 5.5(a)(3)(i) is being maintained and is correct and complete.
b. Each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract has been paid the full weekly wages earned, without rebate, either directly or indirectly, and no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3.
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c. Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits, or cash equivalents, for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

Develop a system to track the submission of payrolls. Prior to making the monthly progress payment to the contractor, be sure all certified payrolls, owner operator listings, and statements of compliance have been submitted for the previous month. If documents are missing, see Discrepant, Delinquent, or Inadequate Payrolls later in this section.

Task 4: Check all Certified Payrolls
Review payrolls to verify that each laborer or mechanic has been paid not less than the prevailing hourly wage applicable for the classification of work performed as specified in the contract. When state and federal wage rates differ, the contractor is required to pay the higher of the two.

Overtime must be paid:
a. For all hours worked in excess of eight (8) in any workday b. For all hours worked in excess of 40 in any workweek c. For the first eight hours worked on the seventh consecutive day of work in a workweek
d. As at least 1.5 times the regular hourly wage plus fringe benefits For additional information on checking payrolls, owner-operator listings, calculating wage rates, fringe benefits and overtime, see the Labor Compliance section of the C altrans Construction Manual.

When checking payrolls against the prevailing wage rates, it is recommended that you place checkmarks adjacent to those wage rates verified and initial the pages. It is also recommended that you tab the payrolls that you have checked so you can refer to them quickly during a review or audit. File all payrolls and listings in the project records.

Task 5: Conduct Employee Interviews
Interview contractor employees using LAPM 16-N: Em ployee Interview: Labor Compliance EEO, or the Spanish version of this form (LAPM 16 -N ESP: EN TREVISTA DE EMPLEADO:

CUMPLIMIENTO LABORAL / EEO). During the interview, the employee is asked questions regarding wage rates, hours of work, and type of work performed. The interview is used to check the validity of information shown on the certified payroll records. See Task 7 below for information on cross checking interviews and payrolls.

Interview a minimum of two employees per contract, per month, including at least one interv
iew from the prime contractor and each subcontractor until such time as the contract is accepted or all employees on the project have been interviewed. The number of interviews taken must constitute a representative sample of workers employed on the project, including a variety of crafts and trades.

The contract provisions allow you to interview employees during work hours on the job per Part IV-3c, Payrolls and Basic Records of Form FHWA-1273. However, try to conduct the interviews at times that minimize disruption to the contractor’s operation. Assure the interviewees that their statements will be confidential. Interview employees individually and away from supervisory personnel and other contractor staff. Do not disclose to the employer 189
the identity of the employee without the employee’s consent. Be sure the interviewer and the RE sign the form and file a copy in the project records.

Task 6: Maintain Written Evidence of Apprentices Employed on the Project An apprentice is a contractor’s employee who is registered in a formal training program governed by an apprenticeship committee. Part IV-4a, Apprentices and Trainees of Form FHWA-1273, permits apprentices to work for less than the prevailing wage rate provided they are registered in bona fide apprenticeship program.

If the contractor uses apprentices, the RE must:
a. Track apprentices used on the contract in daily reports b. Ensure apprentice classifications are correctly identified on certified payrolls c. Obtain and file written evidence from the contractor that apprentices are registered in an appropriate program
d. Confirm the ratio of apprentices to journeyman is not greater than permitted by the apprenticeship agreement
Apprentices lacking evidence of registration, and apprentices in excess of allowable ratios must be paid the journeyman wage.

Written evidence of registration can be provided with form DAS-1, Apprenticeship Agreement, or a letter from the Department of Apprenticeship Standards.

On federal-aid projects, evidence of federal registration must be provided on U.S.

Department of Labor Form ETA-671, Program Registration and Apprenticeship Agreement, or a letter from the United States Office of Apprenticeship providing notice of registration.

If the number of apprentices is specified in the special provisions, the contractor must submit for a work plan specifying:
a. Number of apprentices to be trained for each classification, b. Training program to be used, and
c. Training start date for each classification.

The contractor must obtain approval of the plan before starting work. File a copy of the approved plan in the project records.

Task 7: Cross Check Daily Reports, Interviews, Payrolls and Wage Rates in Order to Determine Contractor and Subcontractor Compliance
Each month compare one of the employee interviews to the payroll record and daily reports for the week the interview was performed. Confirm that:
a. Employee was classified properly for the work the employee was doing at the time of the interview as described in the daily reports
b. Correct wage rate was paid for the proper classification c. Overtime rate was paid for any work in excess of 8 hours in a day or 40 hours in a week, or for the first eight hours work on a seventh consecutive day A single worker may perform many different tasks covered by more than one craft or classification during the course of a single day. In this situation, the contractor may break up 190
the work into the different classification and pay accordingly, or it may pay the worker the highest applicable wage rate for the entire day. If the highest wage rate is paid for the entire day, separate entries in the payroll records are not required.

If you find payroll discrepancies through review, random confirmation, or worker complaints, see the CT Labor Compliance Policy Bulletin 11-01 for required follow-up steps.

Task 8: Document that the Required Posters and Wage Rates are Displayed at the Job Site Document that the posters and wage rates are legible and posted in plain view where employees are not intimidated to read them. If the project has multiple locations without a single gathering place, the contractor may need to be creative, mounting them to the porta- potty or a sandwich board that can be easily moved.

A photograph of the display is a good way to document that the contractor was in compliance. If you are unable to take a photo, the engineer performing the verification must note compliance in the daily report. Place a copy of the photo or daily report in the project labor compliance file.

A checklist helpful for performing verification is available at:
https://dot.ca.gov/programs/construction/labor-compliance/labor-compliance-posters.

Note that the laminated all-in-one posters many contractors purchase do not contain all the required information.

Task 9: Compare all Force Account (time and material) Billings to Certified Payrolls Confirm the names of employees, wage rates, and hours listed on change order bills match information listed on the contractor’s certified payrolls. If the documents do not show identical information, do not approve payment of the change order bill until the discrepancy is corrected.

Task 10: Take Action for Payroll Delinquencies, Discrepancies, and Inadequacies If the Contractor Fails to Submit all Certified Payrolls, or Submits Incomplete Certified Payrolls
The RE must notify the contractor in writing which certified payroll documents are missing or inadequate, as well as withheld pay due to the contractor on the monthly progress payment.

A withholding up to 10% of the payment is recommended a minimum of $1,000 and a maximum of $10,000. However, Part IV-3c, Payrolls and Basic Records of Form FHWA- 1273 states contracting LPAs may cause the suspension of any further payments.

Make withholds separately for each payment period in which a new delinquency or inadequacy appears. When all delinquencies or inadequacies for a period have been corrected, release the withholdings covering that period on the next progress payment.

Withholdings can only be taken once for each missing document and do not compound on each monthly estimate. See Labor Compliance Policy Bulletin 11-1 for required follow-up steps.

A sample letter titled, “Notic e of Delinquent or Inadequate Certified Payroll Records,” can be found at the Caltrans Labor Compliance website and used to notify the Contractor of certified payroll issues. Be sure to use your LPA letterhead and modify the language as appropriate.

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If the Contractor Refuses to Provide Payrolls
When the contractor does not comply with your request to submit missing or corrected payrolls, the issues become violations and are compiled into a wage case.

If the prime contractor refuses to submit certified payrolls, the RE must notify the contractor by certified mail that payrolls have not been received. The letter advises the contractor that they are in violation of the contract, and if payrolls are not submitted within 10 days of receipt of this letter, penalties will be assessed in accordance with California Labor Code Section 1776(g) in the $100 per worker for each calendar day the payroll has not been submitted. This type of penalty must be pre-approved by the Department of Industrial Relations prior to deducting any funds from the contractor. Process an administrative deduction in the full amount of labor compliance penalties on a monthly basis. These deductions are penalties and are not refundable to the contractor, regardless of the method used to obtain the payrolls. See Chapter 8: Labor Compliance of the Caltrans Construction Manual for further discussion on this matter and consult your Labor Compl iance Officer.

Which Workers are Covered by the Labor Provisions of the Contract Every laborer or mechanic employed at the job site or site of work that performs part of the contract work is subject to the labor provisions of the contract. The laborer or mechanic may be either an employee of the prime contractor, an employee of an approved or listed subcontractor, or some other person or firm who furnishes on-site labor, including:
• Employees of equipment rental firms operating rented or leased equipment used in the work
• Owner-operators of general construction equipment such as graders, cranes, or excavators
• Firms that furnish engineering services, such as construction inspection, materials testing, and land surveying, regardless of whether that firm is hired by the contractor or the LPA
• Suppliers and fabricators who install manufactured products • Corporate officers, supervisors, or foremen who, regularly and for a substantial period of time, perform journeyman work
The terms job site or site of the work as applied to labor compliance are not limited to the actual geographic location or limits of the project. These terms include any location or facility established for the sole or primary purpose of contributing to the specific project.

Typical examples include material sites, processing plants, fabrication yards, garages, or staging sites set up for the exclusive or nearly exclusive furtherance of work required by the project. Consult the Labor Compliance chapter of the Caltrans Construction Manual for more information on Covered and Non-Covered employees.

Equal Employment Opportunity (EEO)
This section presents the requirements for administration of the nondiscrimination and EEO provisions of the contract.

California nondiscrimination and EEO requirements for public works contractors are located in Title VI, Civil Rights Act; Section 12990, Government Code; Title 2, Fair Employment and Housing Commission; Sections 8107 and 8203, California Code of Regulations. Part II:
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Nondiscrimination of Form FHWA-1273 calls the contractor’s attention to these and other requirements.

State and federal laws mandate contractors working on public works contracts not discriminate based on race, religion, sex, color, national origin, age, or disability, and to take affirmative action to assure equal opportunity.

What is the REs Role?
The RE must perform the activities listed below:
• Discuss EEO requirements at the pre-construction meeting. The Federal-Aid Contract Prejob Checklist found on the Caltrans Labor Compliance website is a helpful tool for developing a discussion outline. Portions of the checklist require modification to conform to your contract provisions, form numbers, and LPA policies. • Perform employee interviews (see Task 5 unde r Labor Compliance). • Verify EEO posters have been placed (see Task 8 under Labor Compliance). The contractor’s EEO Officer must be listed by name in the posted policy. • Review Exhibit 16-O: Federal-Ai d Highway Construction Contractors Annual EEO Report. All contractors, including subs of any tier must submit this form to the RE. The requirement applies to all contractors who have federal-aid contracts exceeding $10,000 and who worked any part of the last full week of July. The form shows the composition of the contractor’s workforce by race and gender for each job category. Withhold $10,000 if the contractor fails to submit the form by August 15
th.
• Counter sign and submit PR-1391 to the DLAE by August 25 of each year.

Report EEO Violations
In accordance with the U.S. Department of Labor Executive Order 11246, if you become aware of any possible violations of EO 11246 or 41 CFR 60, you have the authority and responsibility to notify the Office of Federal Contract Compliance Programs.

For California contact information: https://www.dol.gov/agencies/ofccp/contact/district-area- offices#California.

Disadvantaged Business Enterprises (DBE)
Federal regulations define DBE as firms that are for-profit small business concerns where at least 51% are owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

This section presents the requirements for administration of the DBE requirements of the contract. These guidelines apply to all federally-funded projects. The DBE requirements come from 49 CFR 26, Form FHWA-1273, Disadvantaged Business Enterprises, Part 1, and Exhibit 12-G: Required Federal-Aid Contract Language.
49 CFR 26 requires that bidders take all necessary and reasonable steps to achieve a DBE goal, which by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful (49 CFR 26 Appendix A). The required federal-aid contract language in Exhibit 12-G requires the contractor meet the DBE goal shown in the project special provisions or submit documents that demonstrate adequate good faith efforts were made to meet the goal. 193
DBE Goal
The DBE goal is a percentage of the total contract value that must be performed by certified DBE contractors. The DBE program is designed to increase DBE participation on federally- funded contracts by ensuring nondiscrimination in the award and administration of Department of Transportation assisted contracts, creating a level playing field on which DBEs can compete fairly, and by helping remove barriers to the participation of DBEs.

DBE Commitment Form
Exhibit 15-G: Construction Contract DBE Commitment provides the RE with a listing of specific work to be done or materials to be furnished by specific DBEs and is based on information the contractor submitted during the bidding process. The commitment is the percentage of work on the contract that the bidder has committed to perform using certified DBE contractors or suppliers. The commitment may be less than, equal to, or greater than the goal depending on the bidder. However, the contractor must meet the DBE commitment, regardless of the contract goal, or submit documents that demonstrates adequate good faith efforts were made to meet the goal. The RE will receive the approved DBE commitment form in the award package.

Role of the RE
The RE is responsible for monitoring and enforcing the DBE provisions of the contract.

Therefore, the RE and support staff must have a working knowledge of 49 CFR 26 requirements. A good place to start is a complete review of Part 1: Disadvantaged Business Enterprises of Exhibit 12-G: Requi red Federal-aid Contract Language, found in the special provisions and the DBE section of the Standard Specifications.

Prevention of DBE violations is preferable to imposing penalties for non-compliance; to accomplish this, the RE must perform or delegate the following activities:

Before the Work
Activity 1: Review the DBE Provisions of the Contract and the DBE Commitment Form with the Contractor and Construction Staff at the Pre-Construction Meeting Include DBE Utilization Requirements as a topic on the pre-construction meeting agenda.

The Federal-Aid Contract Prejob Checklist found on the Caltrans Labor Compliance website is a helpful tool for developing a discussion outline. Portions of the checklist require modification to conform to your contract provisions, form numbers and LPA policies. Ensure the field staff knows who should be performing DBE work. Be sure to emphasize the requirements for a DBE replacement, especially the requirement that written approval must be obtained prior to performing the work or payment will be withheld.

Activity 2: Compare the DBE Commitment Form (Exhibit 15-G) and the Contractor’s Subcontracting Request (LAPM 16-B) prior to Approving the Subcontracting Request Do not construe the DBE Commitment form as a request to subcontract as required by the contract specifications. The contractor must still submit a Subcontracting Request form listing the DBEs for approval. For details on approving the Subcontracting Request, see Item 2, under Approval of Subcontractors Prior to Starting Contracted Work in Section 16.7:

Subcontractors, earlier in this Chapter. If the value of the DBE subcontractor’s work exceeds the dollar figure threshold (half of one percent of the total bid, or $10,000, whichever is greater) specified in the Fair Practices Act, the DBE must also be listed on the subcontractor list.

Activity 3: Be sure any DBE subcontractor who wants to begin work has been approved on LAPM 16-B: Subcontracting Request (See Activity 2 above) 194
Dur
ing the Work
Activity 4: Verify the DBE Performs a Commercially Useful Function (CUF) A DBE performs a commercially useful function when it does all of the following (as per CFR

26.55[c]):
• Performs at least 30 percent of the total cost of its contract with its own work force and does not subcontract out portions of its contract work that are greater than normal industry practices for the type of work performed. • Performs, manages, and supervises the work involved.
• Negotiates prices, determines quantity and quality, orders materials and supplies, pays for the materials and supplies, and installs the materials where applicable. • The listed trucking DBE must own and operate at least one fully licensed, insured operational truck used on the contract.

A DBE firm does not perform a CUF if its role on the contract is limited to being an extra participant in a transaction or contract; through which funds are passed in order to obtain the appearance of participation.

The prime contractor must ensure that a DB
E performs a CUF by performing periodic CUF
evaluations as detailed and outlined in LAPM Chapter 9, Section 9.7: DBE Participation on the Contract. FHWA tips for evaluating CUF are available at:
https://www.fhwa.dot.gov/federal-aidessentials/commusefunction.pdf.

At the same time, state and federal regulations require LPAs ensure work committed to a DBE is being performed by the correct firm, and that firm is performing a CUF. • If the DBE is a subcontractor, document in the daily reports when the firm works.

Include all details required in Section 16.8 of this Chapter: Engineer’s Daily Reports.

Cross-check the reports against the DBE Commitment form Exhibit 15-G to ensure the appropriate firm is performing the work or providing the materials. • Confirm that certified payroll records have been received for the DBE. Refer to Task 4: Check all Certified Payrolls under “Resident Engineer’s Role” in Section 16.9 of this Chapter: Employment Practice: Labor Compliance, EEO, DBE. • If the DBE firm is a materials supplier, request the contractor provide documents such as delivery confirmation reports and canceled payment checks to confirm the DBE supplied the materials.
• If the trucking is part of the contractor’s DBE commitment, identify trucking firms and drivers and associated items of work for each trucking firm on daily inspection reports. In addition, ensure the contractor submits Exhibit 16-Z1: Monthly DBE Trucking Verification by the 15th of the month for the previous month’s trucking activities. If the prime contractor fails to submit the form, hold an administrative deduction for missing documents on the progress pay estimate. Randomly confirm the information on these forms by requesting copies of weighmaster certificates and canceled payment checks from the contractor. Cross-check the information against daily inspection reports as
well.
• Do not pay for work unless it is performed or supplied by the DBE listed on the DBE Commitment form, unless a replacement was authorized prior to performance of the 195
work. For information on the substitution process, refer to LAPM Chapter 9 (Section

9.8: Termination and
Replacement of DBE Subcontractors).
• Review CUF evaluation forms, LAPM 9-J and LAPM 9-K, submitted by the prime contractor per LAPM Chapter 9, Section 9.7.
• Verify the accuracy of
data provided by the prime contractor for CUF non-
compliance.

If a DBE fails to perform a CUF, the LPA must take actions to enforce the contract. These actions can i
nclude:
• Deny or limit credit towards the contract DBE goal
• Require the prime c
ontractor to terminate and replace the DBE to meet the goal on remaining work in accordance with LAPM
Chapter 9, Section 9.8
• Withhold progress payments
For additional
information on CUF and failure to comply go to the USDOT website https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise and FHWA website Federal-Aid Essentials for Local Public Agencies.

Activity 5: Ensure Running Tally of Actual Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects that are awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor or consultant must now submit Exhibit 9-P to the LPA administering the contract.

If the prime contractor or consultant does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

Activity 6: Ensure Prompt Payments to DBEs
If contractor fails to promptly pay DBE firms or other subcontractors within 7 days of receiving a progress payment relating to that subcontractor's work notify your Labor Compliance Officer and take a performance failure withhold and do not release retainage owed to the prime contractor until corrected.

After the Work
Activity 7: Ensure Submittal of Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change
This form notifies the LPA if a DBE becomes decertified or a business entity becomes certified as a DBE before completing its work. The contractor must submit this form even if there were no changes in DBE certification.
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Acti
vity 8: Obtain and Verify the Accuracy of Exhibit 17-F: Final Report – Utilization of DBEs Be sure the contractor submits the Final Report. If the form is not submitted within 90 days of contract acceptance withhold $10,000 on the next progress pay estimate per the federal requirements. Release the money only upon submission of the completed form. Confirm the form is complete and correct. The description of the work performed, the company performing the work, and the date the work was completed can be checked using the contract records. The contractor is to list the actual dollar amount paid to each entity and the date of the final payment to the entity. If actual DBE utilization (or item of work) was different than that approved at award, the contractor must provide an explanation. Examples of items the contractor would need to explain in writing includes why the names of subcontractors, work items, or dollar figures do not match the contractor’s initial plan.

Activity 9: Compare the Final Report – Utilization of DBE to the DBE Commitment Form Compare the contractor’s original dollar commitment with the amount shown on the final DBE report. Review the contractor’s calculations to verify the appropriate amount is credited for participation of DBE suppliers and truckers. Table 16-1 lists the criteria for crediting DBE supplier and trucker participation.

Activity 10: Withhold Payment if DBE Commitments were not met If the contractor does not meet the DBE commitment, hold only the amount of contract funds necessary to meet the original DBE contract goal. If the contractor does not attain the original goal for reasons beyond their control, then no funds should be withheld. Examples of issues beyond the contractor’s control are: if a change order eliminates a portion of an item originally designated to be performed by a DBE, or if the Engineer’s Estimate overestimated the work shown on the plans. The subcontractor refusing to show up or not coordinating with the Prime contractor’s schedule does not qualify as “beyond the contractor’s control,” as the contractor should have requested a substitution. If there is a change order, then the contract goal applies to the change order as well as the original contract. The Prime Contractor must make GFE to obtain additional work for the DBE participation. If no issues with the final utilization reports are identified, sign the final report.

For federally-funded contracts, the signature of the RE provides written certification of DBE participation through onsite monitoring and record review activities. For additional information regarding DBE enforcement, replacements, violations, and penalties see Section 16.7: Subcontractors for more information pertaining to Approval of Subcontractors Prior to Starting Subcontracted Work.

Consult with your DBE liaison officer for questions on implementing enforcement activities.

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Tab
le 16-1: Disadvantaged Business Enterprise (DBE) Materials and Transportation If the DBE is a … And if the DBE … The credit toward the DBE goal is …
Supplier

manufactured the materials*

100%

acts as a regular dealer*
(including bulk materials)

60%

is neither a manufacturer nor a
regular dealer

reasonable fees or
commissions for the
procurement and
delivery
Trucking
Company

uses trucks it owns, insures and
operates using drivers it employs

100%

uses trucks leased from another DBE
firm, including owner-operator who is
a certified DBE**

100%

uses trucks leased from a non-DBE
firm, as long as the DBE firm uses its
own drivers

100%
Note: the determination above be made on a contract-by-contract basis. * 49 CFR 26.55 (d)(6) defines manufacturer and regular dealer. ** A lease must indicate the DBE has exclusive use of and control over the truck. The leased truck may work for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use. The lease must be long term and not for the specific project.

16.10 Change Order (CO)
Introduction
A change order (CO) is a legally binding document used to make changes to the original construction contract. COs are negotiated agreements with the contractor that affect the cost, time, design, or specification requirements, or a combination of the four.

The authority for LPAs to make changes to a contract is described in Section 4-1.05: Changes and Extra Work of the CTSS and in Section 3: Changes in Work of the Greenbook.

Any change to the approved plans or specifications, or the addition of work, must be covered by a change order. In addition, change orders are used for administrative purposes. The following are some of the reasons for writing change orders:
• To change contract plans, specifications, or both
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• To describe the work and method of payment for work stipulated in the contract to be paid as extra work
• To describe the work and method of payment for unforeseen work to be paid as extra work
• To authorize a supplemental change order (an increase in extra work funds necessary to complete a previously authorized change order)
• To make payment adjustments
• To implement a value engineering change proposal (refer to Section 4-1.07 of the CTSS)
• To clarify terms of the contract
• To resolve disputes or potential claims
The RE usually determines the need for and initiates a change order. However, the contractor, other LPA units, outside LPAs, or individuals may request changes. If the CO is requested by the contractor, indicate Change Order Requested by Contractor on the Change Order. For changes requested by any person except the contractor, indicate Change Requested by Engineer.

Preliminary Considerations
When preparing to write a CO, consider the following:
• Is the proposed change order necessary to complete the work as contemplated at the time the plans and specifications were approved?
• Is the proposed work already covered in the contract? • What is the overall impact on the planned work?
• Will the proposed change order affect or change the contractor’s planned method of performing the work?
• Will the ordered change cause a work-character change? • Will the contract time be affected?
• What are the impacts of adjusting contract time?
• What methods of payment should be used?
• Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to prevent delays?
• Does the proposed change adhere to the approved environmental document, existing permit conditions, utility obligations, and right-of-way agreements?

Any change in environmental mitigation commitments, permit conditions, agreements with resource LPAs, or the introduction of new social, environmental, or economic issues that need to be addressed under applicable federal, state, or local law should be referred to Caltrans District Local Assistance for further action. Changes in s cope for ATP projects must be approved by Caltrans/CTC.

To avoid misunderstanding and to obtain full agreement, discuss with the contractor all elements
of a change, including the method of compensation and the effect on time. Failure to identify elements requiring consideration may lead to protests. 199
Change Order Prior Authorizations
The LPA may make changes to a project and add extra work under Section 4-1.05: Changes and Extra Work of the Caltrans Standard Specifications and Section 2-7:Changes Initiated by the Agency of the Standard Specifications for Public Works Construction (Greenbook). The RE describes the change and extra work, the payment basis, and any time adjustment in a change order. The standard specifications further allow the resident engineer to order the contractor to start work before a change order is approved. This is done using a written authorization to proceed.

LPAs should have procedures for prior authorizations to proceed for those instances when change order work must begin before a change order is executed.

To ensure prompt payment for ordered extra work, the RE must reserve and advise the contractor of the change order number upon issuing an authorization to proceed for extra work.

This will allow the contractor to submit change order bills while the change order is being processed. When prior authorizations are granted, the full change order must be immediately written and submitted to the contractor within 7 working days of the date of authorization to proceed.

The change order (extra work) bills must not be paid until the change order is fully
executed and funded.

Change Order Documents
For each change order, the following documents must be prepared:
• The change order
• A memorandum explaining and justifying the change order For many change orders, the following documents must also be prepared:
• PE stamped, signed, and dated revised plan sheets and Specifications • Cost estimate calculations performed by the LPA, not the Contractor, supporting any agreed prices
• A time impact analysis justifying any time extensions Writing the Change Order
The CO must be clear, concise, and explicit. If you have properly written the change order, an auditor should be able to understand what work was performed without further explanation from the LPA’s staff. When appropriate, it must include the following:
a. Description of the Work to be Done
The change order must clearly describe added work or other changes to the contract.

Include appropriate references to special provisions, contract plans, standard plans, or standard specifications. Decide whether a written statement clearly defines the proposed change or if plans or drawings need to be included.

On plans attached to a CO, show pertinent dimensions and the scale, or label the plans not to scale. When using existing plan sheets, clearly show the difference between the proposed (change order) work and the planned (original work). A simple sketch on a letter-sized sheet is adequate for some change orders.
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Section 6735: Preparation, Signing, And Sealing of Civil Engineering Documents of the Professional Engineers Act requires all civil engineering plans and specifications that are permitted or that are to be released for construction must bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports must bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping.

Plans or specifications attached to a proposed CO must meet this requirement, with the exception that a licensed civil engineer does not need to sign revisions already covered by standard plans, standard specifications, standard special provisions, previously engineered drawings, or minor changes not requiring calculations or determinations by a licensed engineer.

The contractor normally chooses the means and method of performing extra work.

However, if the method of payment is force account (time and materials), the method of work is subject to the RE’s approval for labor, equipment, and materials. If for any reason the engineer wants to control the means method of performing the work, the method must be specified in the change order.
b. Location and Limits of the Work
Be as specific as possible when describing the location and limits of the work. If available, use stations, off-sets, and depths, as applicable. On smaller jobs without stations, use Post Miles, intersections, street addresses, or other identifying features that unambiguously defines the limits.
c. Applicable Specification Changes and References to Specifications The specifications for bid item work already included in the contract will apply to added bid item work. You do not need to repeat or reference specifications for added work that is clearly shown to be bid item work. Include directly or by reference, the specifications for extra work paid for at an agreed price or at force account. The contractor must complete this extra work exactly as it is specified in the CO. d. Method and Amount of Payment
When writing a change order, the RE often can choose the payment method for added or changed work. In other instances, for example, Section 12-1.03: Flagging Costs of the CTSS, the method of payment is specified. The following lists, in order of preference, the payment methods to be used when no method is specified:

Method 1: Increases and Decreases in Bid Items at Bid Item Unit Prices When paying for changes in planned work or for adding or reducing work, the RE will estimate the increases or decreases that will result from changed work initiated by the change order. The actual quantity paid for each bid item will be determined by the method specified for measuring each bid item quantity. Using existing bid items at bid prices preserves the integrity of the open and competitive process.

Increases and decreases (or estimated increases or decreases) in bid items at contract prices may be executed with the contractor’s agreement or unilaterally, if necessary.

Method 2: Bid Item Unit Prices with a Payment Adjustment The second method the RE must consider to pay for changes is the use of the bid items at bid prices plus a payment adjustment. A payment adjustment is a monetary increase 201
or decrease applied to the unit price. Payment adjustments are most commonly used for work character changes and item quantity increases or decreases of more than 25%.

Payment Adjustments for Increased or Decreased Quantities When a bid item quantity varies by more than 25%, determine the payment adjustment to the bid item unit price following Section 9-1.06: Changed Quantity Adjustments of the CTSS. The adjustment is the difference between the unit price and the unit cost of the total item pay quantity. For decreases, the department does not pay more than 75% of the bid item list.

Unless requested in writing by the contractor, do not adjust a bid item when the total pay quantity is less than 75% of the bid item list. You also do not need to adjust, unless requested in writing by the contractor, if the value based on the contract price for the units of work in excess of 125% is less than $5,000. When required, make payment adjustments for increased or decreased quantities as soon as the contractor completes work on a bid item. If a contract item quantity overruns in excess of 125% of the original quantity and the RE decides or chooses not to adjust the contract unit price, documentation (usually in the form of a Memo to File) must be contained in the project’s (Change Order) file to explain why.

Payment Adjustments for Work-Character Change
Before work can be considered a work-character change, an ordered change to the plans or specifications must occur. If such an ordered change materially increases or decreases the unit cost of a bid item, then a work-character change has occurred. Do not eliminate a bid item and pay for the work at agreed price or force account unless the change is so extensive that the original item no longer applies. A payment adjustment providing for increased or decreased costs due to the work-character change allows the contract price to remain unchanged. The goal is to make a payment adjustment for the costs resulting solely from the change, while avoiding unfairly eliminating the contractor’s profit in the original bid item, or paying for additional costs resulting from a contractor’s bad bid price or from price escalations.

Additional information regarding payment adjustments, including other types of adjustments and how to calculate a payment adjustment, can be found in the Caltrans Standard Specifications (CTSS) and the Construction Manual (CTCM) at the following locations:
• Section 9-1.15: Work-Character Changes, CTSS
• Section 9-1.06: Changed Quantity Payment Adjustments, CTSS • Section 3-403A: Work-Character Changes, CTCM
• Section 3-904C: Work-Character Changes, CTCM
• Section 5-306C (2): Payment Adjustments, CTCM
Method 3: Extra Work at Agreed Prices (Unit or Lump Sum) Pay for extra work at agreed prices under the following conditions:
• When no contract item or combination of items exist that apply to the changed or added work
• When the change is so extensive that the original item no longer applies 202
Agreed prices may be unit or lump sum. When writing the change order, agreed unit prices can be applied to an estimated number of units. Although the unit price remains fixed, the number of units paid may vary from the estimated number shown on the change order as determined by the actual work performed. Use agreed unit price when the quantity to be performed cannot be determined precisely such as, AC dike, traffic striped, HMA, etc.

Determining and Justifying the Agreed Price
After the extent of extra work has been determined, do the following:
• Perform, independent of the contractor, a force account cost estimate, including markups to determine a proposed agreed price.
• Request the contractor submit a proposed agreed price. • Analyze the contractor’s price for any errors or omissions and compare your cost estimate to the contractor’s.
• If your force account analysis supports the price proposed by the contractor, write and process the change order.
• If your estimate does not support the contractor’s proposed price discuss how and why your estimates differ. If you cannot come to an agreement, perform the work at force account.

It is not sufficient to just review a contractor’s proposed price and decide it is reasonable without performing your own independent cost estimate calculations.

Documenting an Agreed Price
File with the contract records any calculations and supporting documentation used to determine agreed prices for extra work payment. If an initial discrepancy exists between the LPA’s independent estimate and the contractor’s proposal, be sure to document (in the Change Order file) the steps, iterations, and negotiations that resulted in the final agreed price. Documentation could include emails and/or revisions to the LPA’s independent estimate to support the agreed price dollar amount shown on the CO.

Be sure all calculation pages are signed and dated by the person performing the calculations and the person checking the calculations. These calculations are subject to audit and must be in such a form that they clearly substantiate and justify the amount paid for extra work. Loss of federal funding for the CO can occur if the LPA has not fully justified and documented any agreed prices.

In some instances, LPAs wish to use historical data, rather than force account calculations to support agreed prices; this must be done cautiously. The historical data must come from multiple sources and represent recent, like work, including similar quantities and constraints. A bid price for installing 100 units is unlikely to be representative of the cost to install 10,000 units of the same work. Similarly, the bid price to perform nighttime highway work is not reflective of the cost to perform the same work during the day on an urban arterial. Finding multiple recent sources that accurately represent like work is difficult. For this reason, the force account method is recommended.

When an agreed price is to be used to pay for extra work, the RE and the contractor must agree on compensation prior to performing the work. If there is no time to fully execute the change order before performing the work, be sure the agreement is 203
documented in your written authorization to start the work. The contractor must execute the change order before payment can be made. Do not unilaterally process a change order that uses the agreed price method of payment.

Method 4: Extra Work at Force Account
Pay for extra work using the force account method under the following conditions:
• When methods one and two above cannot be used
• When the work cannot be estimated within reasonable limits of accuracy • When the RE and the contractor are unable to agree on a unit or lump sum price for the work
• When the contractor refuses to sign a change order
Additional information regarding paying for extra work at force account can be found in Section 3-9: Payment of the CTCM and your contract specifications. e. Any Adjustment to Time of Contract Completion
When change order work modifies the critical path and scheduled completion date of the accepted schedule, a time adjustment is warranted. A change order may specify a positive, negative, or no adjustment to contract time. If the controlling operation is unaffected, an extension of the contract time is not warranted.

Whenever you can estimate an adjustment to time with reasonable accuracy, try to reach an agreement with the contractor. Enter the amount of the time adjustment on the change order (including when there is no adjustment). Regardless of the amount of time actually required to perform the changed work, the agreed adjustment becomes binding on both parties.

Determining a Time Adjustment
For smaller projects request a revised schedule from the contractor to evaluate effects on the completion date. For larger projects, the contractor submits a time impact analysis (TIA) to the RE with each time adjustment request. A TIA illustrates the impact of each change on the scheduled completion date. Review the TIA for logic and duration impacts to determine the time adjustment, or construct an independent TIA to determine the time adjustment. See Section 8-1.02D (8) of the CTSS regarding TIAs.

File the calculations and other data used to determine any adjustments to time with the contract records.

Failure to justify and document a contract time adjustment can result in loss of federal funding.

Deferring a Time Adjustment
If you cannot determine or agree on an adjustment of time in the initial change order, you may defer the adjustment. When doing so, write deferred on the time adjustment line and include a time adjustment deferred clause in the change order. As soon as the change order work is completed, determine the appropriate time adjustment. Include the specific dates in the change order. If you cannot reach agreement with the contractor, issue a unilaterally approved supplemental change order adjusting time. Your objective is to resolve deferred time adjustments as soon possible. Timely resolution of time 204
deferments allows the contractor to efficiently schedule remaining work to complete the project within the time limits.

The RE may not unilaterally decrease time unless this is permitted by the specifications.

Otherwise, the contractor must agree to changes that reduce time. Without this agreement, you can do one of two things:

1. Do not recommend approval of the change if no benefit exists for the LPA.

2. If substantial benefits exist for the LPA, issue a unilaterally approved change order with no time adjustment.

For additional discussion of time of completion and adjustments to time, refer to Section 3-804:

Time and Section 5-306D: Adjustments to Time of Completion of the CTCM.

Change Order Format
The intent is that the change order clearly specifies the work paid for by each payment method.

The following describes the format:

• Describe the work or change that will cause increases and decreases to bid item quantities.
• Show the increases and decreases in bid item quantities. Include the percent change from the original quantity in the bid item list resulting from this change.

Also, show the accumulated percent change to the original quantity in the bid item list resulting from all change orders to date.
• Include clauses regarding deferred or actual payment adjustments for overrun or under run situations resulting from actual or estimated increases or decreases in bid item quantities.
• Include clauses for adjustments or deferred payment adjustments due to any cause. Describe the work or change causing the adjustment or deferred adjustment. Show the amounts of adjustments if not deferred. • Describe work to be paid as extra work at agreed price. Show the price as agreed.

Agreed prices may be fixed unit prices and an estimated or actual number of units, or agreed prices may be fixed lump sums.
• Describe the work to be paid for as extra work at force account. Show the estimated cost of the extra work.
• Be sure to reference any attached drawings or documents (sheets __ and __ of ___). • Show any time adjustment: + ___ days, -- ___ days, no time adjustment, or deferred time adjustment.
• Include time deferment or time adjustment clauses.

Example change orders can be found in Section 5-315 of the CTCM. The examples follow a generally accepted format for writing change orders.

Change Order Memorandum
A change order memorandum is a one or two-page document that explains and justifies the change. While a change order answers the questions of what, where, how, and for how much, think of the memorandum as answering the question of why. If you have properly written the 205
memorandum, an auditor should be able to understand the reasons for the work and the reasonableness of the compensation and time adjustments, without help from LPA staff.

The memorandum is intended for interagency use only. Do not send the memorandum to the contractor.

Include the following in the memorandum:
• In a few sentences, briefly state what the change order provides. Supplemental change orders should also include a description of the original change order. Do not repeat everything on the change order.
• Explain the need for the change, including the contractual basis of the change. When another unit or another LPA requests a change, the correspondence requesting the change should also justify the need for the change. Attach supporting letters to the memorandum.
• State the reasons a particular method of payment was chosen. Include a complete cost analysis, or state that the cost analysis is on file with the project records. State the method used in making the cost analysis.
• If the ordered change causes any work character change, explain the reasons. To substantiate any adjustment in compensation due, you may need to provide a summary of events leading up to the change.
• State the extent of coordination and concurrence with others: other units, LPAs, Caltrans, etc. if applicable.
• If prior approval of the change order has been obtained, state the name of the person who granted prior approval and the date.
• For a change order that is to be unilaterally approved, explain why the contractor will not sign or why the contractor’s signature is not required. Attach a copy of any correspondence from the contractor regarding the change order. • Include justification for a time adjustment. Describe the method used to determine the time adjustment. State the controlling activity during the delay period.

Whenever possible, and when resolving a previously deferred time adjustment, indicate the specific working days that experienced delay and represent the period of the time adjustment.

By indicating the specific working days, you ensure other time adjustments do not cover the same time period. Specify if any portions of the work are nonparticipating (see LAPM Chapter 3:

Project Authorization for more details regarding nonparticipating work).

Help Writing Change Orders and Change Order Memorandum
Examples of change orders and memorandums, as well as useful clauses can be found at the following websites:
• Change Order Standard Clauses
https://dot.ca.gov/programs/construction/change-order-infor mation/change-order- standard-clauses
• Change Order Examples
https://dot.ca.gov/programs/construction/change-order-infor mation/change-order- examples
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Use these cookbook examples and standard clauses cautiously. The examples are for guidance and general format suggestion only. For instance, the examples contain assumptions that may or may not fit actual project situations. Also, the standard specifications and special provisions in use at the time the examples were written are the basis for the example change orders.

Do not assume that your project uses the same specifications. Base change orders on specifications in your contract. The Change Order chapter of the Caltrans Construction Manual can be found at https://dot.ca.gov/-/media/do t-media/programs/construction/documents/policies- procedures-publications/construction-manual/sec5-3.pdf.

Participating and Nonparticipating: Federal-Aid Segregation Determination on Change Orders
For a CO, the RE must identify and segregate the funds required from each source. CO work that is eligible for federal-aid reimbursement is often called participating. A CO may be declared:
• Participating
• Participating in part
• Nonparticipating
In general, most changes are participating provided they are necessary to complete the project as originally contemplated at the time the plans and specifications were approved. A CO is participating in part when some of the work in the CO is eligible for reimbursement and some is not.

Following are some items which often are deemed nonparticipating:
• Work done prior to authorization of federal funds
• Work beyond the scope of work included in the project environmental document • Work outside project limits as defined in the project authorization document • Utility work that is not a result or purpose of the road or bridge work • Payment for work done by an unapproved subcontractor
• Plant establishment periods of over three (3) years
• Adjustment of private facilities (signs, fences, sprinklers, etc.) unless included in a right-of-way (R/W) agreement or permit
• Work not on a properly designated route
• R/W obligation not programmed
• R/W obligation already compensated
• Work chargeable to other programs
• Maintenance work (except Demonstration Programs)
• Work not in accordance with approved specifications unless quality is not reduced • Non-highway related work
• Work outside of LPA rules or limits
• Work done for COs which exceeds the authorized amount of federal funds 207
• Work over and above amount programmed
• Deviations from design standards
• Nonconforming materials
• Equipment rental rates in excess of those in the Equipment Rental Rate book • Excessively expensive treatments that do not appear to be in the public interest LPAs are strongly advised to contact their District Local Assistance Office to discuss the issue of participating vs. non-participating on proposed change orders. Federal requirements cannot be circumvented by classifying work as non-participating. For example, the LPA cannot avoid the requirements of the Buy America regulations by declaring the steel or iron products in a project non-participating. All questions regarding work eligibility for federal-aid reimbursement can be directed to the DLAE for guidance.

Other Issues
Quantity Balancing Change Orders
Several LPAs, at or toward the end of a project, like to write a balancing change order, whereby all items for which the actual quantity placed differed from the original bid estimate quantity are captured and tabulated in a change order document. This is more of an accounting mechanism that enables the LPA to accurately update their contingency balance on the project. As such, a balancing change order is not required, but is permissible.

Materials Delays
The contractor is responsible for the timely order and delivery of materials for the project. A delay in delivery of materials does not in itself generally support an extension of contract time.

However, if an unusual market condition (i.e., an industry-wide strike, natural disaster, or area- wide shortage) occurs, a time extension may be in order.

Right of Way Delays
The FHWA policy generally does not permit participation in time extensions for delays due to the Right of Way Certification required from the LPAs prior to the FHWA project authorization.

Whenever the railroad or utility is permitted to adjust its facilities coincidentally with contract operations, such activities must be clearly addressed in the contract provisions. All parties should understand that any interference by the railroad or utility to the contractor’s operations generally will not constitute an allowable delay. In general, an extension of contract time due to R/W delays is very unusual and is the exception rather than the rule. For federal-aid eligibility of an extension, it must be shown that:
• The construction work was delayed by the R/W, railroad, or utility difficulty. • The contractor did everything required by the contract to minimize the delay. • The LPA was unable to exercise effective control of the situation despite its best efforts.

Process reviews should be conducted by the COE’s and the DLAE periodically to monitor approved change orders. If change orders are found to be ineligible during a process review, federal funds paid for the change order should be withdrawn from the project.

Equipment Rental Rates
Federal policy requires that actual costs be used to determine extra work payments; however, actual equipment costs are not always readily available. A state subject to the FHWA’s 208
concurrence, may adopt an industry equipment rate guide or it may develop its own guide. In California, the guide is the Caltrans Labor Surcharge and Equipment Rental Rates book.

Overtime, multiple shift, and delay factors apply to these rates as detailed in the guide.

Equipment rental rates paid in excess of those shown in the guide are not eligible for federal-aid reimbursement.

16.11 Quality Assurance Program
Introduction
A Quality Assurance Program (QAP) is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a QAP are an acceptance program and an independent assurance program.

For federal construction projects, each LPA is required to adopt a QAP. Caltrans will not process a Request for Authorization for Construction without verification of an adopted QAP.

The QAP must be signed by the LPA public works director or, if the director is not registered, it must be delegated to the next highest registered Engineer. The QAP must be updated at least every five years. Copies of the approved QAP must be kept on file and available for state review.

The LPA is required to adhere to their QAP during the construction of the project, but a QAP is not part of the contract. A QAP can be thought of as a commitment by the LPA to FHWA.

A typical QAP is structured as shown below:
1) General Discussion
2) Variations for Projects on or off the SHS
3) Materials Acceptance Program
a) Minimum Sampling and Testing Frequency Requirements
b) Sample Testing Results Summary Log
c) Materials Accepted by a Certificate of Compliance per the Contract Specifications d) Source Inspection Process
4) Independent Assurance (IA) Program
a) Tester Certification Process
b) Laboratory Qualification Process
c) Equipment Calibration Process
5) Materials Certification Process for completed project Variations for Projects On or Off the SHS
The requirements of a QAP depend on whether the project is on or off the SHS.

For projects on the SHS, the LPA must adopt the Caltrans QAP detailed in the following manuals and guides:
• Caltrans Construction Manual
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• Construction Manual Supplement for Local Agency REs
• Local Agency Structure Representative Guidelines
• Independent Assurance Manual
In addition, the current Caltrans Standard Specifications (CTSS) and Plans must be part of the Plans, Specifications and Estimate (PS&E). Test methods used must be as specified in the CTSS and special provisions.

For projects off the SHS, LPAs may adopt the Caltrans QAP described above or may develop their own QAP conforming with the requirements of the QAP Manual and FHWA regulations.

For projects off the SHS and on the NHS, the LPA must use the current Caltrans or Greenbook Standard Plans and Specifications. Tests methods used may be either CTM, ASTM, AASHTO, or other nationally recognized test methods, but must be specified in the contract documents.

Consult the Quality Assurance Program Manual for complete information on developing and maintaining a QAP. A template for LPAs developing their own QAP can be found in Appendix Y of the QAP manual, or an alternative can be provided by your district Local Assistance Office.

Materials Acceptance Program
The QAP for all LPA projects must include a materials acceptance program. A materials acceptance program must be used to determine the quality and acceptability of materials and workmanship incorporated into the project. The program must address soils and aggregates, and manufactured and fabricated materials.

Acceptance of Unprocessed and Processed Soils and Aggregates The acceptance of processed and unprocessed soils and aggregates includes verification sampling, testing, and inspection, and, in special cases, may include the results of quality control sampling and testing. Examples of unprocessed materials include sand, rip rap, subgrade, and embankment and backfill materials. Examples of processed materials include aggregates, bases, PCC, and HMA. The contract and the QAP combine to ensure the quality of the soils and aggregates entering the project.

Generally, the contract will specify what criteria the material must meet, and what test method will be used to determine if the material met or failed the criteria; the QAP will specify the minimum number of samples to be taken and tests to be performed to ensure the material has met the criteria, and where the material will be sampled. Sometimes, the contract documents will specify the frequency and location of the sampling and testing, overriding the QAP.

Responsibilities of the RE
It is important that the RE read each contract and not assume a new contract has the same specifications as the last contract. The RE must ensure the correct criteria is used to determine if the material passed or failed. The passing criteria is found in the contract specifications, but in some cases, the specifications allow the contractor to submit mix designs which establish the criteria. For example, the contractor is allowed to submit gradation target values (TV) for HMA mix designs and chose X factors for concrete mix designs. Be sure mix designs are approved prior to work and that the lab and inspectors have been provided a copy of the approved mix design.

The RE must ensure the correct test method is used as specified in the contract. Verification and quality control testing must be performed in accordance with a recognized testing standard.

While California Test Methods, the American Society for Testing and Materials (ASTM), and the 210
American Association of State Highway and Transportation Officials (AASHTO) test methods are all acceptable test methods on LPA projects, the test method to be used must be specified in the contract documents at bid time. The RE or lab cannot change the test method during the project without first writing a CO and providing justification. The RE must ensure the correct version of the test method is used. When the specifications reference a test method by number, it indicates the test in effect on the date of the Notice to Bidders. This means the test methods for each project are fixed and are not necessarily the latest revisions.

The California Test Methods are published on the Internet at:
http://www.dot.ca.gov/hq/esc/ctms/index.html

ASTM Test Methods are available at the following Internet address:
http://www.astm.org

AASHTO Test Methods are available at the following Internet address:
http://www.transportation.org
The RE must ensure that field personnel who perform tests for compliance with the specifications are certified to conduct the test method indicated by the contract. This is discussed further under Independent Assurance Program.

Testing and Sampling Frequency Tables
The RE must also ensure the minimum number of samples are taken and tests are performed as required by the adopted QAP’s Testing and Sampling Frequency Table. Often a QAP will call for taking more samples than are used to perform tests. This is beneficial in the case of failing results. The RE can then go back and test additional samples to determine the exact limits of the failing material.

Test Data and Summary Logs
The RE must obtain test data and results from the lab in a timely manner and keep records of all samples and tests in the project files. The RE must keep a test results summary log for each test method performed more than once. Use Exhibit 16-Z2: Acc eptance Testing Results Summary Log or a similar form. On larger projects, it may be necessary to keep mul tiple logs for the same test method, broken out by salient features such as compaction tests performed on the roadway structural section on one log, and those performed on structural backfill on a separate log. The use of a summary log facilitates the review of material sampling and testing by Caltrans and FHWA reviewing personnel, and assists the RE in tracking the frequency of testing.

Failing Test
Whenever failing tests occur, sufficient additional acceptance tests must be taken to isolate the affected work. Documentation of the results of such additional tests must be included in the records, including a description of the corrective measures taken. Corrective action or retesting of failing tests must be noted in the remarks column of the test summary log. Documentation of the reason that materials represented by failing tests were incorporated into the project must be in the project files.

Mix Design Approval and Checking
Mix designs must be submitted by the Contractor and include the name of the material plant, the product name, a mix design ID number, and item of work in which it is to be used. The RE must review and approve the mix design in writing. A copy of the approved mix design must be placed in the files. Field inspectors must verify that the mix delivered to the job site matches the 211
approved mix design. The inspector must place a check mark adjacent to the mix ID shown on the weigh tag and initial the tag. Tags are to be collected at the point of delivery to the jobsite.

Acceptance of Minor Quantities of Materials without Testing If stated in the LPA’s QAP, relatively minor quantities of construction materials may be accepted without testing provided the following 3 conditions are met:

1. Visual examination of the material is performed.

2. The manufacturer or supplier has recently furnished similar materials found to be satisfactory using normal sampling and testing requirements.

3. The manufacturer (or supplier in the case of HMA or concrete) provides certification that the material furnished complies with the contract specifications.

The following list suggests approximate maximum quantities of materials that may be accepted under the conditions indicated above:
• Aggregates other than for use in Portland Cement Concrete; not to exceed 100 tons per day nor more than 500 tons per project
• Bituminous mixtures (includes HMA); not to exceed 50 tons per day (sample at Engineer’s discretion if project total is less than 500 tons) • Bituminous material (includes Asphalt); not to exceed 100 gallons per project Acceptance of Manufactured or Fabricated Materials
The acceptance of manufactured and fabricated materials is most frequently based on one of the following 3 methods:

Source Inspection
Source inspection is the inspection, sampling, and testing of manufactured and prefabricated materials at locations other than the job site. It is most commonly performed on materials involving structural integrity or safety to the public, such as precast pre-stressed concrete members, structural steel, and poles for electrical systems. The purpose is to ensure that structural materials comply with contract requirements regarding raw materials, fabrication processes, personnel certification, and in-process quality control testing.

The LPA determines which materials will be source inspected. For a list of manufactured or prefabricated materials that are commonly source inspected for Caltrans projects, see Table 6-

2.1, Inspection of Fabricated and Manufactured Materials of the Caltrans Construction Manual.

Resources to assist in the development of a Source Inspection Program can be found at:
https://mets.dot.ca.gov/manuals/SIGLA/.

Source inspection is performed by the LPA or a qualified consultant. Caltrans no longer provides source inspection services for projects off the SHS. Caltrans may provide source inspection for projects on the SHS if terms are detailed in a cooperative agreement or encroachment permit. For more details on the inspection procedures, refer to Section 6-3: “Field Tests” of the Caltrans Construction Manual and the Office of Structural Materials Practices and Procedures (OSMPP) manual.

Due to the costs incurred when traveling to inspect materials sourced far from the job site, Secti
on 6-3.05B: Source Inspection Expense Deductions of the CTSS provides the details for deductions to be taken when applicable.
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Verification at the source of fabrication does not guarantee acceptance at the job site. Table 6-

2.1 referenced above also includes items that must be checked or rechecked at the job site to ensure that the materials are acceptable. The RE must inspect the material upon arrival to be sure it meets the requirements of the specifications and is undamaged by shipping and handling. The RE must obtain and file the source inspectors report.

Materials Accepted on the Basis of Authorized Materials List The CTSS identifies some materials that must be on an authorized materials list. The list is available at: https://dot.ca.gov/programs/engineering-services/authorized-materials-lists. For contracts using the CTSS, the RE must verify the materials furnished are shown on the appropriate authorized materials list before the material is used on the project. Materials shown on the authorized materials list may also require a certificate of compliance or sampling and testing for acceptance.

Materials Accepted by Certificate of Compliance
The LPA may permit the use of certain manufactured products, materials, or assemblies accompanied by a Certificate of Compliance (COC) prior to sampling and testing, provided these products, materials, or assemblies do not involve structural integrity or safety to the public. Additionally, these items must have a history of having met specifications based upon previous sampling and testing. The manufacturer of the products, materials, or assemblies must sign the COC and state that the included materials and workmanship conform in all respects to the project specifications. The contract documents must specify which materials require the Contractor to submit a COC. The RE is responsible for ensuring that a COC is furnished with each lot of these materials delivered to the work site. Exhibit 16-T1: Mat erials Requiring a
Certificate of Compliance Per the Caltrans Standards Specifications and Exhibit 16-T2:

Materials Requiring a Certificate of Compliance Per the Greenbook are lists of materials for which the contractor must submit a COC per the respective project specifications. The COC must be furnished before the material is incorporated into the work and include:
• Project number
• Cert
ified material lot number matching lot tags affixed or stenciled to the released materials
• Manufacturer’s signature
• A statement that the material complies with the specifications of the contract All materials accepted on the basis of a signed COC must be documented in the inspector’s daily reports. Inspect the material upon arrival to be sure it meets the requirements of the specifications and is undamaged by shipping and handling before accepting. Manufactured products, materials, or assemblies used on the basis of a COC may be sampled again at the job site and tested at any time during the life of the contract. Items found not in conformance with contract requirements must be rejected whether in place or not.

A COC for each item must be kept in the RE’s file.

Materials Requiring a Buy America Certif
ication
Iron and steel, manufactured products, and construction materials permanently incorporated into the project must comply with Buy America requirements per 23 CFR 635.410 and Section 70914 of the Build America, Buy America (BABA) Act. All steel and iron products must be delivered with a COC stating all manufacturing processes involved in the production of the products occurred within the United States. These processes include:
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• Rolling • Drilling
• Extruding • Coating
• Machining • Welding
• Bending • Smelting
• Grinding
In addition to the COC requirements mentioned earlier in this section, a Buy America COC must also include the mill markings or heat numbers. All manufacturing processes for construction materials as defined in 2 CFR 184.6 must occur in the United States. Contractors must provide certificates of compliance with each project delivery for all construction materials used for the projects. Manufacturer's certificate of compliance must identify where the construction material was manufactured and attest specifically to 2 CFR 184.6. Minor additions of articles, materials, supplies, or binding agents to these construction materials do not change the categorization of the construction material.

The Buy America requirements apply to the entire construction contract if any federal-aid money has been authorized for any phase of the project, not just the construction phase. This policy is applicable to all phases of a project (such as design, environmental, right-of-way, or construction) covered under the National Environmental Policy Act (NEPA) document, regardless of the funding sources. Therefore, the LPA cannot circumvent the Buy America requirement by declaring that the material is being paid for with the non-federal portion of the funding.

Buy America does not apply to temporary materials not permanently incorporated into the project such as temporary steel used in falsework, sheet piling, or shoring. Buy America requirement does not apply to recycled steel nor pig iron and processed, pelletized, and reduced iron ore manufactured outside the United States. A minimal use of foreign iron and steel is allowed provided that the total cost of iron and steel products as delivered to the project site is less than $2,500 or 0.1 percent of the total contract amount, whichever is greater. The LPA must track the amount of incorporated foreign steel and iron as the work proceeds to ensure that the minimal use threshold amount is not exceeded at any point in the contract. Once the cumulative value reaches the minimum threshold limit, then all additional installed materials must be of domestic origin. Supporting documentation for this minimal use must be on file in the project records (i.e., invoices, including the cost of transportation).

After-the-fact discoveries of non-domestic materials incorporated in the project are not considered Buy America waivers. The LPA’s failure to comply with Buy America provisions will result in the loss of federal funding for not only the applicable contract items, but likely will result in the loss of all federal funding authorized for the construction phase of the project. In the event an after-the-fact discovery occurs, the LPA must expeditiously inform their DLAE, who will coordinate with FHWA to determine the appropriate resolution.

Material QA Costs
Material inspection, testing and sampling costs are eligible to be charged to the construction engineering phase of the project.

LPAs using the Greenbook (as outlined in Section 4-1.3.3) can select a consultant laboratory to sample and test materials at distant locations. This specification allows for the agency to have the contractor pay for the costs of this service; however, the contractor must not select or exercise authority over the consultant laboratory.
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Independent Assurance (IA) Program
The other main element of a QAP program is the IA program. The following information regarding IA programs is directed to REs and construction management staff implementing the QAP during project construction. QAP developers and laboratory managers are directed to the QAP Manual and the Independent Assurance Manual for more detailed information on developing and maintaining an Independent Assurance Program.

The IA program consists of activities that are unbiased and are an independent evaluation of all the sampling and testing procedures used in the acceptance program. The requirements are defined in 23 CFR 637:
• Testing equipment be evaluated by using calibration checks and proficiency samples • Testing personnel be evaluated by observation and proficiency samples It is often said that an acceptance program tests the material, while an IA program tests the testers.

Responsibilities of the RE
During project construction, the RE must verify that the IA program is being executed by performing the following tasks:
• Obtaining Certifications of all Sampling and Testing Personnel • Obtaining Qualifications of all laboratories
• Verifying equipment is calibrated
Certification of Sampling and Testing Personnel
All samplers and testers, including project, laboratory, and consultant personnel, must possess a current certificate of proficiency for the tests performed. A copy of the certificate must be in the project files. It is important that samplers as well as testers are certified to ensure the integrity of the sample and that the sample was taken at the right time, from the right location, using the correct method, and is properly labeled.

The Joint Training and Certification Program (JTCP) was established by Caltrans, LPAs, and industry to make the certification process more efficient and to obtain consistent, reliable quality testing. The JTCP offers training and certification in hot mix asphalt, soils and aggregates, and Portland cement concrete.

For CTMs not covered by the JTCP, Caltrans will still provide certification. When test methods not covered by the JTCP or Caltrans are used, certifications must be obtained from other acceptable organizations such as ACI, or the agency/testing consultant may need to hire a second lab to perform IA. The process for qualifying sampling and testing personnel should be detailed in the LPA’s Independent Assurance Program of the QAP.

IA sampling and testing is not to be used for determining quality and acceptability of material incorporated into the job. Such tests are used only for the purpose of determining the reliability of testing personnel.

Qualification of Laboratory
All laboratories providing testing services for projects located in California must:
• Possess a current certificate of qualification.
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• Be under the responsible engineering management of a California registered Professional Engineer with experience in inspection and testing of construction materials. The Engineer must certify the results of all tests performed by laboratory personnel under his or her supervision.
• Maintain their laboratory testing equipment in accordance with recognized national calibration standards.
• Participate in one or all of the following:
o The AASHTO Materials Reference Laboratory (AMRL)
o The Cement and Concrete Reference Laboratory (CCRL) inspection programs o The Caltrans Reference Sample Program
These proficiency sample testing programs conform to the FHWA requirement that each State Transportation Agency must participate in an approved laboratory inspection and comparative sample testing program.

All laboratories which use Caltrans’ test methods must participate in the Caltrans Reference Sample Program. Upon request, if CTMs are being used, Caltrans Materials Engineers will qualify LPA’s (or consultant’s) laboratories. Caltrans IA staff will issue Form TL-0113: Caltrans Accredited Laboratory Inspection Report valid for one year. Those laboratories which do not use Caltrans test methods must participate in the AMRL and CCRL programs to fulfill proficiency sample testing program requirements.

Equipment Calibration General
The LPA laboratory must calibrate field construction laboratory equipment and portable field test equipment (sand cones, scales, moisture test equipment, slump cones, air meters, etc.) prior to use on construction projects, and re-calibrate as frequently as required. The maximum interval between calibrations is one year. The LPA is responsible for calibration of laboratory testing equipment used for testing on LPA projects, whether or not the equipment is owned by the LPA, a consultant contractor, or sub-contractor. Consultant laboratory-supplied equipment must be calibrated by the consultant or LPA.

Calibration of test equipment must conform to Section 6-3 of the Caltrans Construction Manual.

Two sections in the QAP manual describe the procedures that the IA personnel are to use when calibrating materials testing equipment. Upon proper calibration, a decal must be firmly affixed to each piece of calibrated equipment. Decal type and required information are specified in Appendix B of the Quality Assurance Program Manual. A manufacturer’s or service contractor’s decal is acceptable as long as the above-required information is readily available. Should such decal become unreadable or lost, then the equipment is to be re-calibrated as soon as possible.

Where such equipment either requires repair or cannot be repaired, a timely repair or replacement must be secured.

Equipment Calibration - Nuclear gauge
All LPA’s and/or consultant’s nuclear gauges must be calibrated on National Institute for Standards and Technology (NIST) traceable blocks and have current calibration stickers.

Equipment Calibration - Materials Plants
Plants producing construction materials such as HMA, concrete, cement-treated bases, lean concrete bases, etc. must have a current CEM-4204: Material Plant Quality Program Acceptance Sticker or California Test 109: Method for Testing of Material Production Plants approval. This ensures the accuracy and suitability of the scales and meters used to proportion 216
materials and is important to the uniformity and quality of the material. The Material Plant Quality Program can be found at https://
dot.ca.gov/programs/construction/material-plant-quality- program.

Records
All material records of samples, tests, material releases, and certificates of compliance for a given project must be incorporated into the project file. It is recommended that this file be organized as described in Section 16.3: Maintaining Project Records of this chapter. The complete project file must be available at a single location for inspection by Caltrans and FHWA personnel at any time during the construction project. The file must be available at the LPA administrative office for at least three years following the date of final voucher. When two or more projects are being furnished materials simultaneously from a single plant, it is not necessary to secure separate samples for each project; however, individual test reports are to be supplied to complete the records for each project.

Project Certification
Upon completion of the project, the RE must complete Exhibit 17-G: Materials Certificate. The LPA’s Person in Responsible Charge must sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the Materials Certificate, including changes by virtue of change order. The original is submitted to the DLAE in the Report of Expenditures and a copy is placed in the project file.

16.12 Environmental Stewardship
Introduction
The National Environmental Policy Act (NEPA) mandates that steps be taken to prevent or eliminate damage to the environment. This is accomplished through the environmental processes detailed in LAPM Chapter 6: Environmental Procedures. Furthermore, the LPA is responsible for complying with applicable state and local laws, obtaining necessary permits, and ensuring that mitigation commitments are fully incorporated into the Plans, Specifications and Estimate, and implemented during construction. This section outlines the RE’s responsibilities to fulfill these requirements.

Responsibilities of the RE
The responsibility to ensure that all environmental mitigation commitments are incorporated during construction falls on the RE. First, the RE must double check that no mitigation commitments were inadvertently omitted from the PS&E, then the RE must ensure that the commitments are properly executed during construction, and third, the RE must ensure that the execution was adequately documented.

At the start of each project, to ensure no mitigation commitments were omitted from the PS&E, the RE must obtain and read the key documents related to environmental mitigation for the project, including:

1. The approved project environmental document. This document will have been signed by Caltrans and will be one of the following three types:
• Categorical Exclusion (CE)
• Finding of No Significant Impact (FONSI)
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• Record of Decision (ROD)

2. The Environmental Commitment Record (ECR). The ECR is a tool for tracking and documenting the completion of all mitigation commitments. It is developed during the PS&E phase and compiles all terms, conditions, and mitigation measures required by all the environmental permits, approvals, and agreements from resource and regulatory agencies.

The ECR usually comes in a spreadsheet format and includes the following:
• A brief description of the commitment
• The name and page number of the document requiring the commitment (for example: Fish and Wildlife Permit, page 24)
• The phase in which the commitment will be executed (R/W, PS&E, or Construction)
• The name of the LPA person certifying that the commitment was completed and the date
If the project has no mitigation commitments, it is helpful if the project development team note this on a blank ECR in the project file.

3. All environmental permits, approvals, and agreements from resource and regulatory agencies; not all projects will have these documents.

Before construction begins, check if any mitigation commitments were inadvertently omitted from the PS&E. If yes, write a change order to include them. Check the permit dates and obtain extensions if necessary. Consult the agency person in responsible charge, the agency environmental liaison, and the design team, as needed. Bring the environmental commitments to the attention of the contractor and agency staff at the pre-construction meeting.

Environmental commitments might include using biological or archeological monitors, temporary fencing, relocating plants or animals, or enforcing dust and noise control, among other things.

Be sure the contractor includes mitigation commitments in the project schedule, if appropriate.

During construction, ensure the contractor is complying with all requirements and document compliance using the assistant RE daily reports and photographs. Other documentation might include letters approving the monitors, sign-in sheets from required crew trainings, and copies of required reports or surveys. Sign and fill in the dates on the ECR (or equivalent) as mitigation commitments are completed. If the contractor is not complying with the mitigation commitments, document and take action. Actions might range from letter writing to payment withholdings to project suspension. Consult your contract and permits.

After project acceptance, confirm all monitoring reports and post-construction mitigation reports were submitted to permitting agencies, if applicable. Certify on the ECR (or equivalent) that all mitigation commitments have been completed and documented. 218

16.13 Progress Payments, Accounting Procedures and Payment Records Introduction
Progress payments are compensation to the prime contractor for the value of work completed during a covered period. Contract language generally calls for progress payments to be made at least once each month as the work progresses.

The LPA may request reimbursement for project costs incurred from Caltrans, who in turn requests
reimbursement from FHWA. The reimbursement request is typically based on the progress payment made to the contractor. The progress payment is based on an estimate prepared by the engineer. Each estimate reflects the total contract item work completed during the pay period, extra work bills submitted for approved change order work, materials on hand, deductions, and withholds.

Since FHWA may only participate in the actual, allowable, and allocable cos ts of a project, it is essential the estimate supporting the reimbursement request be based on accurate quantities.

CFR 635.123: Determination and Documentation of Pay Quantities requires that each state Department of Transportation have procedures in place which provide adequate assurance that the quantities of completed work are determined accurately and on a uniform basis throughout the state for all federal–aid projects, including those administered by LPAs. This section outlines those procedures.

Procedures
State-administered projects and projects on the SHS must follow the procedures outlined in the Caltrans Construction Manual. LPA-administered projects must use a similar accounting system. The essential elements of the system are: 1) source documents, 2) contingency balance tracking, and 3) estimate of the final cost of work.

Source Documents
Source documents are the original documents, data, and records containing the details to substantiate a transaction entered in an accounting system. Source documents are the permanent record sheets that create a clear and easily followed accounting trail from the total pay quantities in the proposed final estimate, back to the first measurement or calculation for each bid item; and for extra work at force account payments back to records and costs substantiating performance of the work.

The most common source documents are:

Contract Item Quantity Calculation Sheets
Contract Item Quantity Calculation sheets, also known as Q sheets, support and document item payments made to the contractor each month. A separate quantity calculation sheet must be prepared for each contract item being paid for each progress payment. For example, if in the month of May, payments were made on 12 contract items, there should be 12 separate item calculation sheets.

Each Q sheet must clearly record the following:
• The appropriate bid item number
• The location of the work or installation (sta., depth, offset, etc.) 219
• The measurements and calculations performed to determine the quantity actually performed by the contractor to be paid (this requirement applies equally to lump sum items)
• The source of any figure, calculation, or quantity shown on the source document (field count or measurement, scale weight, planned dimension)
• The name, date, and signature of the person preparing the document • The name, date, and signature of the person who independently checked the document and calculations
Additional Q sheet requirements and considerations:
• Q sheets must be produced by the LPA not by the contractor. • Quantities should be measured in accordance with the method directed in the measurement or measurement and payment clauses in the contract specifications for each bid item. For more information about measuring quantities for specific bid items, refer to Chapter 4: Construction Details of the Caltrans Construction Manual. • C alculation sheets should be checked as soon as practicable, but in any event, prior to payment of a final estimate.
• The quantity paid-to-date shown on the estimate for a bid item must agree with the sum of the quantities on all the source documents for that item.

Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculations is an example of a quant ity calculation sheet.

Weight Tickets
Weight tickets, sometimes referred to as load slips, are used to support both item quantity payments made by weight and extra work paid at force account. Weight tickets must be collected at the point of delivery and validated by a representative of the administering LPA.

This is accomplished by the LPA employee signing or initialing the load slip upon delivery to indicate the represented material was used in the work (this is also the time to check the proper mix design or specified material has been delivered). If applicable, on the load slip, indicate any quantity of material not included for payment, such as unused or wasted material. When a determination is made to reduce the quantity, advise the contractor’s foreman or superintendent of the amount and reason for the reduction. In the daily report, document the reduction and the name of the contractor’s employee who you advised of the reduction.

Consider organizing Q sheets and weight tickets by bid item so an easily followed audit trail exists. Total and bundle the tickets by each day worked, and place in the project files.

Daily Reports
Daily reports are required to support quantity calculation sheets and force account payments.

See Section 16.8: Engineer’s Daily Reports of this manual for information on producing adequate daily reports.

Material Invoices
Payment for material purchased for extra work paid at force account must be supported by a copy of the vendor’s invoice whenever possible. If no individual invoice is available, as in the case of materials taken from contractor’s stock, a copy of the mass purchase invoice may be 220
used as support. If no invoice is available to support unit purchase prices, submit a statement with the change order bill. In the statement, explain how the unit prices were verified.

Any invoices the contractor submits must represent the material actually used.

Material on Hand
A material on hand but not incorporated into the work is eligible for a progress payment if:

1. Compliant with other Contract parts

2. Material cost exceeds either of the following:

2.1. $50,000

2.2. $25,000 if the requestor is certified as one or more of the following:

2.2.1. DBE

2.2.2. Small business as certified by Department of General Services, Office of Small Business

3. Purchased

4. Invoice is submitted

5. Stored within the LPA and you submit evidence that the stored material is subject to the LPA's control

6. Protected from weather and contamination

7. Water pollution control measures are established and maintained

8. Requested on the Caltrans form (CEM-5101) or LPA equivalent

Section 3-906E: Materials on Hand of the Caltrans Construction Manual contains related guidance.

Change Order Extra Work Billings
Payments for change order work must not be made until the change order is approved/ executed.

Force Account Cost Cal culations
These calculations consist of adding specified markups to the actual cost of labor, equipment, and material used to perform the extra work. The contractor must submit bills covering each change order for each day that force account extra work is performed. Compare the force account bills submitted to:
• Labor and equipment hours shown on the daily reports (Tentative Agreements from the Contractor, i.e., with Contractor’s letterhead, are not valid for approving payment for Extra Work Bills)
• Material quantities shown on the daily reports
• Prevailing wage rates and payrolls
• Equipment rental rates in the official rental rate book • Material invoices supplied
Keep a copy of the approved force account bill and the supporting documents in the project files.

Contingency Balance Tracking
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The contingency balance must be updated each month to reflect item overruns and approved change order work.

Estimate of the Final Cost of Work
An anticipated changes sheet must be kept in the project files where the current estimated probable final cost of the work is recorded.

Approval of Progress Pay Estimates and Reimbursement
The RE is responsible for the accuracy of a progress pay estimate. By approval, the RE verifies the quantities are correct, and the data submitted conforms to these policies.

The progress pay estimate, all invoices, and supporting documentation are submitted to the DLAE as part of the Invoice Package. See LAPM Chapter 5: Invoicing for more information.

Chapter III, Section 3-9: Payment of the Caltrans Construction Manual is a good reference document to assist LPAs in organizing their accounting system for a typical federal-aid project.

16.14 Safety Provisions
Introduction
Federal and state laws establish occupational safety and health standards with which all employers must comply. These laws basically require an employer to provide a safe place of employment i.e., one that is reasonably free from danger to life, or health.

Procedures
The contractor will be required under the contract specifications to comply with safety rules and regulations (see the Form FHWA-1273 section titled Safety - Accident Prevention). The Construction Safety Orders of the California Division of Industrial Safety apply to all federal-aid contracts.

In administering this part of the contract, the engineer is required to verify the contractor properly provides a safe work environment for its workmen. Under no circumstances should the contractor be instructed orally or in writing on how to correct a deficiency. The unsafe condition should simply be identified as well as the specific regulation involved if it is known. In carrying out the responsibilities of assuring safety compliance as a contract requirement, the following guidelines should be used:

1. Imminent Hazard - These are conditions that, if not corrected, would likely result in an accident causing severe or permanently disabling injury, or death.

When an imminent hazard is found to exist or when the contractor permits repeated occurrences of a hazardous condition, the RE should take the following steps:
a. Advise the contractor verbally of the condition and the need for immediate correction.
b. Remove all employees from the hazardous exposure.
c. Have the contractor remove all personnel not necessary to make the corrections.

Complete all necessary abatement actions.
d. If the contractor complies, document the incident in the contract’s Safety Diary with appropriate references in the RE’s Diary.
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e. If the contractor does not comply, shut-down the affected operation(s). Document the condition(s) and your action taken in writing. Whenever it is necessary to shut-down a contractor’s operation, the LPA Construction Safety Coordinator and the Division of Occupational Safety and Health (Cal/OSHA) should be notified of the hazardous condition and the actions taken. Diaries giving all details leading up to the suspension and copies of orders by the RE and/or the Division of Occupational Safety and Health should be maintained in the contract files (Category 6 if Caltrans’ filing system is used).

2. Dangerous Conditions (Serious Hazards) - These are conditions that do not present an immediate danger to workers but if not corrected could result in a disabling injury and possibly death or could develop into an imminent hazard.

When a dangerous condition (sometime referred to as a serious hazard) is found to exist, the RE should take the following steps:
a. Advise the contractor verbally of the condition and the need for timely correction.

If appropriate, set a compliance deadline.
b. Remove state and consultant employees from the hazardous exposure. c. If the contractor complies, document the incident in the contract’s Safety Diary with appropriate references in the RE’s Diary.
d. If the contractor does not comply, consider ordering the shut-down of affected operation(s). Document the condition(s) and your action taken in writing. If the operation is ordered to be shut-down, proceed in the same manner as described for an imminent hazard.

3. Minor or Non-Serious - These are conditions that could result in minor injuries or that may be classified as a threat to health.

When a non-serious or minor condition is found to exist, the RE should take the following steps:
a. Advise the contractor verbally of the condition and the need for correction. b. If the contractor complies, document the incident in the contract’s Safety Diary. c. Protect state and consultant employees from exposure. d. If the contractor fails to correct the condition or permits its repeated occurrence, the Construction Safety Coordinator should be notified.

Citations & Information Memorandum
Cal/OSHA issues citations if, during an inspection, they observe an employee exposed to an unsafe or unsanitary condition. Citations may also be issued in situations where an employee exposure can be shown to have occurred even though it was not observed during the course of the inspection. Every citation will identify the violation and the gravity of the violation (serious, general, or regulatory).

In addition to the authority of issuing citations, Cal/OSHA has the authority to prohibit entry into an unsafe area or to use unsafe equipment (Labor Code Section 6325) when an imminent hazard exists. The violation of this type of order is a misdemeanor.

When an actual exposure cannot be demonstrated, but a condition is found to exist that would be a violation if an exposure where to occur, then Cal/OSHA may issue an Information 223
Memorandum. To allow an employee to be exposed to a condition identified in an Information Memorandum constitutes a willful violation of the Safety Orders.

Should a contractor receive a citation, shut-down order (yellow tag), or an Information Memorandum, the Construction Safety Coordinator should be notified. The RE should react to the Cal/OSHA action as outlined in the previous section. The level of action will be based on the severity as determined by Cal/OSHA.

16.15 Traffic Safety in Highway and Street Work Zones
Introduction
The purpose of this section is to ensure adequate consideration is made for traffic safety in highway and street work zones on all federal-aid construction projects.

Procedures
Each LPA must develop and implement procedures consistent with the requirements of this section and LAPM Chapter 12: Plans, Specification & Estimate (Section 12.6: Plans) that will contribute to the safety of motorists, bicyclists, pedestrians, and construction workers on all federal-aid highway construction projects. For each construction project, the LPA’s procedures must include, but not be limited to the following:

1. Temporary Traffic Control (TTC) Plan
• Before work begins, traffic control plans, when developed for handling traffic through a construction or maintenance project, must be approved by the Engineer of the LPA or authority having jurisdiction over the highway. TTC plans may range in scope from a very detailed plan designed solely for a specific project, to a reference of standard plans or manuals. The degree of detail in the TTC plan depends on the project complexity and traffic interference with construction activity.
• TTC plans must be developed for all projects and included in the plans, specifications and estimates (PS&Es).
• The TTC plan must comply with Part 6: Temporary Traffic Control of the California Manual on Uniform Traffic Control Devices (CA MUTCD). • The scope of the TTC plan must be determined during the planning and design phases of a project.
• Per the CA MUTCD, the TTC plans must be prepared by a person who understands the fundamental principles of TTC and work activities to be performed. For those agencies using the Greenbook, it specifies the preparer must be a Registered Civil or Traffic Engineer.
• The design, selection, and placement of TTC devices for a TTC plan must be based on engineering judgment.
• Provisions may be incorporated into the project bid documents that enable contractors to develop an alternate TTC plan. This alternate or modified plan must have the approval of the engineer of the LPA prior to implementation.

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2. Respo
nsible Person
The LPA should designate a qualified person at the project level who should have the primary responsibility and sufficient authority for assuring the TTC plan and other safety aspects of the contract are effectively administered. While the project or RE may have this responsibility on large complex projects, another person should be assigned at the project level to handle traffic control on a full-time basis. This individual’s name should be included in the Resident Engineer Contract Administration Checklist (see Exhibit 15- B: Resident Engineer’s Construction Contract Administration Checklist) if the RE is not given this responsibility.

3. Training
All individuals responsible for the development, design, implementation, and inspection of traffic control should be adequately trained. Flaggers must be trained as per the Construction Safety Orders in the California Code of Regulations (Title 8, Division 1, Chapter 4, Subchapter 4, Article 11, Section 1599: Flaggers).

4. Accident Analysis
The LPA should analyze construction and maintenance work site accidents for the purpose of correcting deficiencies which are found to exist on individual projects and to improve the content of future traffic control plans.

5. Pay Items
The method of payment for traffic control items should be described in the project specifications.

16.16 Final Inspection and Construction Engineering Review by the State A final inspection of the work should be made by the LPA. This inspection should occur prior to final completion and before project verification by Caltrans DLAE. Any punch list items resulting from this inspection must be completed by the contractor prior to the expiration of contract time.

For details on final inspection, see LAPM Chapter 17: Project Completion (Section 17.2: Final Inspection Procedures for Federal-Aid Projects). The RE must also take this time to do one last review of the project Environmental Commitment Record, confirming all mitigations were performed and finalizing necessary documentation. LPA construction engineering records may be reviewed during the life of the project or up to three years after final voucher.

16.17 Contract Disputes and Claims
Introduction
All federal-aid projects must include contract provisions containing administrative procedures for dealing with contractor claims. Claim procedures must be included in a LPA’s contract special provisions or standard specifications. These procedures must allow for the proper treatment of the following two conditions:

1. Protests or potential claims that have not been resolved during the progress of the work and which have been restated as claims with the return of the proposed final estimate.

2. Situations wherein the first notification of any problem is a claim submitted with the return of the proposed final estimate.
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The procedures in the contract claims provisions must not be bypassed or modified through the use of change orders.

This section provides guidance to timely address and resolve contract disputes and claims. This section applies to all federal-aid projects.

Background
A contract dispute is a disagreement between the contractor and the LPA, often over the need to revise the contract, which is generally for additional time or compensation. Among other things, disputes stem from disagreements in the interpretation of plans, specifications, bid proposals, material handouts, and field conditions. Administrative disputes also occur and may include the following:
• Contract item quantity payments
• Changed quantity payment adjustments
• Administrative deductions and withholdings
• Extra work: labor, equipment, and materials
Disputes become claims when the contractor lists disputes as exceptions to the proposed final estimate.

Claims Avoidance
Claims avoidance is the most prudent step an RE can take to minimize the number and the size of claims. Claims are minimized or avoided if the RE appropriately engages with the contractor and properly administers the contract. Be knowledgeable about the contract documents, policies, and procedures, including federal and state laws applicable to the proper administration of the contract. Maintain a respectful relationship with the contractor throughout the project.

When disputes occur, try to resolve them as early as possible, in accordance with the contract, and at the lowest responsible level. Take the following suggested actions to resolve disputes and minimize claims:
• Communicate with the contractor
• Define the critical issues
• Gather the facts
• Review appropriate contract specifications and documents • Determine responsibilities
• Consult subject matter experts
• Work within the contractual constraints
• Communicate your position timely
• Provide clear reasons when no merit exists
• Compensate the contractor promptly when merit exists
• Document resolution and elevate, if appropriate
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The inclusion of formal Partnering in the contract may help reduce disputes, or aid in early resolution. See Section 5-1.09: Partnering of the CTSS. Section 5-1.43: Potential Claims and Dispute Resolution of the Standard Specifications requires the contractor to minimize and mitigate the impacts of disputed work or events.

Section 5-5: Delays of the Greenbook obligates the contractor to avoid losses due to delays by the judicious handling of forces, equipment, or plant.

Alternative Dispute Resolution (ADR) techniques can also be included in the contract provisions to help resolve disputes and claims. ADR is any method of resolving disputes other than by litigation. Techniques include negotiation, mediation, disputes review board (DRB), mini-trial, and arbitration. These methods vary by the amount of assistance from outside sources and the amount of decision responsibility taken away from the disputing parties. • Negotiation: Negotiation occurs when parties resolve the issues themselves, usually at the project level. The LPA’s administrative processes would also be considered as negotiation.
• Disputes Review Board (DRB): A DRB is a standing 3-person committee created specifically for the project which meets on a regular basis to review and resolve all disputes before they become formal claims. Both parties choose a member who represents them and selects the third member. The operating procedures are described in the contract and the operating costs are shared by both parties. Written decisions are rendered by the board however, the decisions are typically non-binding. • Mediation: Mediation consists of using a neutral party as a catalyst to depersonalize the dispute. The mediator does not decide the dispute, but instead tries to facilitate communication and help the parties achieve compromise and settlement. Mediation is normally non-binding.
• Mini-Trial: A mini-trial is a settlement process in which each party’s counsel presents a summary of their respective cases, including any evidence and witnesses, to a panel.

The panel consists of senior officials of the LPA and the contractor, plus a neutral official. The officials have authority to settle the dispute. FHWA also has a representative at the mini-trial who has the authority to approve any settlement reached by the parties.

Mini-Trials are non-binding.
• Arbitration: Arbitration is a proceeding in which the dispute is resolved based on fact and law, by one or three arbitrators. The arbitrators are chosen by the parties. Although decisions may or may not be binding and without appeal, in almost all cases, the arbitration decision is accepted by both parties. Usually, the only cases carried on to litigation are those that involve a point of law. Arbitration is permitted under the State Public Contract Code.

Specifications are available at California Department of Transportation Standard Specifications website. For more information contact the DLAE.

Claim Procedures and Contract Provisions
During the Project
For projects using Caltrans Standard Specification during the course of the project and up to receiving the proposed final estimate, the contractor must submit a contract dispute or protest in the form of a Request for Information (RFI). If the RFI leads to a dispute, the contractor must follow the three-part potential claim process specified in the contract. The three parts of the 227
potential claim process begins with Exhibit 16-UI: Initial Potential Claim Record, Exhibit 16-US:

Supplemental Potential Claim Record, and Exhibit 16-UF: Full and Final Potential Claim Record.

Ensure that on all claims-related documents, the date and time of receipt and the name of the person who received it are noted. Ensure the RFI and potential claim documents are complete and timely. If the information is incomplete, notify the contractor and request the contractor resubmit the document with the complete information within the required timeframe.

Relevant porti
ons of the Caltrans Standard Specifications include, but are not limited to:
• Section 5-1.06: Protests
• Section 5-1.42: Requests for Information
• Section 5-1.43: Potential Claims and Dispute Resolution Relevant portions of the Standard Specifications for Public Works Construction, also known as the Greenbook, include, but are not limited to:
• Section 3-4: Changed Conditions
• Section 3-5: Disputed Work
LPAs should always review relevant portions of their special provisions.

Additional guidance on responding to RFIs and potential claims on properly documenting the dispute resolution process can be found in the following sections of the Caltrans Construction Manual:
• Section 3-521: Requests for Information and Potential Claim Records • Section 5-403: Requests for Information and Potential Claim Records Sample dispute response clauses are located in the Caltrans Construction Manual (Section 3- 521E: Sample Dispute Response Clauses) including sample responses for the following topics:
• RFI to Protest Differing Site Condition
• RFI to Prote
st a Time Adjustment Determination in a Change Order
• RFI to Protest a Weekly Statement of Working Days
• Potential Claim Record
After the Proposed Final Estimate
LPAs must diligently pursue the satisfactory resolution of claims within a reasonable period of time. It is important to follow your contract claims process to ensure the process is completed within the statutory requirement of 240 days. If the contractor has diligently pursued and exhausted the administrative procedures specified in the contract, the contractor is entitled to file for arbitration of its claims 240 days after contract acceptance, even if the LPA has not issued a claims determination. The LPA is not required to give advance notification to the DLAE or FHWA of the details of claims unless estimated defense and/or settlement costs would require an increase in the amount of federal funds authorized for the project.

Claims that involve difficult, complex, or novel legal issues should be brought to the attention of the DLAE. The DLAE will contact the FHWA for assistance, if appropriate. The DLAE may provide limited engineering and administrative assistance in the claim defense, depending on the complexity and size of the claim, as well as the availability of Caltrans staff resources. 228
False Statements Concerning Highway Projects
This section applies to all federal-aid highway construction projects. 18 U.S.C.1020 is an anti-fraud statute originating from the Federal-Aid Road Act of 1916. The making or use of false statements is a felony, punishable by fine of not more than $10,000, or imprisonment of not more than 5 years, or both. Making or using false claims for the purpose of obtaining payment against federal funds, will subjects violators to forfeiture of $2,000 for each violation.

This section specifically provides that willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of federal law and requires that the false statements poster, Form FHWA-1022, be posted on the project.

The LPA is to conduct investigations on complaints and review records that are potentially vulnerable to fraud. It is also the LPA’s responsibility to furnish the prime contractor with the required poster (Form FHWA-1022) and to ensure it is posted accordingly.

Federal-aid Participation
The eligibility for and extent of federal-aid participation, up to the amount of federal funds authorized for the project, in a contract claim should be determined by the LPA in accordance with the following:
a. Contract claim defense costs which are directly allocable to a federal-aid project but not including general administrative and other overhead costs, are reimbursable up to the federal statutory share. Such costs are reimbursable at the same participation rate as the related construction project.
b. Federal funds will participate in contract claim awards to the extent that any contract adjustments made are supported and have a basis in terms of the contract and applicable state law, as fairly construed. Further, the basis for the adjustment and contractor compensation should be in accord with prevailing principles of public contract law.
c. Federal funds can participate in interest associated with a claim if three conditions are met:
• The interest must be allowable by statute or specification • The interest is not the result of delays caused by dilatory action of the LPA or contractor
• The interest rate does not exceed the rates provided for by statute or specification
d. Acts of LPA employees involved in contract administration and contract plan preparation matters which subsequently give rise to claims, are reimbursable to the extent the actions are reasonable and within the standards of the profession. Federal funds will not participate if it has been determined that LPA employees, officers, or agents acted with gross negligence, or participated in intentional acts or omissions, fraud, or other acts not consistent with usual LPA practices in project design plan preparation or contract administration.

e. Federal funds will not participate in such cost items as consequential or punitive damages, anticipated profit, or any award or payment of attorney’s fees paid by the LPA 229
to an opposing party in litigation; and in tort, inverse condemnation, or other claims erroneously styled as claims under a contract.
f. In those cas
es where LPAs receive an adverse decision in an amount more than the LPA can support prior to the decision, or settles a claim in an amount more than the LPA can support, the contract claim award is eligible for federal-aid participation up to the appropriate federal matching share, to the extent that it involves a federal-aid participating portion of the contract, provided that:
• The DLAE was
consulted and concurred with the proposed course of action • All appropr
iate courses of action have been considered
• The LPA pursued t
he case diligently and in a professional manner
Additional Funds
If contract claim defense and/or award costs will exceed the amount of federal funds authorized for the project, the LPA should contact the DLAE for assistance. For regionally programmed federal-aid funds (Regional Surface Transportation Program, Congestion Mitigation and Air Quality Improvement Program, etc.) the Regional Transportation Planning Agency (RTPA) or Metropolitan Planning Organization (MPO) must be involved in authorizing additional funds. For state discretionary funds, the Caltrans Division of Local Assistance (DLA) will make the determination. Many of these programs may also require California Transportation Commission (CTC) approval for the additional funds. The Local Assistance Program Guidelines (LAPG) should be consulted for procedures for obtaining funding from the various Local Assistance funding programs.

Generally, the LPA must take ac tion to settle the claims that are deemed to have merit first, and then initiate the request for the additional funds. However, if estimated claim defense costs alone will exceed available funds, approval for the additional claim defense costs may be obtained in advance, depending on the funding program. If approval is received, the DLAE will initiate authorization of the additional federal funds upon receipt of a Request for Authorization, and copies of a revised finance letter and detail estimate. It is important to note that while additional funds may be authorized and obligated, reimbursement of costs is still subject to the standards described in this manual. Upon resolution of all contract claims, if additional federal
funding is required, the DLAE will review the documentation and recommend the appropriate action depending on program constraints and the circumstances of the claim settlement. The adequacy of the LPA’s project supervision and inspection, including the keeping of proper records, will be considered in this determination.

Invoices
Claim defense costs are considered construction engineering if incurred before the final invoice and should be included in progress billing invoices prepared and submitted to Caltrans (see LAPM Chapter 5: Invoicing).

Contract claim awards are billed as construction contract costs. These costs are usually not known until the final invoice is prepared. Claims award costs are included in the Final Invoice, Final Detail Estimate, and reported on the CO Summary. These documents are included in the mandatory Report of Expenditures submitted to the DLAE (see LAPM Chapter 17: Project Completion). Documentation of approvals from the appropriate fund manager for additional funds, if required, should also be included in the Report of Expenditures. 230
Upon receipt of the Report of Expenditures, the DLAE will accept the LPA certification regarding the accuracy of the reported costs and approve payment after verifying the project was completed in accordance with the scope described in the project authorization.

Documentation
The LPA must document the determination of participation by providing in writing the following:
• Legal and contractual basis for the claim
• Cost data supporting any payment made
• Other facts supporting the award or settlement
Federal-aid participation should be supported by an audit of the contractor’s actual costs unless costs can be substantiated with project records, or an audit would not be cost-effective.

Where difficult, complex, or novel legal issues appear in the claim, such that evaluation of legal controversies is critical to the consideration of the award or settlement. The LPA must include in its documentation a legal opinion from its counsel providing the basis for determining the extent of the liability under local law, with a level of detail commensurate with the magnitude and complexity of the issues involved. All contract records must be retained by the LPA for a minimum period of three years from the date of the final voucher.

Recovery of Compensatory Damages
The federal share pertaining to the recovery of compensatory damages should be equivalent to the federal share of the project(s) involved. In cases where LPAs affirmatively recover compensatory damages through contract claims, cross-claims, or counter claims from contractors, subcontractors, or their agents, the project(s) from which the claim(s) arose should be credited.

16.18 Construction Oversight Program
For locally administered federal-aid highway projects off the State Highway System, construction oversight reviews will be performed by Caltrans Local Assistance Construction Oversight Engineers (COEs). DLAE staff may participate in the reviews, if available.

Types of Reviews
The purpose of construction oversight reviews is to verify LPA compliance with federal-aid construction contract administration requirements. These reviews may be conducted prior to the start of the construction contract, during construction, and/or after the completion of the construction contract as described below. The objective is to perform at least one review on all projects.

Preliminary Construction Review
The purpose of the preliminary construction review is to provide supplementary oversight and guidance regarding construction contract administration to the LPA on a federal-aid construction project prior to the start of contract work. Preliminary reviews will be performed on selected federal-aid projects requiring a greater degree of oversight. The following factors may be used when selecting projects for preliminary review:
• High cost and/or complex projects
231
• Projects administered by agencies with previous sanctions/findings • Lack of experienced/trained LPA personnel
• Per request by the LPA or DLAE for additional assistance During preliminary construction reviews, the COE will meet with the LPA's construction contract administration team and discuss project record documentation requirements using the Pre- Construction Review Checklist. The COE will also explain new policies or procedures, discuss available training, and highlight common problem areas and the means to avoid them. The timing of this type of review is targeted for after bid opening, but prior to beginning construction.

Mid-Construction Review
Mid-construction reviews will be performed on selected federal-aid construction projects.

Factors to be considered in determining which projects to review include:
• High cost and/or complex projects
• Projects administered by agencies with previous sanctions/findings • Projects that did not have a preliminary construction review • Duration of the project
• Project location
During these reviews, the COE will meet with the LPA's resident engineer and review the project records. The Mid-Constriction Review Checklist will serve as the basis for this review. Any major deficiencies will be identified, and the LPA will be notified of the deficiencies (see Review Findings below). The timing of this type of review is targeted for 40% to 60% of construction completion, but should not take place until the LPA has processed at least one progress payment to the contractor.

Post Construction Review
Post construction reviews will be performed on a case-by-case basis. Projects that did not receive a preliminary or mid-construction review, or had major deficiencies identified during a mid-construction review, are candidates for a post construction review. The purpose of the post construction review is to verify that federal and state requirements for construction contract administration have been met, and to ensure that major deficiencies noted during mid- construction reviews have been fully resolved in conformance with an accepted corrective action plan. The Post-Construction Review Checklist will serve as the basis f or this review.

Accepted corrective action plans will also be utilized in the review. Any further major deficiencies will be identified, and the LPA will be notified of the deficiencies (see Review Findings below).

Review Findings
Results of the construction oversight reviews will be forwarded to the LPA and the DLAE within two weeks. Any major deficiency identified during a review will require development of a corrective action plan by the LPA in consultation with the district within 30 days of receipt of the major deficiency notification. Major deficiencies are those errors of commission or omission, which violate federal or state law or regulation, and if uncorrected, would prevent federal or state participation in all or a portion of the project. 232
Corrective action plans will identify actions the LPA will take to address each major deficiency noted. Corrective actions may include modifications of LPA policies and procedures, and participation in training to address systemic related deficiencies, while project-specific issues may require additional measures to remedy deficiencies to ensure compliance with federal and state requirements and ensure reimbursement eligibility. Corrective action plans must also include timelines for each action to be implemented. Failure to provide and implement corrective actions may result in sanctions or federal ineligibility notices against the project or LPA.

16.19 References
18 USC 1020
https://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-chap47- sec1020

23 CFR
https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm

23 CFR 637
https://www.ecfr.gov/current/title-23/part-637

29 CFR 5.7(b)
https://www.law.cornell.edu/cfr/text/29/5.7

41 CFR 60
https://www.govinfo.gov/content/pkg/CFR-2018-title41-vol1/xml/CFR-2018-title41-vol1-part60.xml

48 CFR Part 31
https://ecfr.io/Title-48/cfr31_main

49 CFR
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49tab_02.tpl

Bridge Construction Records and Procedures Manual. V 1
https://dot.ca.gov/programs/engineering-services/manuals/bridge-constr-records-proc-manual-vol1

California Department of Transportation Standard Specifications https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications

California Division of Industrial Safety - Construction Safety Orders https://www.dir.ca.gov/title8/sub4.html

California Information Practices Act (Civil Code Sections 1798, et seq.) https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CIV&division=

3.&title=1.8.&part=4.&chapter=1.&article

California Public Contract Code Chapter 4
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&p art=1.&chapter=4.&article=

California Public Records Act (Government Code Section 6253) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6253

Caltrans Construction Contract Standards
233
https
://dot.ca.gov/programs/design

Caltrans Construction Manual
https://dot.ca.gov/programs/construction/construction-manual

Caltrans Labor Compliance Website
https://dot.ca.gov/programs/construction/labor-compliance

Federal-Aid Contract Prejob Checklist
https://dot.ca.gov/-/media/dot-media/programs/construction/documents/labor-compliance/prejob- checklists/2021-02-federal-aid-contract-accessible-form-a11y.pdf

Federal Aid Programming Guide (NS 23 CFR 635A) (Materials and right of way delays) https://www.fhwa.dot.gov/construction/contracts/0635asup.cfm

FHWA Technical Advisory, Construction Contract Time Determination Procedures, TA 5080.15 https://www.fhwa.dot.gov/construction/contracts/t508015.cfm

Form FHWA-1273 Contract Provisions
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

HQ Division of Local Assistance
https://dot.ca.gov/programs/local-assistance

Local Agency Resident Engineer Construction Manual Supplement https://dot.ca.gov/-/media/dot-media/programs/construction/documents/policies-procedures- publications/construction-manual/cm-supplement-lare-a11y.pdf

Local Agency Structure Representative Guidelines
https://dot.ca.gov/programs/construction/publications

Partnering with Caltrans
https://dot.ca.gov/programs/construction/partnering

State of California DOT, Quality Assurance Program Manual for use by Local Agencies, December 2008

https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/reports/qap-manual.pdf

Technical Advisories (TA): T 45401 Equipment Rental Rates https://www.fhwa.dot.gov/programadmin/contracts/ta45401.cfm

US DOT, FHWA, Contract Administration Core Curriculum
https://www.fhwa.dot.gov/programadmin/contracts/coretoc.cfm

234

Prepared by: Joshua Rogers___ Approved by: __Nathan Olson___________________

REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X_ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024
Agenda Item No.: G-11

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Final Acceptance for Well No. 19 Drilling & Development

Attachments:

1. Notice of Completion

2. Pump Test Memo dated August 26, 2024

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work for the Well No. 19 Drilling and Development in the amount of $590,579.00; and

2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and

3. Authorize payment of 5% retention in the amount of $ 29,528.95 to Zim Industries upon expiration of the 35-day lien period.

EXECUTIVE SUMMARY:

The contractor, Zim Industries, has completed all the improvements for the subject project. All work was completed in accordance with the plans, specifications , and contract documents, and performed to the satisfaction of the City Engineer.

BACKGROUND:

This project consisted of the drilling and development of a new municipal well along Greenwood 235

Avenue about ¼ mile south of North Avenue using the reverse rotary method.

The well was drilled to a depth of 510 feet, with water to be tapped from a depth of 260 feet to 490 feet below ground , avoiding any contaminants at shallower or deeper depths. Following drilling and development of the well, pump tests were performed in August 2024. After reviewing the pump test data, the consultant hydrogeologist, Ken Schmidt, prepared a memo with the findings (Attachment 2), including the well specific capacity values and a recommendation of a 1,200 gallon per minute (gpm) pumping rate and a pump setting at 380 feet below ground.

Final water quality testing indicated that all values were below the maximum contaminant levels (MCL) established by the State of CA Division of Drinking Water. No treatment other than chlorine disinfection is proposed at this time, although the site has been designed to leave space for future granular activated carbon (GAC) treatment vessels, should they be required later.

REASON FOR RECOMMENDATION:

The project construction work has been completed by the Contractor to the satisfaction of the City Engineer.

FISCAL IMPACT:

The final construction contract cost is $590,579. Total construction phase costs, including construction management, inspection and material testing, were approximately $620,000. The project was funded by a combination grant/loan funding agreement with the State Water Resources Control Board through their State Revolving Fund program.

ACTIONS FOLLOWING APPROVAL:

1. The Notice of Completion will be recorded.

2. The 5% retention, in the amount of $ 29,528.95, will be released no later than 35 calendar days following recordation of the Notice of Completion, provided no liens have been filed.

3. Staff will work on finalizing the bidding documents for the final phase of the project, to install the pump, motor and all site improvements. That project is anticipated to be advertised for bids within the next 6 months.
236

ATTACHMENT 1
237
RECORDING REQUESTED BY AND MAIL TO:

NAME: CITY CLERK, CITY OF SANGER

STREET: 1700 7TH STREET

CITY & STATE: SANGER, CA 93657

Exempt from fee per Government Code 6103
Exempt from fee per Government Code 27383

NOTICE OF COMPLETION

1. The City of Sanger, a municipal corporation, 1700 7th Street, Sanger, California, is the OWNER of the property hereinafter described.

2. The name of the Contractor who caused the work of improvement to be done is Zim Industries.

3. The property on which the work of improvements was accepted is located along Greenwood Avenue approximately ¼ mile south of North Avenue in the City of Sanger, County of Fresno, California.

4. The work for the Well No.19 Drilling & Development project included the drilling and development of a new municipal water well using the reverse rotary method.

5. The work of improvements as described herein was completed by the Contractor on October 1, 2024 and accepted by Sanger City Council on November 21, 2024.

6. The Security for the Labor and Material Bond is issued by Everest National Insurance Company, New York, NY.

CITY OF SANGER, a municipal corporation

________________________________
Joshua D. Rogers, City Engineer

I, the undersigned say; I am the person who signed the signed notice. I have read the above notice and know its contents, and the facts stated therein are true by my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Sanger, California, this 21st day of November, 2024.

Joshua D. Rogers, City Engineer
238

ATTACHMENT 2

239
240
241
242
243
244
245
246
247
248
249
Prepared by: Nathan Olson Approved by: __Nathan Olson_______________

REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO
ACTION
_X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024
Agenda Item No.: G-12

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Nathan Olson, City Manager
Subject: Approval of Fresno-Madera Area Agency on Aging (FMAAA) Contract for FY 2024-2025 – Contract No. 25-0191- Amendment #1
Attachments: 1) FMAAA Contract Amendment

CONFLICT OF INTEREST:

None known.

RECOMMENDATION
Staff recommends that the City Council approve Contract 25-0191- Amendment #1 with the Fresno Madera Area Agency on Aging for the Title III C1 Congregate Nutrition Program For Older Adults And Authorizing their Execution by City Manager for FY 2024-2025.

EXECUTIVE SUMMARY
The Fresno-Madera Area Agency on Aging (FMAAA) contract is an ongoing agreement that provides funding utilized solely for the Senior Meal Program offered at the City of Sanger Senior Center. The contract with FMAAA needs to be renewed every fiscal year. The last agreement was approved by the City Council on August 1, 2024. FMAAA has increased funding from $24,000 to $40,000 via contract 25-0191- Amendment #1.

BACKGROUND

The City of Sanger operates a senior center at the Sanger Community Center. One full-time Senior Coordinator at the Sanger Senior Center is supervised by the City Manager or designee, who oversees the 250

Senior Center and the Parks and Recreation programs. The City of Sanger and the Fresno-Madera Area Agency on Aging have had contract agreements for well over 20 years.

REASON FOR RECOMMENDATION
The prior contracts have been annual in nature and the amount varies year to year. In order for the City to receive the funds and to participate in the meals program through the FMAAA for the FY 2024-2025, the City Council must review and approve the new contract. The funds received from the FMAAA directly off-set a portion of the Senior Coordinator’s labor expenses and help provide hot meals to Sanger Seniors.

Providing this service to seniors remains an important part of the offerings provided to the community by the Parks and Recreation Department. The meal program is significant for seniors on fixed incomes and the revenue and support from the FMAAA is critical to the success of the program.

FISCAL IMPACT
The total amount of FMAAA funds awarded to the City of Sanger for the FY 2024-2025 was $24,000 and is to be used specifically for the Senior Program. The acceptance of the grant amendment to increase the current funds from $24,000 to $40,000 requires the City to provide matching funds from program donations and/or the City’s General Fund. The matching funds were anticipated in the adopted City Budget. The grant match is comprised of portions of allowable staff salary and benefits for their participation in the administration of this program.

ALTERNATIVES
Council may elect not to approve the amendment to the contract with FMAAA, and provide further direction to staff.

ACTIONS FOLLOWING APPROVAL
Staff will work with FMAAA to execute Amendment # 1 to the contract and implement the program at the Sanger Senior Center.
251

ATTACHMENT 1

252
(Revised June 2024)
CONTRACTING AGENCY: CONTRACT NO: 25-0191
PROGRAM: REVISION NO: 1
A. B. C. D. E. F. G. H. I. J.

POSITION TITLE FTE % FULL % OF FMAAA DO NOT USE PROGRAM MATCHING NON- TOTAL ( 40 Hrs = ANNUAL TIME ON GRANT FOR FUTURE INCOME FUNDS MATCHING PERSONNEL 100%) SALARY PROGRAM USE ONLY FUNDS COSTS

1. Senior Coordinator Salary 100.0% 49,790 40% 9,958 9,958 19,916

2. Recreation Supervisor Salary 100.0% 83,333 6% 2,500 2,500 5,000

3. Part-time Coordinator Salary 100.0% 26,382 40% 5,276 5,276 10,553

4. Salary

5. Salary

6. Salary

7. Salary

8. Salary

9. Salary

10. Salary
Total Salaries Page 2 Line 1 a -----> 17,734 17,734 35,469 Total Payroll Taxes Page 2 Line 1 b -----> 1,357 1,357 2,713 Total Benefits Page 2 Line 1 c -----> 7,920 7,920 15,840 TOTAL PERSONNEL COSTS Page 2 Line 1 -----> 27,011 27,011 54,022 NOTE: If there is more than one employee per position, list each separately. Use additional pages as necessary.

IN-KIND PERSONNEL COSTS NUMBER OF TOTAL RATE TOTAL

DESCRIPTION OF WORK PERFORMED VOLUNTEERS ANNUAL HRS PER HOUR IN-KIND City of Sanger
Title III C1 Congregate Nutrition

FRESNO - MADERA AGENCY ON AGING
PERSONNEL BUDGET DETAIL: FY 2024-2025
AVE. ANNUAL

HOURS PER

VOLUNTEER
253
Agency on Aging
October 22,2024 Change The Way You Age
Nathan Olson, City Manager
rTooTth Street
Sanger, CA 93657
RE: Contract no. 25-0191-Amendment #1
Title lll Cl Congregate Nutrition Site Management
Contract no. 25-0191. Title lll Cl Consregate Nutrition. Site Manasement o Sanger Senior Center 540,000 Maximum Expenditure
City Manager Olson,
The Fresno-Madera Area Agency on Aging Governing Board has approved a change to the allocation of additional funding on October 18,2024 to contract no. 25-01-91, City of Sanger to run the Title lll Ci.

Congregate Nutrition Site Management program at the Sanger Senior Center. The City of Sanger will be moving from a tier 2 (524,000) to a tier 4 (540,000) starting on Novemb er !,2024. The funding increase is reflected above and on page 1 Amendment 1 (enclosed).

Please complete and return the following documents as soon as possible:
r Pages L-2 Amendment 1, two sets with original signatures on page 2 r Exhibit B, budget (emailto [email protected] and [email protected]) for contract no. 25-0191 revised budget for the entire funding of 540,000.

Please plan to provide the annual Closeout Report for the period July L, 2024to June 30, 2025 by July 15,2025.

We will return a fully executed amendment following a review and approval of the amendment com ponents listed above.

We appreciate all the work the City of Sanger has done to increase the number of older adults eating meals at the Sanger Senior Center, thank you for the partnership and support! illa
Prog Di
hbennett(ofmaaa.ore
Fresno-Madera Area Agency on Aging
Moiling Address: 2037 W. Bullord Avenue, #512 . Fresno, CAg37i j Phone 559.214.0299 . Fox 55?.243.565,l . Emoil [email protected] 254
AMENDMENT#1

CONTRACT BETWEEN

CITY OF SANGER

AS SERVICE PROVIDER
AND
FRESNO.MADERA AREA AGENCY ON AGING
(HEREINAFTER REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):

City of Sanger
1700 7th Street
Sanger, CA 93657
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from July 1,2024 to June 30,2025, subject, however, to earlier termination as provided herein.

C, No expenditure or obligation for the funding allocation for the July 1 ,2024 through June 30, 2025 period may be incurred after June 30,2025.

D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U,S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:

Approved by Fresno-Madera Area Agency on Aging Governing Board on April17,2024 FederalGrantor U.S. Department of Health and Human Services Pass Through Granter: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title lllCl Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 25-0191 | Service: I Site Management
Site 12-Month Funding Cycle Contract Period
Grant Amount
Sanger Senior Center July 1 , 2024 to June 30, 2025 $24,000 Total Term of Contract Grant Award: $24,000
Approved by the Governing Board October 18,2024:

Tier 2 to Tier 4 Starting November 1,2024
Maximum Allocation increased to:
$40,000
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title llll/ll of the Older Americans Act as amended.

F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract, Area Plan Grant Award Contract Page 1 FY 2024-2025
255
AMENDMENT#1

CONTRACT BETWEEN

CITY OF SANGER

C. No expenditure or obligation for the funding allocation for the July 1 ,2024 through June 30, 2025 period may be incurred after June 30,2025.

D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S, Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:

Approved by Fresno-Madera Area Agency on Aging Governing Board on April17,2024 FederalGrantor: U.S. Department of Health and Human Services Pass Through Granter: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title lllCl Congregate Nutrition, Federal CFDA No. 93.045 Contract No. 25-0191 lservice: lsiteManagement
Site 12-Month Funding Cycle Contract Period
Grant Amount
Sanger Senior Center July 1,2024to June 30,2025 $24,000 Total Term of Contract Grant Award: $24,000
Approved by the Governing Board October 18,2024:

Tier 2 to Tier 4 Starting November 1,2024
Maximum Allocation increased to:
$40,000
E, This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title llll/ll of the Older Americans Act as amended.

F, The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus allenclosures listed, herein, constitute a part of this contract.

Area Plan Grant Award Contract Page 1 FY 2024-2025
256
FOR SERVICE PROVIDER:
of named on Exhibit E, page 5, as
having primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.

Nathan Olson
Date
Citv Manager
Type Name Title
/t
DateSignatu re Authorized Contracting Official
(Refer to Appendix A)
Nathan Olson City Manager
Type Name Title
94-6'fl0.r'.

Contractor Federal Employer LD. Number
FOR FRESNO.MADERA AREA AGENCY ON AGING:

Signature Date
Executive Director
Type Name Title
Area Plan Grant Award Contract Page 2 FY 2024-2025
257
FOR SERVICE PROVIDER:
lz/a,/er
Signature of individual named on Exhibit E, page 5, as
having primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.

Nathan Olson
Date
Citv Manager
Type Name
Signa ure of Authorized Contracting Official
(Refer to Appendix A)
Nathan Olson
Title
Date
City Manager
Type Name Title
94-60,f)425
Contractor Federal Employer l.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:

Signature Date
Executive Director
Type Name Title
Area Plan Grant Award Contract Page2 FY 2024-2025
258
Prepared by: Michelle Speer Approved by: Michelle Speer

REVIEW: City Manager: _NCO_____ Finance: __MS_____ City Attorney: ___HCM___ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
__X_ Action Item
__X_ Department Report
____ Redevelopment Agency

___ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: November 21, 2024

Agenda Item No.: H-1

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager / Administrative Services Director Subject: Purchasing Policy and Procedures Ordinance

Attachments: Purchasing Policy and Procedures Ordinance No. 2024-08

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Waive Full Reading and Introduce Ordinance No. 2024 -08 Repealing Divisions 2 and 4 of Chapter 2, Article V, and Adding New Division 2 to Chapter 2, Article V of the Sanger Municipal Code Relating to Purchasing Policy and Procedures.

EXECUTIVE SUMMARY:

The current City of Sanger purchasing policy was adopted in 2018. The City Attorney, along with Executive Staff, reviewed the existing policy and are recommending changes to the policy to comply with current local, state and federal law, as well as enhancing organizational efficiencies.

BACKGROUND:

The purpose of th e Purchasing Ordinance is to establish efficient procedures for the purchase of supplies, equipment, and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority, and to assure the quality of purchases.

The proposed ordinance provides provisions for local, state and federal purchasing requirements, sole 259

source agreements, “piggyback” contracts, professional services, public and non -public projects , clarifies the use of Requests for Proposals, and adds provisions for the disposition of surplus supplies and equipment . The ordinance is more comprehensive than previous versions and sets authority thresholds for the City Manager that are higher than in the current ordinance.

In 2020 the City of Sanger received an audit finding, which indicated that the purchasing ordinance was not in compliance with Uniform Guidance Standards. For all federal awards, the City must follow purchasing practices that are consistent with City policy, or federal procurement regulations, whichever are more stringent. The current purchasing ordinance does not support the practice and corrective action of the previous audit finding must be taken. The proposed ordinance meets the standards are corrects the previously reported deficiency.

Under the new ordinance, the City Manager would have the authority to authorize purchases and contracts under $60,000. The request increases organizational efficiency and reduce s the propensity for errors and audit findings. The request is consistent with the practices of other local government agencies and helps to address the issue of rising costs of services and supplies and purchasing delays.

REASON FOR RECOMMENDATION:

The proposed ordinance addresses issues related to our current purchasing policy and compliance issues with federal procurement practices which affect projects that are grant funded. It also helps to increase organizational efficiency and provide tighter controls on purchasing practices; granting authority to the Purchasing Agent to develop internal standards to ensure compliance with the Council adopted policy.

FISCAL IMPACT:

None

ALTERNATIVES:

City Council may elect to keep the existing purchasing ordinance, which may result in future audit findings.

ACTIONS FOLLOWING APPROVAL:

Following the First Reading, a Second Reading will be conducted at a subsequent City Council Meeting. 260
ORDINANCE NO. 2024-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANGER, CALIFORNIA REPEALING DIVISIONS 2
AND 4 OF CHAPTER 2, ARTICLE V AND ADDING NEW
DIVISION 2 TO CHAPTER 2, ARTICLE V OF THE SANGER

CITY CODE RELATING TO PURCHASING POLICY AND

PROCEDURES

THE CITY
COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:

SECTION 1.

Divisions 2 and 4 of Chapter 2, Article V of the Sanger City Code are hereby repealed.

SECTION

2. New Division 2 to Chapter 2, Article V, titled “Purchasing Policy and Procedures” is added to the Sanger City Code to read as follows:

DIVISION 2.

PURCHASING POLICY AND PROCEDURES
Section
2-201 Purpos
e and implementation
2-202 Expendi
ture authority
2-203 Des
ignation of and responsibility of Purchasing Agent
2-204 Purc
hasing amount authority and signature
2-205 Pu
rchases and contracts that are not public projects
2-206 Un
iform Public Construction Cost Accounting Act procedures for public projects 2-207 Exce
ptions: cooperative purchasing agreements and piggyback purchases 2-208 Sole
source purchases
2-209 Pr
evailing wages and public works projects
2-210 Req
uests for proposals and requests for qualifications
2-211 Confl
ict of interest
2-212 Desi
gn-Build exception
2-213 Sur
plus Equipment and Personal Property
261

§ 2-201 P
URPOSE AND IMPLEMENTATION.

(a) Title. This D ivision 2 of Chapter 2, Article V shall be known as the “City of Sanger Purchasing Ordinance” and is referenced as “Purchasing Ordinance” and “Ordinance.” The purpose of this Purchasing Ordinance is to establish efficient procedures for the purchase of supplies, equipment, and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority, and to assure the quality of purchases.

(b) Compliance with Law s. The adoption of this Purchasing Ordinance is intended to meet the requirements of state law including but not limited to the following:

(1) Cal.

Gov’t Code §§ 54201 to 54205 regarding the purchase of supplies and equipment;

(2) Cal. Public Contract Code §§ 20160 to 20174 regarding city public works construction projects;

(3) Cal. Public Contract Code §§ 22000 to 22045 regarding the Uniform Public Construction Cost Accounting Procedures;

(4) Cal. Gov’t Code § 4526 regarding professional services;

(5) Cal Gov’t Code § 40602 requiring Mayor’s signature on contracts unless ordinance authorizes another officer to execute;

(6) Cal. Gov’t Code § 4529.2 regarding architectural engineering services; and

(7) Other applicable laws.

(c) Superseding State
and Federal Procurement Requirements. The procurement
requirements under this Purchasing Ordinance shall be followed. However, in the event stricter requirements are required by state or federal funding sources, those requirements shall be met to ensure funding compliance and shall supersede the provisions of this Purchasing Ordinance.

(d) Administrative Pur chasing Policy. The city’s purchasing functions shall be governed by this Purchasing Ordinance and by the city’s Administrative Purchasing Policy, which shall be established by the City Manager or his or her designee, both as may be amended from time to time. The Administrative Purchasing Policy shall be in compliance with the Purchasing Ordinance. It will serve to implement the 262
provis
ions of this Purchasing Ordinance and will generally contain administrative requirements, responsibilities, and updated best practices to meet the city’s needs.

§ 2-202 EXPENDITURE AUTHORITY.

Purchase and contract expenditures must be authorized in the city’s annual budget or pursuant to amendment to the annual budget approved by the City Council.

§ 2-203 DESIGNATION AND RESPONSIBILITY OF PURCHASING AGENT.

(a) The Assistant City Manager/Administrative Services Director is designated as the City Purchasing Agent with the responsibility to supervise and control the disbursement of all monies and the audit of all purchase orders and related invoices and payments. The duties of the Purchasing Agent may be performed by an authorized representative or be delegated to such city office or position as may be determined by Assistant City Manager/Administrative Services Director in writing.

(b) The Purchasing Agent shall have authority to:

(1) Purchase or contract for supplies, equipment and services required by the city in accordance with purchasing procedures prescribed by this Purchasing Ordinance, the Administrative Purchasing Policy, and any requirement as shall be prescribed by state or federal funding agencies;

(2) Neg
otiate and recommend execution of contracts for the purchase of supplies, equipment, and services with the best value to the city;

(3) Obtain full and open competition on purchases;

(4) Prepare and recommend to the City Council revisions and amendments to the Purchasing Ordinance;

(5) Prescribe and maintain the forms as are reasonably necessary to the efficient operation of the Purchasing Ordinance and other laws;

(6) Supervise or delegate the inspection of all supplies, equipment and services purchased to ensure conformance with specifications of the product or service;

(7) Maintain a bidders list, vendors catalog file, pre-qualified vendor lists, and records needed for the efficient operation of the Purchasing System; and

263
(8) Re
quire that all employees verify and ensure purchases are made in accordance with the Purchasing Ordinance and with state or federal funding sources.

§ 2-204 PURCHASING AMOUNT AUTHORITY AND SIGNATURE.

(a) City Manag
er. Purchases and contracts of less than $60,000 may be awarded and signed by the City Manager or by a Department Director authorized in writing by the City Manager. Such agreements are required to be approved as to form by the City Attorney and Purchasing Agent. Notwithstanding this, the City Council may expressly reserve approval on a particular purchase or contract, or the City Manager may request Council approval.

(b) City Counc
il. If the amount of any purchase or contract is $60,000 or more, the contract shall be awarded by the City Council and signed by the Mayor unless a resolution or minute order specific to the particular contract authorizes the City Manager or other designee to sign the contract.

§ 2-205 PURCH
ASES AND CONTRACTS THAT ARE NOT PUBLIC PROJECTS.

(a) Procedures for Specific Amounts. The procedures in this section shall be followed when purchasing or leasing materials, supplies, equipment, or services that are:
(i) not public projects as defined in § 2-2.06 of this Code and (ii) not procured through requests for qualifications or requests for proposals.

(1) Less than
$10,000. All city employees authorized to purchase or lease materials, supplies, equipment, or services shall ensure that the city pays fair prices and receives commensurate value for amounts expended.

(2) $10,000 to Less th an $25,000. Price quotes must be solicited in writing from a minimum of three vendors, if available. The low- price quote must be confirmed in writing by the vendor.

(3) $25,000 to Les s than $60,000. Written specifications describing the delivery schedule, materials, supplies, equipment, or services must be prepared by city. Price quotes must be solicited in writing from a minimum of three vendors, if available.

(4) $60,000 or H igher. The informal bidding requirements under § 2-2.06(d)(2) of this Code relating to public projects shall be followed except that for non- public projects, the city is not required to award to the lowest bidder. The city may award to the best qualified vendor. In determining “best qualified vendor”, as used in this section, consideration is to be given to quality and performance of the goods and supplies, equipment or materials to be 264
pur
chased or nonprofessional services to be provided by the vendor. Criteria for determining best qualified vendor includes, but is not limited to, the following:

(i) The cost or best value of the goods and supplies, equipment, materials, or nonprofessional services;

(ii) The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;

(iii) The ability of vendor to provide the goods and supplies, equipment, materials, or nonprofessional services promptly or within the time specified and without delay;

(iv) The quality of vendor’s performance on previous purchases or contracts; and

(v) The vendor’s responsiveness.

(b) Purchase Ord er or Written Contract Required. Purchases of supplies, equipment, and services of $10,000 or more shall be made only by written purchase order or by written contract.

(c) Emergency Pur chases. In the case of an emergency regarding a non-public project as defined in § 2-206, the Purchasing Agent may determine to proceed with the immediate purchase of goods, supplies, equipment, materials, or services. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. Such immediate purchase of goods, supplies, equipment, materials, or services still requires the standard terms and conditions for written purchase orders or written contracts.

(1) If t
he dollar amount is within the City Manager’s authority, the Purchasing Agent shall promptly file with the City Manager a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures.

(2) If the dollar amount is above the City Manager’s authority, the Purchasing Agent shall at the next regular meeting of the Council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action, together with an itemized account of all expenditures.

(d) Prohibition Against Piecem ealing, Splitting or Separating Purchases. It is impermissible to split or separate purchases of materials, supplies, equipment or 265
serv
ices for the purpose of evading the provisions of the procedures for specific amounts set forth above.

§ 2-206 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES FOR PUBLIC PROJECTS.

(a) California Uni
form Public Construction Cost Accounting Act adopted. On March 19, 2015, the City Council adopted Resolution No. 4535 electing to become subject to the Ca lifornia Uniform Public Construction Cost Accounting Act (UPCCAA) as authorized under the California Public Contract Code §§ 22000 et seq. O n April 2, 2015 pursuant to Ordinance No. 1157 prescribing regulations governing contracts awarded by the city for public projects. The City Council . hereby re-reaffirms its election to be subject to the UPCCAA and hereby adopts regulations for its implementation. Nothing contained herein shall preclude the city from utilizing more restrictive procedures if and when required by federal or state law, or when federal or state funds are involved in the contract to be awarded and the funding agency requires more restrictive procedures.

(b) Definitions of Terms. As used in this section, the words, terms, and phrases shall have the following meanings, as defined in Cal. Public Contract Code § 22002, unless otherwise apparent from the context:

FACIL
ITY. Means any plant, building, structure, ground facility, real property, street, highway, or other public work improvement.

MAINTENANCE WORK. The term “ maintenance work ” does not constitute a “public project” under the definition of “public project” in this section. The term as used herein does include the following:

(i) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

(ii) Minor repainting;

(iii) Resurfacing of streets and highways at less than one inch;

(iv) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and

(v) Work performed to keep, operate, and maintain city-owned water and wastewater systems.

266
PUBLI
C PROJECT. The term “public project” means any of the following but does not include “maintenance work” as defined above:

(i) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility;

(ii) Painting or repainting any publicly owned, leased, or operated facility;

(c) Dollar Am ount of Public Project Determines Process to be Used. The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Cal.

Public Contract Code §§ 22020 et seq., without the necessity of amending this section or any division herein to reflect any such adjustment.

(1) Publi
c projects of $75,000 or less may be performed by city employees by force account, by negotiated contract or by purchase order.

(2) Public projects of $220,000 or less may be let to contract by informal bidding procedures as set forth in §2-206(d)(2) below.

(3) Public projects of more than $220,000 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in §2-206(d)(3) below.

(d) Procedures to be Used for Contracts Regarding Public Projects.

(1) No Bidding R equi
red. Per Cal. Public Contract Code § 22032, public
projects of $75,000 or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order consistent with the procedures in § 2-205. Such contracts may be approved and executed by City Manager or designee.

(2) Informal Bi dding P rocedures. Public projects of $75,000.01 to $220,000 shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Cal.

Public Contract Code §§ 22034 et seq., as follows:

(i) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Cal. Public Contract Code § 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting
Commission.

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(ii) No
tice Invi ting Informal Bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten days before bids are due, to either all the contractors on the contractors list for the category of work to be bid or to all construction trade journals specified in the Cal.

Public Contract Code § 22036, or both, unless the product or service delivery is proprietary.

(iii) The in
formal bids for public projects shall be awarded by the City Council and signed by the Mayor or by City Council designee.

(iv) If all bids received are in excess of $220,000, the City Council may, by adoption of a resolution of four-fifths vote of the members of the Council, award the contract, at $212,500 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(3) Formal Bi dding Procedures. Public projects of more than $220,000 shall be awarded pursuant to formal bidding procedures to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.

(i) Notice Invi ting Formal Bids. The following are required:

1. Contents of Notic
e. Notice inviting formal bids shall state
the time and place for the receiving and opening of sealed bids and distinctly describe the project.

2. Publication of N otice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Cal.

Public Contract Code § 22037.

3. Electronic Tra nsmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all
construction trade journals as required by the Commission as specified in Cal. Public Contract Code § 22036. The
notice shall be sent at least 15 calendar days before the date of opening the bids.

4. Registration of Contractors and Subcontractors . Per Cal .

Labor Code § 1771.1, the notice must state that a contractor 268
or s
ubcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under Cal. Labor Code § 1725.5.

(ii) Instructions to Bidders. The not ice inviting formal bids should also identify the contract documents to be considered, the availability of information, any scheduled pre-bid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.

(iii) Bid Pack age. The bid package should include the following:

1. The proposal form;

2. Submission of sealed bids;

3. A public bid opening;

4. Award to the lowest, responsive and responsible bidder;

5. City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities;

6. Award and execution of a written contract;

7. Reference to applicable state or federally funded project requirements;

8. Bid security;

9. Performance and payment bonds; and

10. Listing of subcontractors.

(e) Authority to Prep are a nd Issue Notice Inviting Bids. The Purchasing Agent or designee is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures which must be consistent with those stated herein.

(f) Prohibition Against Splitting or S eparating Projects. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this Purchasing Ordinance requiring work to be done by contract after competitive bidding. Under Cal. Public Contract Code § 22033, “ It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.”
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(g) City
Counc il Authority to Reject, Re-Advertise, or Otherwise Award. In its discretion, the City Council may reject any and all bids presented under the informal and formal bidding procedures described above for public projects, if the city, prior to rejecting all bids, furnishes a written notice to the apparent low bidder.

The notice shall inform the bidder of the city’s intent to reject the bid and shall be mailed or emailed at least two business days prior to the Council meeting at which the city intends to reject the bid. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

(1) Abandoni
ng the project or re-advertising for bids in the manner described in this section;

(2) By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by the employees of the city, the city may have the project done by force account without further complying with this section;

If the contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

If no bids are received through the informal or formal bidding procedures described above, the project may be performed by employees of the city by force account or by negotiated contract as authorized by Cal. Public Contract Code § 22038.

(h) Emergency. In case
of an emergency regarding a public project which requires formal bidding procedures, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Cal. Public Contract Code § 22050.

The term
“Emergency” as used in this section means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

(i) Written cont racts required. All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager or his or her designee shall work with the City Attorney to ensure that the contract includes language protecting the city’s interest and language required by law. This language shall include, but is not limited to, specified term, scope of services, termination language, insurance, warranties, indemnification, non-collusion, contractor license, security, bonds, liquidated damages, change orders, retention, delays, claims process, prevailing wages, and compliance with applicable laws. 270

(j) C
hange order limits for public projects. The award of contracts for public projects shall include a recommended contingency amount not to exceed 15%. Any change order must be reasonably related to the scope of the original contract and based on post-award information that requires modification based on unforeseen conditions or by mutual agreement of the parties. Any change order which results in a total contract amount greater than the limits in this provision shall require City Council approval.

§ 2-207 EXCEP
TIONS: COOPERATIVE PURCHASING AGREEMENTS AND
PIGGYBACK PURCHASES.

(a) Cooperative Purchasing. The city , through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:

(1) The sel
ected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and

(2) The Purchasing Agent determines that the competitive bidding or proposal process utilized is similar to that contained in this Ordinance; and

(3) The Purchasing Agent determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the city pursuant to this Ordinance.

(b) Piggyback Purchasing. The city m ay utilize the purchasing practice commonly referred to as “piggyback” purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services without complying with the bidding or proposal procedures in this Ordinance from any supplier who offers the supplies, equipment, or services at the same or better price, terms, and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:

(i) The c
ompetitive bidding or proposal process required by that city or other public agency is similar to that contained in this Ordinance; and

(ii) The competitive bidding or proposal process required by that city or other public agency included all known bidders; and
271

(iii) The
supplier’s bid or proposal was for like or greater quantities, and a like or greater quality, of supplies, equipment, or services.

(c) Information Te chnology Goods and Services. In accordance with Cal. Public Contract Code § 10299, the city, through the Purchasing Agent may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology, and services under the competitive process in Cal. Public Contract Code §§ 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The city may make these purchases directly from the vendors or the state may provide assistance to the city in making these acquisitions.

§ 2-208 SOL
E SOURCE PURCHASES.

(a) In the event that there is one, and only one, source for a product of $10,000 or more, a sole-source purchase may be used. When a department wishes to make a sole- source purchase, it must make the findings set forth below in writing and file such certification with the Purchasing Agent for the Purchasing Agent’s approval. In order to establish a legal basis for a sole-source exception, the following statements and findings must be made:

(1) A statement describing every unique or specialized feature of the product in question;

(2) A statement of the D epartment Director’s, or designee’s, efforts to locate all possible suppliers of such product;

(3) A statement that, in spite of its efforts, the Department Director, or designee, has been able to locate only one supplier of the product in question;

(4) A statement that indicates the ultimate cost of the product and the process used to determine the cost of the product;

(5) A finding that it is, therefore, proper for the city to dispense with a competitive bidding requirement and to authorize the city to purchase the product in question under the sole-source exception; and/or

(6) A dis
closure statement of the D epartment Director, or designee, and each individual involved in evaluating and/or in making a recommendation for the purchase.

272
(b) If
the purchase exceeds the City Manager’s, or designee’s, monetary authority to contract, a resolution making the findings set forth above must be submitted with the staff’s request for award of a sole-source contract by the City Council.

(c) As used in this section the term “designee” means a person in the department authorized in writing by the Department Director to make said statements and findings.

§ 2-209 PREVAILING WAGES AND PUBLIC WORKS PROJECTS.

(a) This section applies to prevailing wages under local and state law. The requirements for prevailing wages under the federal Davis-Bacon Act are separate and should be reviewed separately as required by applicable federal funding sources. Under Cal.

Labor Code § 1771, all work performed under contract for “public works” projects of more than $1,000 shall be subject to prevailing wages. The Cal. Labor Code defines the term “public works project” broader than the Cal. Public Contract Code defines “public project” as per § 2-206 above. There may be instances in which bidding is not required but payment of prevailing wages is required.

(b) PUBLIC WORKS PROJECT for the purpose of state prevailing wages means:

(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part from city funds. For purposes of this division, CONSTRUCTION includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. For purposes of this division, INSTALLATION includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems;

(2) The l
aying of carpet done under a building lease-maintenance contract and paid for out of public funds;

(3) Street, sewer, or other improvement work done under the direction and supervision of the city;

(4) Hauling refuse from a public works site to an outside disposal location; or

(5) Maintenance work, including routine, recurring, and usual work for the preservation of a city-owned or operated facility, and landscape maintenance work per Cal. Labor Code § 1771.

273
(d) The C
ity Manager is authorized to establish guidelines for implementing prevailing wages requirements that are consistent with this section and with the Cal. Labor Code.

(e) The City Manager shall designate a person to comply with the contractor registration requirements on all contracts requiring prevailing wages.

§ 2-210 REQUESTS FOR PROPOSALS AND REQUESTS FOR QUALIFICATIONS.

Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements. Such procurements may include consulting services, professional services, and maintenance services as described in this section.

(a) Use of RFP or R
FQ. If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement.

For example, an RFP is generally the preferred option for project- based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on- call professional or consulting services where there is not a single, defined project and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered).

(b) RFP/RFQ Requi red.

(1) Architectural and Engineering Services. Per Cal. Gov’t Code § 4529.12, all architectural and engineering services shall be procured pursuant to a fair, competitive selection process. Therefore, an RFP/RFQ process must be followed. The term “ architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services (see Cal. Gov’t Code § 4529.10).

(2) Design-Build. An R
FQ and RFP must be used for design-build procurement
under Cal. Public Contract Code §§ 22160 et seq. and as authorized in § 2-212 of this Ordinance.

(3) Funding Source Requirement. The city s hall comply with county, state, or federal funding source requirements for use of an RFP/RFQ.

(4) Master Serv ice Agreements. Master service agreements may be entered into with specific vendors for support services on an “as needed” basis pursuant to an RFP process.

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(c) RFP
/RFQ Not Required.

(1) Professional/Consultant Servi ces. The city may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required, and at a fair and reasonable price to the city. To obtain the best competitive value for services, the city may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost, and immediate needs as determined by the City Manager.

(2) Routine Supplies/Equipment. Pro curement of routine supplies or equipment where best price is the only objective, there is no need to use an RFP/RFQ.

A clear and specific request for price quotes or informal bidding requirements per § 2-205 of this Code is often the most efficient procurement method for obtaining the best price for goods except that factors other than low price may be considered. However, the city may choose to use an RFP/RFQ process.

§ 2-211. CONF
LICT OF INTEREST.

No person shall recommend, participate in any contract evaluation, selection, purchase, or lease which would constitute a conflict of interest defined in the city Conflict of Interest Code or applicable state law.

§ 2-212. DESIGN BUILD EXCEPTION.

Nothing in this Purchasing Ordinance shall preclude the city from utilizing the design-build project delivery method where authorized by and in accordance with the provisions set forth in Cal. Public Contract Code § 22160 et seq., as it may be amended from time to time.

§ 2-213. SURPLUS SUPPLIES AND EQUIPMENT

(a) Definitions.

(1) “ Surplus city property” means supplies or equipment belonging to the city which are no longer used or which have become obsolete or worn out or which are otherwise of no further use.

(2) “ Immediate family” means the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. 275

(b) Dut
y to report surplus equipment and supplies . D epartments shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this Ordinance.

(c) Disposal required. The
purchasing agent shall determine if any surplus city property can be used by any department of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies.

(d) Manner of disposal.

(1) If the surplus city property which is not required for city use has been assigned an estimated market value of less than one thousand dollars by the purchasing agent, it may disposed on the open market without advertising for bids.

(2) If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property:
(i) Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; (ii) Through participation in an auction;
(iii) Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor e, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (B)(1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority;
(iv) Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s).

(3) The amount received for any property sold pursuant to this Ordinance shall be deposited in the city's general fund.

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(e) City
personnel and immediate family members prohibited from purchasing . No city officer or employee or any member of the immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this Ordinance.

SECTION 3. Calif
ornia Environmental Quality Act. This Ordinance is exempt from the California Environmental Quality Act (CEQA) under § 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 5. Eff ective Date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 6. Publi cation. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Sanger, pursuant to all legal requirements.

The for
egoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on ______________________, and was passed and adopted at a regular meeting of the City Council held on _________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

___________________________ ___________________________ Corina Tamez, City Clerk Frank Gonzales, Mayor
City of Sanger City of Sanger

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Prepared by: Michelle Speer Approved by: Nathan C Olson

REVIEW: City Manager: NCO Finance: MS City Attorney:

TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Informational Item
X Action Item
Department Report

Public Hearing
Matter Initiated by a Council Member
Other:

Continued to:

For the Meeting of: November 21, 2024

Agenda Item No.: H-2

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager

Subject: Memorandum of Understanding between the City of Sanger and Sanger Firefighters Association
Attachments: Memorandum of Understanding

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve the Memorandum of Understanding (MOU) between the City of Sanger and Sanger Firefighters Association (Association) for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

EXECUTIVE SUMMARY:

The MOU between the City of Sanger and Sanger Firefighters Association expired on June 30, 2024. The City’s negotiating team and representatives of the Association have participated in the formal process of negotiating terms and conditions of employment for a new MOU.

BACKGROUND:

The parties have reached agreement for a one-year MOU and Association membership ratified the tentative MOU on August 27, 2024.

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The new MOU is attached showing additions and deletions in strike-out mode. Listed below is a summary of changes to the MOU.

1. The term of the MOU is one year, beginning July 1, 2024 and ending June 30, 2025.

2. Changes position title of “Non -Safety Emergency Medical Technician (Paramedic)” to “Non - Safety Paramedic”. (Article 1)

3. Increases Life Insurance Plan from $10,000 to $50,000. (Article 11)

4. Adds Christmas Eve as a paid holiday (non-shift employees) or 12 hours of additional holiday leave (shift employees). (Article 13)

5. Incorporates language from the side letter regarding Juneteenth holiday. (Article 13)

6. Eliminates the word “babysitting” for non-approved sick leave. (Article 16)

7. Establishes a 5% salary increase effective July 1, 2024. (Article 23)

8. Confirms the commission of a classification and compensation study. (Article 37)

9. Establishes agreement to form a joint committee of City representatives and Association members to research implementation of a mental health program and a cancer screening plan. (Article 38)

10. Eliminates all irrelevant and non-applicable language and/or language inconsistent with current law.

11. Other technical or clarifying edits.

REASON FOR RECOMMENDATION:

Representatives of the Association and the City’s negotiating team have negotiated terms and conditions of employment for a one-year MOU.

FISCAL IMPACT:

The negotiated items will result in an increase of approximately $138,500.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

If approved, the City Manager will execute the Memorandum of Understanding and the agreed upon terms and conditions will be implemented.

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Sanger City CouncilNovember 21, 2024

Sanger City Council
November 21, 2024