alcohol to minors within our community and to ensure that licensed establishments operate in accordance with the law.
This grant will enable the department to conduct several proactive enforcement operations focused on alcohol-related violations. These include minor decoy operations, which identify and address businesses that sell alcohol to underage individuals; shoulder-tap operations, which target adults who purchase alcohol for minors; and business compliance checks, which ensure adherence to Alcohol Beverage Control regulations. In addition to enforcement, the department will also emphasize community education and awareness about the dangers of underage drinking and the responsibility of alcohol license holders.
Through these focused efforts, the Yuba City Police Department seeks to reduce youth access to alcohol, promote public safety, and strengthen partnerships with local businesses and community members. The Department of Alcohol Beverage Control (ABC) has designed this program and its funding to supplement, rather than replace, regular police operations, thereby expanding our capacity to address alcohol-related issues and improving the overall quality of life within the community.
Fiscal Impact:
The City will be reimbursed $30,000 from the California Department of Alcohol Beverage Control (ABC). No matching funds are required for this grant. Funds will be drawn down through Account No. 2140-61450 ($30,000) for personnel overtime costs for direct costs associated with the grant.
Also, the offsetting revenue ($30,000) to 100-43495 that will be reimbursed to the City through grant invoicing.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives.
Recommendation:
A. Adopt a resolution authorizing the Chief of Police to accept $30,000 in grant funding from the 2025/2026 Alcohol Policing Partnership (APP) Program Grant from the Department of Alcohol Beverage Control and approve expenditure recommendations B. Authorize a supplemental appropriation in the amount of $30,000 to Account No. 2140-61450.
Attachments:
1. RESOLUTION
2. GRANT AGREEMENT
Prepared By: Submitted By:
David Santanna
Lieutenant
Robert Bendorf
Interim City Manager
Agenda Item
ATTACHMENT 1
RESOLUTION NO. ___________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ALCOHOL POLICING PARTNERSHIP (APP) PROGRAM.
WHEREAS, the City of Yuba City desires to undertake a project designated as the Alcohol Policing Partnership (APP) Program to be funded in part from funds made available through the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, the City recognizes that the APP Program provides $30,000 in grant funding opportunities to enhance enforcement efforts relating to alcohol and tobacco issues within the community; and
WHEREAS, the City Council of the City of Yuba City finds it in the best interest of the community to accept the $30,000 in grant funding made available by ABC for the purpose of carrying out the APP Program; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Accepts the $30,000 grant award from the Department of Alcoholic Beverage Control to support the Alcohol Policing Partnership Program.
SECTION 3. The City Manager or their designee is hereby authorized to execute on behalf of the City Council, the attached agreement with the Department of Alcoholic Beverage Control, including any extensions or amendments thereof and any subsequent agreement with the State in relation thereto.
SECTION 4. It is agreed that any liability arising out of the performance of this agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.
SECTION 5. It is also agreed that this award is not subject to local hiring freezes.
BE IT FURTHER RESOLVED, that funds received hereunder shall not be used to supplant expenditures controlled by this body.
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council at a regular meeting thereof held on the 18th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CIARA WAKEFIELD, City Clerk
CITY OF YUBA CITY
By:
Dave Shaw, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
2. The term of this Agreement is:
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
EXHIBIT A
SCOPE OF WORK
Purpose and Description of Services
Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
• Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant. • Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
• Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
• Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
Holidays shall be defined as:
o Halloween – Friday, October 31 to Sunday, November 2, 2025 o Thanksgiving – Wednesday, November 26 to November 30, 2025 o New Year’s Eve – Wednesday, December 31, 2025
o St. Patrick’s Day – Friday, March 13 to Tuesday, March 17, 2026 o Cinco de Mayo – Friday, May 1 to Tuesday, May 5, 2026 o Memorial Day Weekend – Friday, May 22 to Monday, May 25, 2026 o 4th of July – Friday, July 3 to Sunday, July 5, 2026
The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.
In addition, contractor agrees to the following goals:
• Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
• Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
• Issue press releases as follows:
o To announce the start of the program
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.
• Email each press release to the Department’s Public Information Office, [email protected] as soon as it is released.
• In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”
• Complete and submit bi-monthly reports, in a format designed by ABC due no later than the following:
o On or before January 15, 2026 (with results of operations October, November & December 2025)
o On or before March 15, 2026 (with results of operations January & February 2026) o On or before May 15, 2026 (with results of operations March & April 2026) o On or before July 15, 2026 (with results of operations May & June 2026) o On or before September 15, 2026 (With results of operations July & August 2026) • Submit an Executive Summary as part of the final report due on or before September 15, 2026.
The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
Contract Term
The operation period of the grant is October 1, 2025 through August 31, 2026 Project Representatives
The project representatives during the term of this agreement will be:
Yuba City Police Department Alcoholic Beverage Control
Jedsen Nunes Diana Fouts-Guter, Grant Coordinator
PO Box 3447 3927 Lennane Drive, Suite 100
Yuba City, CA 95992 Sacramento, CA 95834
(530) 822-2049 (916) 928-9807
[email protected] [email protected]
Yuba City Police Department Alcoholic Beverage Control
Michelle Brazil Kristine Okino, Grant Fiscal Analyst
PO Box 3447 3927 Lennane Drive, Suite 100
Yuba City, CA 95992 Sacramento, CA 95834
(530) 822-2058 [email protected]
[email protected]
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
INVOICING AND PAYMENT
• For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.
• Invoices shall clearly reference the agreement number 26-OTS127 and must not exceed the total authorized contract amount of $30,000. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
• This grant is only for overtime compensation on approved operations and travel for training held on October 16, 2025 only.
• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 16, 2025. https://www.calhr.ca.gov/about-calhr/divisionsprograms/benefits/travel-reimbursements/ • Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice. • Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2025 and on or before the project termination date, August 31, 2026.
• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.
BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.
PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter ,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to over charges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.) b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Agreement Number: 26-OTS127
City of Yuba City through the Yuba City Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor.
The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-ListFolder/Standard-Contract-Language If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.
Agenda Item 17
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Public Works Director
Summary
Subject: Aquifer Storage and Recovery Well Project - Phase 2 (Award Contract) Recommendation: Adopt a Resolution which takes the following actions:
A. Rejects the bid submitted by Syblon Reid as non-responsive for failure to comply with the minimum fifty percent (50%) self-performance requirement specified in Section 00100, 18.0 of the Contract Documents B. Awards a construction contract to W.M. Lyles Co. of Rocklin, CA in the amount of their total bid of $5,304,500 for the Base Bid Schedule and authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney C. Awards a Professional Services Agreement to ICM Group, Inc. of Folsom, CA for Construction Management and Inspection Services during construction in the amount of $229,937, subject to material terms, with the finding that it is in the best interest of the City D. Awards a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor Compliance Services in the amount of $47,300, subject to material terms, with the finding it’s in the best interest of the City
E. Authorizes the Finance Director to make supplemental appropriations and budget transfers totaling $1,900,000 from Unallocated Water Funds, CIP Account No. 971098 (Capitalization Fund), and CIP Account No. 971224 (WTP Electrical & Instrumentation) to CIP Account No. 971320 (ASR System)
Fiscal Impact: $6,172,187 – Total Phase 2 project cost CIP Account No. 1320-65501 (Aquifer Storage and Recovery Well Project)
$5,304,500 – Contract Award Amount
$530,450 – Construction Contingency (10%)
$229,937 – Construction Management and Inspection Services (4.3%) $47,300 – Labor Compliance Services
$60,000 – Project Administration
Purpose:
To enhance water resources by securing groundwater access at the Water Treatment Plant and sustaining aquifers through recharge during periods of abundance.
Council’s Strategic Goals:
The project addresses the City Council’s Strategic Goal of Improving the City’s Infrastructure.
Background:
The California Department of Water Resources (DWR) has awarded the City a $6,325,000 grant for the construction of a new municipal well with Aquifer Storage and Recovery (ASR) capabilities through the Urban and Multibenefit Drought Relief Grant program (Grant Program). ASR wells are two-way systems that allow water to be injected from the surface into a groundwater aquifer and extracted from the groundwater aquifer to the surface.
On July 18, 2023, City Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers for environmental documentation, permitting, and engineering services for the ASR Well Project.
To properly design the well’s above-ground facilities, the project is being completed in two phases, below-ground (Phase 1) and above-ground (Phase 2), similar to the Second Groundwater Well project.
Phase 1 has been completed and involved drilling approximately 500 feet below ground and installing below ground equipment, such as well casing and filter pack. Phase 2 involves construction of aboveground facilities including a concrete pad, shade structure, piping, a pump and motor, and electrical equipment.
The project has faced significant funding and schedule challenges since its inception. The initial engineer’s estimate provided in June, 2024 indicated a total construction cost of about $11.1 million, far exceeding the $4.15 million in grant funding available for the construction phase. In response, staff worked with Carollo to value engineer the project and substantially scale back the design, which resulted in a revised construction cost estimate of $7.9 million. The Phase 1 construction experienced delays due to material shortages, which in turn delayed the completion of the Phase 2 design. Staff further anticipate long lead times for electrical equipment required to construct Phase 2.
The Grant Program has a hard deadline to complete projects and spend funds by March 31, 2026, and DWR will not extend that deadline. As a result, staff coordinated with DWR and Carollo to split Phase 2 into two different subphases: Interim Recharge Phase (2.1) and Extraction Equipping Phase (2.2). This is anticipated to help maximize grant eligibility and reimbursement within the grant’s deadlines and manage schedule risks with more flexibility.
The Interim Recharge Phase will construct just the infrastructure necessary to allow the well to inject potable water into the groundwater aquifer. This phase will utilize most of the remaining grant funds available for construction. The schedule is aggressive, but staff and Carollo believe it is possible to construct this phase prior to the DWR grant deadline.
The Extraction Equipping Phase consists primarily of long lead time equipment and construction of the remaining facilities necessary for the well to have extraction capabilities. This phase is not required to be completed prior to the DWR grant deadline.
Analysis:
The Well Equipping phase (Phase 2) of the Aquifer Storage and Recovery Well No. 3 Project was
advertised for bids beginning October 8, 2025. Plans and Specifications were posted on Public Purchase. The specifications contained a Base Bid Schedule that is inclusive of both subphases and an Alternate Bid Schedule that includes just the Interim Recharge Phase. On November 5, 2025 seven (7) bids were received and opened by the City Clerk. A list of the bids received for each bid schedule and the Engineer’s Estimate are shown below:
Company Base Bid Schedule Amount
Engineer’s Estimate $7,500,000.00
TNT Industrial Contractors, Inc. $7,250,000.00
Steve P. Rados, Inc. $5,666,400.00
Myers & Sons Construction, LLC. $6,180,000.00
Lorang Brothers Construction, LLC. $5,555,532.00
Auburn Constructors, LLC. $5,603,300.00
W.M. Lyles Co. $5,304,500.00
Syblon Reid General Engineering Contractors $4,978,450.00 Company Alternate Bid Schedule Amount
Engineer’s Estimate $1,600,000.00
TNT Industrial Contractors, Inc. $1,670,000.00
Steve P. Rados, Inc. NO BID
Myers & Sons Construction, LLC. $1,416,000.00
Lorang Brothers Construction, LLC. $790,164.00
Auburn Constructors, LLC. $1,035,000.00
W.M. Lyles Co. $636,500.00
Syblon Reid General Engineering Contractors $695,448.00 Syblon Reid submitted the apparent low bid; however, Section 00100, 18.0 Work Percentages of the Bid and Contract Documents requires that the prime contractor perform a minimum of fifty percent (50%) of the Contract Total Base Bid Amount with its own forces. The Contract further states that the self-performance requirement is a material term of the Contract and is not subject to waiver or adjustment after bid opening.
Work Percentage Requirements:
Syblon Reid’s required Section 00430 Designation of Subcontractors form identifies subcontractors performing 52.13% of the total bid value. This leaves up to 47.87% of the work to be performed by the prime contractor, which is below the minimum 50% self-performance requirement. Following bid opening, Syblon Reid acknowledged this condition and indicated that scope and procurement assignments could be adjusted to increase the self-performed portion of work. However, under the Subletting and Subcontracting Fair Practices Act (Public Contract Code §4100 et seq.), subcontractor participation may not be revised after bid opening, except under limited statutory substitution circumstances that do not apply here. Public bidding law requires that the City evaluate bids as submitted to maintain the fairness and integrity of the competitive bidding process.
Since the self-performance requirement is a material contract requirement, the City must treat Syblon Reid’s bid as non-responsive. Therefore, Syblon Reid’s bid is hereby rejected in accordance with the Contract Documents and applicable provisions of the Public Contract Code. The second low bidder, W.M. Lyles Co., listed 47.1% subcontracted work and 52.9% self-performance, thereby meeting the self-performance requirement. W.M. Lyles has been evaluated and found to be the lowest responsive and responsible bidder.
Accordingly, staff recommends rejecting the bid submitted by Syblon Reid as non-responsive and
awarding the contract to W.M. Lyles, the lowest responsive and responsible bidder.
Award Options:
The options to move the project forward are 1. Provide additional Water Funds and award the Base Bid, or 2. Reject the Base Bid and Award the Alternate Bid Schedule. Staff recommends awarding the Base Bid Schedule to W.M. Lyles Co. of Rocklin, CA is the low, responsible, and responsive bidder for the Base Bid Schedule.
Construction Management and Inspection:
Construction of the Base Schedule involves time-sensitive and complex construction activities that require full-time inspection to minimize construction delays and represent the City against potential construction claims. The inspection needs of this project exceed City staffing levels, especially considering all of the other planned capital improvement, development projects, and encroachment permits.
Staff requested a proposal from Inferrera Construction Management Group, Inc. (ICM) to provide construction management and inspection services for the project. ICM is highly qualified and has a proven track record of providing inspection services on large and complex utility projects, including the City’s Second Groundwater Well Project, WWTF Improvements Project, Lift Station 2 Improvements Project, Garden Highway Trunk Line Rehabilitation Project, and Bogue Road Sewer Extension Project.
Additionally, ICM is extremely familiar with the City’s infrastructure, has been the selected consultant through traditional requests for proposals in the past, and its billing rates are competitive with the industry. Staff recommend entering into a Professional Services Agreement with ICM in the amount of $229,937 which includes a 15% contingency ($199,945 + $29,992) to account for potential extra work due to time-sensitive work requiring overtime. The City will be billed for actual costs.
Labor Compliance:
Staff recommends contracting with the City’s approved professional labor compliance consultant, The Solis Group, for labor compliance services in order to comply with DWR funding terms, in the amount of $47,300, to cover additional contract extensions as required during construction.
Contract administration will be performed by Public Works Department staff.
Fiscal Impact:
The total construction cost for the Base Bid Schedule for Phase 2 of the project is approximately $6,172,187, which consists of the following components:
Construction Contract: $5,304,500
Construction Contingency (10%): $530,450
Construction Management and Inspection: $229,937
Labor Compliance $47,300
City Administration (1%) $60,000
Total: $6,172,187
The project will be funded through CIP Account No. 1320-65501 (Aquifer Storage Recovery Well).
Currently, this account has a balance of $6.3 million consisting of $2.5 million in DWR grant funds and $3.8 million in local Water Funds. The Interim Recharge Phase portion of the project is estimated to require up to $536,991 to complete. Therefore, nearly $2 million of the current account balance is unavailable because it consists of grant funds that will unfortunately go unused.
The Extraction Equipping Phase of the project is estimated to require up to $5,635,196 to complete with $3.8 million in local Water Funds available. To fully fund the Extraction Equipping Phase, staff reviewed
various fund and CIP Account balances to determine if any funding is available to transfer into CIP Account No. 971320-65501. Staff recommends the following transfers:
Fund/CIP Account Name Available Recommended
Transfer
517 Unallocated Water
Reserve Fund
$1,335,474.61 $325,000
971098 Capitalization Fund $775,000 $575,000
971224 WTP Electrical and
Instrumentation
Improvements
$4,293,083.35 $1,000,000
Total $1,900,000
Staff is therefore requesting authorization for the Finance Director to make supplemental appropriations and budget transfers using Unallocated Water Funds, CIP Account No. 971098 (Capitalization Fund), and CIP Account No. 971224 (WTP Electrical & Instrumentation) totaling $1,900,000 to CIP Account No. 971320-65501. Any unused funds will be returned to unallocated Water Funds at closeout of the project.
Environmental:
A Mitigated Negative Declaration (MND) (SCH # 2024120737) was previously prepared and adopted for this project. There have been no substantial changes or other factors affecting the validity of the MND. As a result, no further environmental analysis is required by the California Environmental Quality Act.
Alternatives:
1. Award the Alternate Bid Schedule work to W.M. Lyles Co. in the amount of $636,500, plus a 10% contingency.
2. Do not award the Professional Services Agreement to the ICM Group, Inc. and provide directions to staff for procuring the needed construction inspection services.
3. Rejecting bids is not a reasonable option as it would result in the City having to repay approximately $3,800,000 in grant funds previously received for the design and construction performed to date.
Recommendation:
Adopt a Resolution which takes the following actions:
A. Rejects the bid submitted by Syblon Reid as non-responsive for failure to comply with the minimum fifty percent (50%) self-performance requirement specified in Section 00100, 18.0 of the Contract Documents.
B. Awards a construction contract to W.M. Lyles Co. of Rocklin, CA in the amount of their total bid of $5,304,500 for the Base Bid Schedule and authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.
C. Awards a Professional Services Agreement to ICM Group, Inc. of Folsom, CA for Construction Management and Inspection Services during construction in the amount of $229,937, subject to material terms, with the finding that it is in the best interest of the City.
D. Awards a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor
Compliance Services in the amount of $47,300, subject to material terms, with the finding it’s in the best interest of the City.
E. Authorizes the Finance Director to make supplemental appropriations and budget transfers totaling $1,900,000 from Unallocated Water Funds, CIP Account No. 971098 (Capitalization Fund), and CIP Account No. 971224 (WTP Electrical & Instrumentation) to CIP Account No. 971320 (ASR System).
Attachments:
1. Resolution - Well Equipping Phasing Award
2. Resolution - Exhibit A - Construction Agreeement
3. Resolution - Exhibit B - ICM Agreement
4. Resolution - Exhibit C - Solis Group Agreement
Prepared By: Submitted By:
William Jow
Assistant Engineer
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REJECTING
THE BID SUBMITTED BY SYBLON REID AS NON-RESPONSIVE, AWARDING A CONSTRUCTION CONTRACT TO W.M. LYLES CO. IN THE AMOUNT OF $5,304,450.00, APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION INSPECTION SERVICES TO INFERRERA CONSTRUCTION MANAGEMENT GROUP, INC. IN THE AMOUNT OF $229,937, APPROVE A
PROFESSIONAL SERVICES AGREEMENT FOR LABOR COMPLIANCE SERVICES TO THE SOLIS GROUP IN THE AMOUNT OF $47,300 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT AND AGREEMENTS ON BEHALF OF
THE CITY FOR THE SECOND PHASE OF THE WTP AQUIFER STORAGE AND RECOVERY WELL NO. 3 PROJECT
WHEREAS, the City of Yuba City (City) advertised for bids for the second phase of the City’s WTP Aquifer Storage and Recovery Well No. 3 Project (Project); and WHEREAS, in response to the advertisement, the City received seven (7) bids for the project. Below are the Base Bid Schedule amounts:
TNT Industrial Contractors, Inc. $7,250,000.00
Steve P. Rados, Inc. $5,666,400.00
Myers & Sons Construction, LLC. $6,180,000.00
Lorang Brothers Construction, LLC. $5,555,532.00
Auburn Constructors, LLC. $5,603,300.00
W.M. Lyles Co. $5,304,500.00
Syblon Reid General Engineering Contractors $4,978,450.00; And
WHEREAS, in response to the advertisement, the City received seven (7) additional bids for the project’s Alternate Bid Schedule. Below are the Alternate Bid Schedule amounts:
TNT Industrial Contractors, Inc. $1,670,000.00
Steve P. Rados, Inc. NO BID
Myers & Sons Construction, LLC. $1,416,000.00
Lorang Brothers Construction, LLC. $790,164.00
Auburn Constructors, LLC. $1,035,000.00
W.M. Lyles Co. $636,500.00
Syblon Reid General Engineering Contractors $695,448.00; And
WHEREAS, the City Public Works Department has reviewed the Base Bid and Alternate Bid Schedule amounts with the City Utilities Department and the City Utilities Department is recommending award of the Base Bid Schedule; and WHEREAS, the City publicly advertised for bids for the WTP Aquifer Storage and Recovery Well No. 3 Project in accordance with applicable provisions of the Public Contract Code and the Contract Documents; and
WHEREAS, Syblon Reid submitted the apparent low bid for the Base Bid Schdule; and
WHEREAS, Section 00100, 18.0, Work Percentages, of the Contract Documents requires that the prime contractor perform a minimum of fifty percent (50%) of the Contract Total Base Bid Amount with its own forces; and
WHEREAS, the Contract further specifies that the self-performance requirement is a material term of the Contract and is not subject to waiver or adjustment after bid opening; and
WHEREAS, Syblon Reid’s required Section 00430 Designation of Subcontractors form identifies subcontractors performing 52.53% of the total bid value, leaving only
47.47% of the work to be performed by the prime contractor, which is below the minimum 50% self-performance requirement; and
WHEREAS, because the self-performance requirement is a material contract term, Syblon Reid’s bid must be treated as non-responsive in accordance with the Contract Documents and the Public Contract Code; and
WHEREAS, the second low bidder, W.M. Lyles, listed 47.1% subcontracted work and 52.9% self-performance, thereby meeting the 50% self-performance requirement; and WHEREAS, the City Public Works Department has reviewed the seven (7) Base Bid Schedule bids, and having examined W.M. Lyles Co. and its bid response, found it to be both the lowest qualified responsive and responsible bidder for the Base Bid Schedule; and
WHEREAS, the City desires to award the Base Bid Schedule bid to W.M. Lyles Co. to construct the Project; and
WHEREAS, the City desires to obtain professional construction inspection services to ensure that the Project is constructed in accordance with the approved plans, specifications, and applicable standards; and
WHEREAS, professional construction inspection services are necessary to verify compliance with design requirements, construction methods, material specifications, and quality control standards; and
WHEREAS, Inferrera Construction Management Group, Inc. (ICM Group) of Folsom, California, possesses extensive experience in providing construction inspection for complex public infrastructure projects; and
WHEREAS, ICM Group has successfully completed similar inspection assignments for water treatment facilities, pipelines, and related public works projects throughout the region and for the City; and
WHEREAS, ICM Group is uniquely qualified to perform construction inspection services for the Project due to its familiarity with water treatment plant infrastructure and City standards; and
WHEREAS, the City desires to award a Professional Services Agreement to ICM Group for the provision of professional construction inspection services for the Project; and
WHEREAS, the City desires to ensure that all work performed under the Project complies with applicable State and Federal labor laws, including prevailing wage requirements; and
WHEREAS, professional labor compliance services are necessary to monitor contractor and subcontractor compliance with all applicable labor regulations, certified payroll reporting, and related documentation; and
WHEREAS, the City seeks to obtain professional labor compliance services to assist in the administration and enforcement of labor standards for the Project; and WHEREAS, The Solis Group (TSG) of Pasadena, California, possesses extensive experience and expertise in providing labor compliance monitoring and consulting services for public works projects; and
WHEREAS, TSG has successfully provided similar services for numerous municipalities and public agencies throughout California, demonstrating a thorough understanding of prevailing wage laws and reporting requirements; and WHEREAS, the City desires to award a Professional Services Agreement to TSG to provide professional labor compliance services in connection with the Project.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Council previously prepared and certified an MND for the project. The MND identified the construction of a groundwater well on the project site. The award of a construction contract to effectuate the same does not change the environmental assessment of the MND. Further, the City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since the time of adoption of the MND no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or substantial increase in the severity of the previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds the construction of second phase of the WTP Aquifer Storage and Recovery Well No. 3 Project has already been fully assessed in accordance with CEQA, no
subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.
3. The City Council finds that based on the findings set forth above, the bid submitted by Syblon Reid is hereby rejected as non-responsive for failure to meet the minimum fifty percent (50%) self-performance requirement specified in Section 00100, 18.0 of the Bid and Contract Documents, and
4. The City Council of the City of Yuba City does hereby accept the other six (6) Base Bid Schedule bids received as noted in the Recitals above, finds that W.M. Lyles Co. is the lowest responsive and responsible bidder for the Base Bid Schedule, and awards the Construction Contract Agreement to W.M. Lyles Co. in the amount of its total Base Bid Schedule bid of $5,304,500.00 for the second phase of the WTP Aquifer Storage and Recovery Well No. 3 Project, subject to material terms.
Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subject to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
5. The City Council of the City of Yuba City awards a professional services agreement for construction inspection services to Inferrera Construction Management Group, Inc. in the amount of $229,937. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
6. The City Council of the City of Yuba City awards a professional services agreement for labor compliance services to The Solis Group in the amount of $47,300. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
7. The City Council of the City of Yuba City does hereby authorize the Finance Director to make supplemental appropriations totaling $1,900,000 from unallocated Water Funds, CIP Account No. 971098 (Capitalization Fund), and CIP Account No. 971224 (WTP Electrical & Instrumentation) to CIP Account No. 971320 (Aquifer Storage Recovery System).
8. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of November 2025.
AYES:
NOES:
ABSENT:
ATTEST:
Dave Shaw, Mayor
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
Exhibit A – (Draft) Agreement for the Construction of WTP Aquifer Storage and Recovery Well Project Phase 2 – Contract 22-09
Exhibit B – ICM Group, Inc. Professional Services Agreement Exhibit C – Solis Group Professional Services Agreement
October 2025 00510 - 1 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
SECTION 00510
AGREEMENT FOR THE CONSTRUCTION OF
WTP AQUIFER STORAGE AND RECOVERY WELL NO. 3 PROJECT
(Document will be retyped after Contract Award)
THIS AGREEMENT, made and concluded, in duplicate, this day of , 20 , by and between the City of Yuba City, a public entity in Sutter County, CA (hereinafter referred to as “Owner”), and , doing business as a California (Corporation/Partnership/Sole Proprietor), (hereinafter referred to as “Contractor").
RECITALS
WHEREAS, the Owner gave notice inviting bids to be submitted by (Insert Bid Date and Time here for Project Name and Project No. here) by published notice and/or posting in accordance with California Public Contract Code Section 20804 and other applicable law; and WHEREAS, Contractor, pursuant to the provisions of said Notice Inviting Bids submitted a Bid to the Owner and such Bid is attached hereto in its entirety and made a part hereof as Exhibit A; and WHEREAS, the Owner, by a majority vote of its Board of Directors on (Date) awarded to Contractor WTP AQUIFER STORAGE AND RECOVERY WELL NO. 3 PROJECT No. 22-09; and
WHEREAS, Contractor is ready, willing and able to complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings and all other terms and conditions of the Contract Documents; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Owner and Contractor agree as follows:
ARTICLE 1 – WORK
1.1 The Work. The Contractor shall furnish all labor, materials, tools, apparatus, equipment, insurance, bonds, special services and skill to construct and complete in good workmanlike and substantial manner the project entitled: WTP AQUIFER STORAGE AND RECOVERY WELL NO. 3 PROJECT No. 22-09 (“Work”) as specified or indicated in the Contract Documents.
1.2 Location of Work. The Work will be performed at the following location: 701 Northgate Drive, Yuba City, CA 95991.
ARTICLE 2 – OWNER’S REPRESENTATIVE(S) AND OWNER’S CONSULTANTS
2.1 Owner’s Representative. The Owner has designated (Construction Manager) to act as Owner’s Representative, who will represent Owner is performing duties and responsibilities and
EXHIBIT A
October 2025 00510 - 2 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
exercising Owner’s rights and authorities in the Contract Documents. Owner may change the individual(s) acting as Owner’s Representative(s), or delegate one or more specific functions to one or more specific Owner’s Representative at any time with notice and without liability to Contractor.
Each Owner’s Representative is a beneficiary of all Contractor obligations to Owner, including without limitation, all releases and indemnities.
2.2 Engineer. The Owner has designated Carollo Engineers, Inc. to act as Engineer. Engineer will assume all duties and responsibilities and have the rights and responsibilities assigned to the Engineer in the Contract Documents in connection with the completion of the Work. The Owner may assign all or part of the Owner’s Representative’s duties, rights and responsibilities to the Engineer. The Engineer is a beneficiary of all Contractor obligations to Owner, including without limitation, all releases and indemnities.
2.3 Construction Manager. The Owner has designated (Construction Manager) to act as Construction Manager. Construction Manager will assume all duties and responsibilities and have the rights and responsibilities assigned to the Construction Manager in the Contract Documents in connection with the completion of the Work. The Owner may assign, upon mutual agreement, all or part of the Owner’s Representative’s duties, rights and responsibilities to the Construction Manager.
The Construction Manager is a beneficiary of all Contractor obligations to Owner, including without limitation, all releases and indemnities.
ARTICLE 3 – CONTRACT TIMES
3.1 Time is of the Essence. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Agreement.
3.2 Commence Work. Contractor shall commence execution of the Work on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
3.3 Days to Achieve Contract Times. The Contractor shall diligently prosecute the work so that it shall be completed within the contract times specified in Section 00800-1.1, Times Allowed for Completion.
3.4 Liquidated Damages. The Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the contract times specified in Section 00800-1.1, Times Allowed for Completion. The amount of damages to be incurred by the Owner due to delay in completion is difficult, if not impossible, to precisely ascertain at the time of contracting. Therefore, in accordance with California law, Owner and Contractor agree that as liquidated damages for delay, Contractor will pay to the Owner liquidated damages in the amount set forth in Section 00800-1.2, Damages for Delays, per day for each and every calendar day that expires after the time for completion specified in Section 00800-1.1 Times Allowed for Completion, except as otherwise provided by extension of time pursuant to Section 00700-6.4, Time Extensions of the General Conditions.
October 2025 00510 - 3 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
ARTICLE 4 – CONTRACT PRICE
4.1 Contract Price Breakdown. The Owner will pay Contractor the Contract Price for completion of the Work in accordance with the Contract Documents as follows:
ITEM DESCRIPTION
ESTIMATED
QUANTITY UNIT
UNIT
PRICE TOTAL
1 Mobilization and Demobilization LS 1 $
2 Worker Protection and
Safety/Shoring
LS 1 $
3 Interim Recharge Facilities LS 1 $
4 Hot-Tap Connection to City Water
Main
LS 1 $
5 Monitoring Well Improvements LS 1 $
6 Site Work LS 1 $
7 Yard Piping and Mechanical LS 1 $
8 Well Building LS 1 $
9 ASR Well Equipping LS 1 $
10 Electrical and Instrumentation LS 1 $
11 PG&E Coordination and
Transformer Installation
LS 1 $
12 Well Backflush Pumping EA 2 $
13 All Remaining Work Not Included
Under Bid Items 1 Through 12
LS 1 $
TOTAL CONTRACT
AMOUNT
$
The above Total Contract Amount includes all allowances, if any, provided for in the Contract Documents.
The Contractor may substitute securities for the amounts retained by the Owner to ensure performance of the work in accordance with the provisions of Section 22300 of the Public Contract Code.
ARTICLE 5 – CONTRACTOR’S REPRESENTATIONS
5.1 Representations and Warranties. In order to induce Owner to enter into this Agreement, Contractor makes the following representations and warranties:
A. Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner
October 2025 00510 - 4 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.
B. Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, record drawings, drawings, products specifications or reports, available for bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00200, INFORMATION AVAILABLE TO BIDDERS, or which may appear in the Drawings. Contractor accepts the determination set forth in these Contract Documents of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
C. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
D. Contractor has given the Owner prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by District is acceptable to Contractor.
E. Contractor is duly licensed, organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.
F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.
G. Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contract Code §4100 et seq.:
Name of Subcontractor and
Location of Mill or Shop
Description of Subcontractor’s
Work
Subcontractor’s
License No.
October 2025 00510 - 5 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
ARTICLE 6 – CONTRACT DOCUMENTS
6.1 Contract Documents.
The Contract Documents consist of the following documents:
Notice Inviting Bids (Section 00020);
Instructions to Bidders (Section 00100);
Bid Form and Bid Schedule (Section 00300);
Designation of Subcontractors (Section 00430);
Agreement (Section 00510);
Performance Bond (Section 00530);
Payment Bond (Section 00535);
General Conditions (Section 00700);
Supplementary General Conditions (Section 00800);
General Requirements (Sections 01000 through 01999);
Technical Specifications (Section 02000 and all other Sections following); Contract Drawings;
Addenda (numbers ___ to____, inclusive;
Permits from other agencies as may be required by law;
Exhibits to this Agreement (enumerated as follows):
• Contractor’s signed Statement of Qualifications Affidavit attached as Exhibit A; • Accepted Contractor’s Bid attached hereto as Exhibit B; • Escrow Bid Document Certification (Section 00490) as Exhibit C; • Insurance Certificates and Endorsements as Exhibit D; The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
• Notice to Proceed (Section 00600);
• Field Directive(s);
• Change Order(s);
• Construction Change Directive;
• Field Order(s).
6.2 Not Contract Documents. There are no Contract Documents other than those listed in this Section 00510-6, Contract Documents. Section 00200, INFORMATION AVAILABLE TO BIDDERS and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided for in Section 00700, GENERAL CONDITIONS.
October 2025 00510 - 6 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
ARTICLE 7 – MISCELLANEOUS
7.1 Terms. Terms used in this Agreement will have the meanings indicated in the General Conditions.
7.2 Assignment. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
7.3 Successors and Assigns. Owner and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
7.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisionsshall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
7.5 Prevailing Wage Rates. Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor and any subcontractor under him shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the Owner’s office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. These rate determinations are found on the State of California Department of Industrial Relations’ website at:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
7.6 Equal Employment Opportunity. Pursuant to the City of Yuba City’s Equal Employment Opportunity and Affirmative Action Policy, during the performance of this contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, veteran status, age, marital status, sexual orientation or any other legally protected status. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, veteran status, age, marital status, sexual orientation or any other legally protected status. Such action shall include, but not be limited to
October 2025 00510 - 7 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agreesto post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, veteran status, age, marital status, sexual orientation or any other legally protected status.
C. The Contractor will include the provisions of paragraphs A and B above in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or supplier.
7.7 Waiver of Jury Trial. The parties acknowledge they have read and understand Section 00700-7.3.7.2 the foregoing and accept they are waiving their right to a jury trial.
7.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Sutter, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of Sutter, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.
October 2025 00510 - 8 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
City of Yuba City
A Public Entity
By:
___________________________________
Name
___________________________________
Title
ATTEST:
By:______________________________
___________________________________
Name
___________________________________
Title
NOTE: Owner shall attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.
________________________________ _____________________________ CONTRACTOR’S NAME STATE OF CALIFORNIA
CONTRACTOR’S LICENSE No.
and CLASSIFICATION
By______________________________ ____________________________ (Authorized Signature) LICENSE EXPIRATION DATE
________________________________
Name ____________________________
FEDERAL TAX I.D. No.
________________________________
Title ____________________________
TYPE OF ORGANIZATION
ATTEST: ____________________________
STATE OF INCORPORATION
October 2025 00510 - 9 City of Yuba City
202523-10 Agreement WTP Aquifer Storage and
Recovery Well No. 3
By______________________________
_______________________________ (SEAL)
Name
________________________________
Title
(If Corporation, must be attested by Corp Secretary)
Notices to the Parties shall be given at the following addresses:
OWNER:
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95991
CONTRACTOR:
______________________________
CONTRACTOR’S NAME
______________________________
STREET ADDRESS
______________________________
CITY, STATE & ZIP
**END OF SECTION**
PROFESSIONAL SERVICES AGREEMENT
WTP Aquifer Storage and Recovery Well Project - Phase 2 This Agreement is made and entered into as of , 2025, by and between the City of Yuba City, a municipal corporation (“City”) and Inferrera Construction Management Group, Inc. (ICM) (“Consultants”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
The scope of services includes providing part-time inspection services and material testing, as well as special inspections, on an as-needed basis. The inspector will lead progress meetings and coordinate with plant operations to ensure smooth project execution. Support will be provided in evaluating change orders and reviewing schedule submittals to maintain project alignment. The Consultant will review payment applications and make recommendations for approval, while also managing document control for submittals and RFIs. Additional services include the preparation of as-built drawings, development of the project punch list, review of final payment, and assistance with final project closeout. Staff classifications and corresponding hourly rates for these services are provided in Exhibit A.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Two Hundred Twenty-Nine Thousand Nine Hundred
EXHIBIT B
and thirty-Seven Dollars and Zero Cents ($229,937.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
9. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of
Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.
10. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
11. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
15. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
16. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Joshua Wolffe
Public Works Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
If to Consultant: Jeffrey Inferrera
ICM Group, Inc.
21 E Natoma St. # 150
Folsom, CA 95630
(916) 984-7726
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
19. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
24. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide
the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
28. Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By:_____________________________ By:_______________________
Joshua Wolffe Jeffrey Inferrera
Public Works Director ICM Group, Inc.
Attachments: Exhibit A – Consultant Fee Rates
Exhibit B – Insurance Requirements
Exhibit A
Professional Services Agreement
Consultant Fee Rates
City of Yuba City
WTP Aquifer Storage & Recovery Well No. 3 Project
ICM's Estimated Budget for Construction Management and Inspection Services Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Total Total Role Team Member Hours Hours Hours Hours Rate Budget
Construction Manager Jeffrey Inferrera 8 4 4 4 4 0 0 0 0 0 4 4 4 4 4 44 $ 215 $ 9,460 Construction Inspector Paul Lopez 160 80 80 80 32 4 4 4 4 4 160 80 80 60 24 856 $ 175 $ 149,800 Electrical Inspector Akil Barris 0 0 8 8 0 0 0 0 0 0 0 8 8 24 8 64 $ 195 $ 12,480 Administration Elena Inferrera 12 8 8 8 4 1 1 1 1 1 8 4 4 4 12 77 $ 90 $ 6,930 Material Testing Youngdahl $ 10,000
Vehicle 1 0.5 0.5 0.5 0.25 0 0 0 0 0 1 0.5 0.5 0.5 0.25 5.5 1,800$ $ 9,900 Field Computer, Monthly 1 0.5 0.5 0.5 0.25 0 0 0 0 0 1 0.5 0.5 0.5 0.25 5.5 $ 100 $ 550 Field Phone/Internet, Monthly 1 0.5 0.5 0.5 0.25 0 0 0 0 0 1 0.5 0.5 0.5 0.25 5.5 $ 150 $ 825 Grand Total Budget $ 199,945
10-Nov-25 ICM
ICM
Inferrera Construction Management Group, Inc.
Fee Schedule
For City of Yuba City
WTP Aquifer Storage & Recovery Well No. 3 Project
November 10, 2025
Labor Hourly Rates by Position
Construction Manager $215
Construction Inspector $175
Electrical Inspector $195
Administrator $90
Expense Rates
Vehicle Note 3
Field Computer, Monthly $100
Field Phone/Internet, Monthly $150
Other ODCs billed separately
Administrative Fees
Expenses 0%
Subconsultants 5%
Notes:
1. Minimum 4-hour onsite charge per site or off-site visits.
2. Overtime will be charged 1.5 times the hourly rate for time worked over eight hours a day and Saturdays. Sundays, Holidays, and time worked over twelve hours a day are charged at 2 times the hourly rate. Second shift work performed between 5 p.m. and 5 a.m. will be charged an additional $15 per hour.
3. Travel will be charged in accordance with prevailing wage requirements which include IRS mileage rate and travel time over 50 miles one way, plus a minimum of $40 per day. Business driving will be charged at the IRS mileage rate. Maximum vehicle charge is $1,800 per month.
4. This Rate Schedule is valid until December 31, 2026. After December 31, 2026, rates subject to 4% adjustment per year.
PREVAILING WAGE FEE SCHEDULE FOR PROFESSIONAL SERVICES (2026)
PERSONNEL STANDARD RATE
Principal Engineer
Senior Engineer/Geologist/Scientist
Project Engineer/Geologist/Environmental Scientist
Staff Engineer/Geologist/Scientist
Field Supervisor
NDT Special Inspector/Floor Flatness
ICC Lead Special Inspector, DSA Masonry – Group 1 (excluding NDT) For Non-Prevailing Wage Tasks
ICC/AWS/CWI Certified Special Inspector – Group 2
For Non-Prevailing Wage Tasks
Soils Engineering Technician ; ACI Groups 3 & 4
For Non-Prevailing Wage Tasks
Environmental Technician
QSD-Qualified SWPPP Developer
QSP-Qualified SWPPP Practitioner
Laboratory Manager
Senior Laboratory Technician
Laboratory Technician
Draftsperson
Clerical
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
230.00
185.00
173.00
163.00
163.00
163.00
157.00
138.00
146.00
135.00
141.00
110.00
116.00
156.00
116.00
162.00
126+.00
102.00
112.00
106.00
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
BASIS OF CHARGES
Equipment Charges:
All of the above rates are inclusive of routine test equipment.
Exceptions:
• Coring Machine
• Generator
• High Precision GPS Receiver
• Photo-Ionization Detector
• Skidmore
• Fireproofing Adhesion
- $200/day
- $75/day
- $150/day
- $100/day
- $100/day
- $25/test
Hours are billed portal to portal in accordance with the following minimum charges:
• Times are rounded up to the nearest ½ hour.
• 2-hour minimum on-site charge for each site visit.
• 4-hour minimum on-site charge for weekend work.
• 2-hour minimum charge for work scheduled that was not cancelled by 5pm the day before.
Overtime:
• Over eight (8) hours a day
• Saturdays
• Over eight (8) hours on Saturdays
• Sundays and Holidays
• Over twelve (12) hours a day
• Night Work 5:00 pm – 5:00 am
- 1.5 x hourly rate
- 1.5 x hourly rate
- 2.0 x hourly rate
- 2.0 x hourly rate
- 2.0 x hourly rate
- $10+ hourly rate
Mobilization Charge:
A mobilization charge of $ 80.00/site visit will be added for all projects requiring site visits within 40 miles of our corporate yard. For projects beyond 40 miles, a mileage fee will be assessed at $0.95/mile portal to portal per visit from our corporate headquarters address to the project site. Distance will be determined by Google Maps quickest calculated distance.
ICM Group, Inc.
BASIS OF CHARGES (Cont.)
Expert Witness Services:
Mediation, arbitration, deposition, expert witness testimony and public hearing attendance will be billed at 2 times normal hourly rates in 4-hour incremental blocks.
Rush Charges:
Field:
An additional 1 hour of field time at the appropriate personnel rate may be charged to expedite work which requires dispatching after 4:30 pm of the previous day, or the same day, as requested by the contractor or client.
Large Format Plotting:
• Color or Black & White - $12 minimum setup + 0.65 per sq. foot Miscellaneous Charges:
• Supplies and outside services are billed at cost +15% • Airfare, rental vehicles, lodging, and meals for authorized out-of-town travel, will be charged per person per day using the current IRS per diem rate applicable to the area. • Subcontracted work will be billed at cost +15%
• Projects with specialized accounting protocol required to be filled out for the client will be charged an additional 4% of the project budget
• Copying and distribution for project reporting includes 4 reports. If additional report copying is necessary, a $25.00 charge will be billed for each additional report • Projects requiring Level C PPE will be charged at 1.5 x normal hourly rate • $10.00 surcharge may be applied to normal rates for projects where naturally occurring asbestos (NOA) is present.
TERMS AND CONDITIONS:
Youngdahl Consulting Group, Inc. shall perform professional services in accordance with the generally accepted professional practice of its profession within the area where the work is performed on behalf of the client. Upon entering into this agreement many risks potentially affect Youngdahl Consulting Group, Inc. The principal risk is the potential for human error by Youngdahl Consulting Group, Inc. Client agrees to limit our liability to Client and to all other parties for damages arising from any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert-witness fees and costs shall be limited to $25,000.00 and Client further agrees to indemnify and hold harmless Youngdahl Consulting Group, Inc. from and against all liabilities in excess of monetary limit established above.
(Prevailing Wage Fee Schedule for Professional Services on Front of Sheet)
FEE SCHEDULE FOR LABORATORY SERVICES (2026)
The following contains the soils and material testing prices for services rendered by Youngdahl Consulting Group, Inc. Prices are valid for 2026. Unless noted, test prices include routine sample preparation, test set-up, performance of test, calculations, and reporting of results. Please call us at (916) 933-0633 for further information.
TEST TEST METHOD(S)1 UNIT PRICE ($)
SOILS TESTS
Classification and Index Properties
Sieve Analysis, Fine with No. 200 Wash
Sieve Analysis, Coarse and Fine Combined
Percent Passing No. 200 Sieve, Soil
Percent Passing No. 200 Sieve, Rocky Sample
D422, D6913, CTM 202, T88
D422, D6913, CTM 202, T88
D1140
D1140
$
$
$
$
145.00
230.00
105.00
200.00
Each
Each
Each
Each
Hydrometer Analysis
Atterberg Limits
Moisture Content
Moisture Content & Dry Density
Specific Gravity
Soil pH
Pinhole Dispersion
Organic Content
Soil Corrosion Properties*
(*Includes Soil pH, Minimum Resistivity, Chlorides, and Sulfates) D422, D7928
D4318, T89, T90
D2216, D4643
D7263
D854
D4972
D4647
D2974
CTM 417, 422, 643
$
$
$
$
$
$
$
$
$
300.00
230.00
25.00 50.00
260.00
50.00 775.00
155.00
275.00
Each
Each
Each
Each
Each
Each
Each
Each
Each
Moisture Density Relations-Compaction
Proctor – 4”
Proctor – 6”
California Impact
Check Point
D698, D1557, T99, T180
D698, D1557, T99, T180
CTM 216
$
$
$
$
325.00
325.00
325.00
205.00
Each
Each
Each
Each
Strength
Unconfined Compression
Unconfined Compression, Chemically-Treated
Quicklime Saturation (Eades and Grim)
Direct Shear, 3 Points
Triaxial Shear, UU
Triaxial Shear, CU (3 Points)
Resistance “R-Value”
Sample Preparation
D2166
D1633 (Mod), CTM373 (Mod)
C977, D6276
D3080
D2850
D4767
CTM 301, D2844
$
$
$
$
$
$
$
$
200.00
620.00
205.00
515.00
250.00
1,700.00
360.00
100.00
Each
Each
Each
Each
Each
Set
Each
Hour
Hydraulic Conductivity
Flexible Wall Permeability
Permeability (>10-3)
D5084
D2434
$
$
385.00
450.00
Each
Each
Consolidation/Swell
Consolidation
One-Dimension Swell or Collapse
One-Dimension Swell or Collapse
One-Dimension Swell or Collapse
Expansion Index
D2435
D4546, Method A
D4546, Method B
D4546, Method C
D4829
$
$
$
$
$
600.00
500.00
200.00
600.00
250.00
Each
Each
Each
Each
Each
NOTES
1 Test methods listed are as follows:
• Those beginning with a C, D, or E are ASTM International methods • CTM – California Test Method, California Department of Transportation • Those beginning with a T are AASHTO methods
• Those beginning with an MS are Asphalt Institute methods 2 Any testing where lime or cement is required to be added, cost of test may be increased by 20% 3 Rush Fee: 150% of standard unit price
TEST TEST METHOD(S)1 UNIT PRICE ($)
AGGREGATE TESTS
Sieve Analysis – Coarse (without wash)
Sieve Analysis – Fine (including wash)
Sieve Analysis – Coarse and Fine Combined
Percent Passing No. 200 Sieve
Specific Gravity and Absorption, Coarse
Specific Gravity and Absorption, Fine
Organic Impurities in Sand
Unit Weight, Loose or Rodded
Sand Equivalent
Crushed Particles (fractured faces) (per sieve size)
Flat and Elongated Particles (per sieve size)
Clay Lumps and Friable Particles
Los Angeles Abrasion Test
Durability Index
Durability, Coarse or Fine
Cleanness Value
Mortar Sand Strength
C136, CTM 202, T27
C136, CTM 202, T27
C136, CTM 202, T27
C117, T11
C127
C128
C40
C29
CTM 217, D2419
CTM 205, D5821
D4791
C142
C131, C535
CTM 229, D3744
CTM 229, D3744
CTM 227
CTM 515, C87
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
125.00
145.00
230.00
105.00
150.00
175.00
100.00
100.00
180.00
105.00
105.00
200.00
260.00
290.00
145.00
145.00
775.00
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
CONCRETE/MASONRY TESTS
Concrete Compression (including mold)
Mortar Compression (including mold)
Grout Compression (including mold)
CLSM Compression (including mold)
Concrete Core Compression
Shotcrete Core Compression (including coring)
Core Height (Length/Thickness)
Modulus of Elasticity
Flexural Strength, Beam
Laboratory Trial Batch (incl. 9 compression tests)
Concrete Drying Shrinkage (set of 3)
Sample Cutting and Trimming (1/4 hour minimum)
CMU Dimension Verification
CMU Moisture Absorption/Unit Weight/Moisture
CMU Block Compression
CMU Composite Prism Compression
CMU Core Shear
C39
C780
C1019
D4832
C42
C1604
C1542
C469
C78
C192
C157 (Mod)
C140
C140
C140
C1314
CBC 2105A.4/5
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
50.00 50.00
100.00
70.00 70.00
125.00
15.00 350.00
105.00
2,060.00
515.00
100.00
75.00 75.00
110.00
200.00
60.00 Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Hour
Each
Each
Each
Each
Each
ASPHALT CONCRETE TESTS
Solvent Extraction, % Asphalt
Gradation of Extracted Aggregate
Unit Weight of Core or Briquette
Thickness of Core
Theoretical Maximum Specific Gravity (Rice Method)
AC Moisture Content
AC Air Void Determination
AC VFA Determination
AC VMA Determination
D2172, T164
D5444, T30
CTM 308, D2726,
D1188, T166, T275
D3549
D2041, CTM 309, T209
CTM 370, T329
D3203, T269
MS-2
MS-2
$
$
$
$
$
$
$
$
$
300.00
180.00
75.00 15.00
180.00
55.00 55.00
55.00 55.00
Each
Each
Each
Each
Each
Each
Each
Each
Each
MISCELLANEOUS
Fireproofing Density Test
Non-Masonry Mortar/Grout Compression Test
E605
C579
$
$
125.00
50.00 Each
Each
Bend and Tensile Test (up to #11 bar) $ 225.00 Each
Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
WTP Aquifer Storage and Recovery Well Project – Phase 2 This Agreement is made and entered into as of , 2025, by and between the City of Yuba City, a municipal corporation (“City”) and The Solis Group (TSG) (“Consultants”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
To provide labor compliance services for the WTP Aquifer Storage and Recovery Well Project – Phase 2. The Fee Rate for the required services is provided in Exhibit A.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Forty-Seven Thousand Three Hundred Dollars and Zero Cents ($47,300.00) without additional written authorization from the City.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after
EXHIBIT C
approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
9. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.
10.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an
independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
11.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
12.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
15.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
16.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
17.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Joshua Wolfe
Public Works & Development Services Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
If to Consultant: Gonzalo Armijos
The Solis Group
234 N El Molino Ave.
Pasadena, CA 91101
18.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
19.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
22.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both
parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
28.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
29.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By:_____________________________ By:_________________________ Joshua Wolfe Gonzalo Armijos
Director of Public Works The Solis Group
Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
Exhibit A
Professional Services Agreement
Fee Rate Schedule
Pasadena / Dallas / Oakland / San Diego
Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA
P 626 685 6989
F 626 685 6985
thesolisgroup.com
November 12, 2025
William Jow, Assistant Engineer
City of Yuba City, Public Works Department
1201 Civic Center Blvd.
Yuba City, CA 95993
Re: Proposal for Labor Compliance Services for the
WTP Aquifer Storage and Recovery Well No.3 Project
Dear William Jow:
The Solís Group (TSG) is pleased to submit this cost proposal to provide labor compliance services required for the above referenced project. Our fixed-fee cost proposal based on information provided by the City is summarized below.
Project Description Construction
Value
Estimated Duration
(including closeout)
Monthly
Fee
Life of Project
Cost Estimate
WTP Aquifer Storage
& Recovery Well $ 7,500,000 22 Months $ 2,150 $ 47,300
TOTAL COST $ 47,300
If actual construction (including punch list) and closeout extends beyond the planned duration, we will examine the need for additional budget.
We appreciate the opportunity to serve the City. If you have any questions regarding this cost proposal, please contact the undersigned. Please send Notice-to-Proceed to Sabrina Cristi, Accounting Assistant, at [email protected].
Sincerely,
Gonzalo Armijos
Vice President of Business Development
Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Agenda Item 18
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Utilities Department
Presentation By: Phil Marler, Utilities Director
Summary
Subject: Utilities Department Vacancy Staffing Request – Wastewater Collections Maintenance Worker I/II
Recommendation: Authorize the Interim Human Resources Director to fill the vacancy for a full-time permanent Wastewater Collections Maintenance Worker I/II in the Utilities Department.
Fiscal Impact: Sufficient funding allocated in Account No. 8110 (Wastewater Collections Maintenance)
Purpose:
To fill a vacant Wastewater Collections Maintenance Worker I/II position in the Utilities Department to maintain adequate staffing levels needed to safely, reliably, and efficiently operate the City’s critical sewer collection system infrastructure.
Council’s Strategic Goal:
This item addresses Council’s strategic goals of Public Safety and Infrastructure by maintaining adequate, skilled staffing to safeguard the Wastewater Collection system throughout the City’s facilities, ensuring system reliability, worker safety, and regulatory compliance.
Background:
The Utilities Department’s Wastewater Collections Maintenance Division plays a vital role in maintaining the City’s underground wastewater collection system infrastructure. The division is responsible for installing, inspecting, maintaining, and repairing the system’s underground components located throughout the city, including residential areas such as Stonegate Village, around the wastewater treatment plant, and at other public locations. Their work ensures the safe, efficient, and reliable operation of the City’s sewer systems, including lift stations and automated controls, which are essential to maintaining public health and safety.
The Wastewater Collections Division is staffed by a team of Six (6) flexibly staffed Wastewater Collections Maintenance workers and supervised by the Wastewater Collections Supervisor. One Wastewater Collection Maintenance III retired in September 2025, leaving a vacancy in this critical classification.
Analysis:
City Council has implemented a hard hiring freeze as a budgetary control measure, effective September 1, 2025. In order for the Human Resources Department to conduct recruitment for a vacancy, both the City Manager and City Council must approve the request from the working department on a case-by-case basis.
The Utilities Department believes that filling this position is essential to maintaining reliable operations and ensuring the safe functioning of the City’s wastewater collection system, which is vital to protecting public health and safety. The Department recommends filling the vacancy at the Wastewater Collections Maintenance Worker I/II level, which is the entry level in the classification series. Hiring at this level, rather than at the higher Worker III level, will allow the Department to maintain necessary operational capacity while demonstrating fiscal responsibility and complying with the City’s current hiring freeze constraints.
The City Manager approved this request from the Department in October 2025, making it eligible for final Council approval.
Fiscal Impact:
This position is fully funded in the Fiscal Year 25/26 Wastewater Collections Maintenance operating budget. Funding is provided through wastewater enterprise funds with no impact on the General Fund.
Alternatives:
Direct the Department to leave the position vacant and continue to utilize staff overtime to maintain adequate staff coverage. This is not a sustainable alternative due to the strain on the remaining employees and supervisors.
Recommendation:
Authorize the Interim Human Resources Director to fill the vacancy for a full-time permanent Wastewater Collections Maintenance Worker I/II in the Utilities Department.
Attachments:
None
Prepared By: Submitted By:
Mylaina McMurray
Utilities Administrative Analyst l
Robert Bendorf
Interim City Manager
Agenda Item 19
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Gina Rowland, Interim Human Resources Director Summary
Subject: Development Services Classification Updates
Recommendation:
A. Establishing a new Business Development Liaison classification and adding it to the First Level Managers bargaining unit;
B. Changing the title of the existing Development Manager classification to Business Development Manager in the Mid-Managers unit;
C. Amending the salary schedule to add Business Development Liaison and changing the title of Development Manager to Business Development Manager;
D. Updating the authorized position resolution for Department No. 1910, Planning, to reflect the updated position title of Business Development Manager;
E. Approving a recruitment to fill the full-time Business Development Manager authorized position with a regular, full-time appointment at either the Business Development Liaison or Business Development Manager level; and
F. Authorizing the Interim City Manager and Interim Human Resources Director to execute side letter agreements to update the classification titles represented by the First Level Managers and Mid-Managers units Fiscal Impact: There is no fiscal impact to establish a new Business Development Liaison classification. The Development Manager position is fully funded in the approved budget for FY2025/26. Underfilling the position with a new Business Development Liaison could result in salary savings of approximately $13,000 for the remainder of this fiscal year.
Purpose:
To add a new Business Development Liaison classification to provide the Development Services department flexibility in filling its vacant, funded Development Manager position; to change the title of the classifications to more accurately describe the focus and function of the positions; and to execute side letter agreements to update the classification titles represented by the First Level Manager and Mid-Manager units.
Council's Strategic Goal:
This item addresses the City Council’s Strategic Goal of Business Friendly. The primary focus of the Business Development Liaison and Business Development Manager classifications are to provide direct support to businesses by serving as the central point of contact for project proposals, applications and plans as well as to provide information and advise developers, business owners and the general public on City development procedures and requirements.
Background:
In 2021, the City created a Development Liaison position to support businesses and developers through the planning process and to serve as the City’s representative in partnerships with local businesses and regional government organizations. In November 2024, the position was reclassified to a Development Manager to reflect the increased responsibility for developing, planning, coordinating and managing the City’s economic development program and initiatives regarding business assistance, attraction, retention, and expansion. The former Development Liaison position was deleted when the new Development Manager classification was created.
The Development Manager position was vacated in March of this year, and has remained vacant since that time. The Development Services Department budget for Fiscal Year 2025-26 continues to include funding for a full-time Development Manager as “Business Friendly” remains a Strategic Goal of the City Council.
Analysis:
In order to consider a broad pool of candidates while recruiting to fill this important position, the Development Services department would like to re-establish the former Development Liaison classification with an updated title of Business Development Liaison. Similarly, the department is requesting to change the title of Development Manager to Business Development Manager. These title changes more accurately reflect the function and focus of the classifications which is on business attraction, assistance, facilitation, guidance and coordination with various City, County, and regional partners.
The recommended salary range for Business Development Liaison is the same as the former Development Liaison salary range, and is:
FIVE STEP RANGE:
1 2 3 4 5
$6,950 $7,298 $7,662 $8,045 $8,448 Monthly
$83,400$87,570 $91,949 $96,546 $101,376 Annually
NINE STEP RANGE:
1 2 3 4 5 6 7 8 9
$6,950 $7,124 $7,298 $7,481 $7,663 $7,855 $8,046 $8,247 $8,448 Monthly $83,400$85,488$87,576$89,772$91,956$94,260$96,552$98,964$101,376Annually Human Resources recommends that the City Council approve a recruitment giving the department the flexibility to recruit and fill the full-time Business Development Manager authorized position with a regular, full-time appointment at either the Business Development Liaison or Business Development Manager level.
Lastly, staff requests authority for the Interim City Manager and the Interim Human Resources Director
to execute side letter agreements with the First Level Managers and Mid-Manager bargaining units to update the classification titles represented by the units set forth in Appendix A of the respective Memoranda of Understanding.
Fiscal Impact:
There is no fiscal impact to establish a new Business Development Liaison classification. The Development Manager position is fully funded in the approved budget for FY2025/26. Underfilling the position with a new Business Development Liaison could result in salary savings of approximately $13,000 for the remainder of this fiscal year
Alternatives:
The City Council could choose to not approve the recommended actions.
Recommendation:
It is recommended that the City Council adopt a Resolution:
A. Establishing a new Business Development Liaison classification and adding it to the First Level Managers bargaining unit;
B. Changing the title of the existing Development Manager classification to Business Development Manager in the Mid-Managers unit;
C. Amending the salary schedule to add Business Development Liaison and changing the title of Development Manager to Business Development Manager;
D. Updating the authorized position resolution for Department No. 1910, Planning, to reflect the updated position title of Business Development Manager; E. Approving a recruitment to fill the full-time Business Development Manager authorized position with a regular, full-time appointment at either the Business Development Liaison or Business Development Manager level; and
F. Authorizing the Interim City Manager and Interim Human Resources Director to execute side letter agreements to update the classification titles represented by the First Level Managers and Mid-Managers units.
Attachments:
1. Resolution - FY2 25-26 Development Services Class Changes DRAFT
2. Exhibit 1 - Salary Schedule
3. Exhibit 2 MM Side Letter - FY 25-26 Retitled Classifications
4. Exhibit 3 FLM Side Letter - FY 25-26 New Classifications Prepared By: Submitted By:
Gina Rowland
Interim Human Resources Director
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. 25-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ESTABLISHING A
NEW BUSINESS DEVELOPMENT LIAISON CLASSIFICATION AND ADDING IT TO THE FIRST LEVEL MANAGERS BARGAINING UNIT; CHANGING THE TITLE OF THE EXISTING
DEVELOPMENT MANAGER CLASS TO BUSINESS DEVELOPMENT MANAGER IN THE MID-MANAGERS UNIT; AMENDING THE SALARY SCHEDULE TO ADD BUSINESS
DEVELOPMENT LIAISON AND CHANGING THE TITLE OF DEVELOPMENT MANAGER TO BUSINESS DEVELOPMENT MANAGER; UPDATING THE AUTHORIZED POSITION RESOLUTION FOR DEPARTMENT NO. 1910, PLANNING, TO REFLECT THE UPDATED POSITION TITLE OF BUSINESS DEVELOPMENT MANAGER; APPROVING A
RECRUITMENT TO FILL THE FULL-TIME BUSINESS DEVELOPMENT MANAGER
AUTHORIZED POSITION WITH A REGULAR, FULL-TIME APPOINTMENT AT EITHER THE BUSINESS DEVELOPMENT LIAISON OR BUSINESS DEVELOPMENT MANAGER LEVEL;
AND AUTHORIZING THE INTERIM CITY MANAGER AND INTERIM HUMAN RESOURCES
DIRECTOR TO EXECUTE SIDE LETTER AGREEMENTS TO UPDATE THE CLASS TITLES
REPRESENTED BY THE FIRST LEVEL MANAGERS AND MID-MANAGERS UNITS WHEREAS, these personnel changes include new or modified classifications, which will require the amendment of the existing salary schedule; and
WHEREAS, the City has evaluated staff’s requests, as outlined below, and has determined them to be appropriate; and
WHEREAS, the Mid-Manager and First Level Managers bargaining units have agreed to modify the represented classifications in their Memoranda of Understanding in accordance with these requests.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:
SECTION I. Unit Modifications.
A. The classification of Business Development Liaison will be established and added to the First Level Managers bargaining unit, and the title of the classification of Development Manager in the Mid-Managers bargaining unit will be changed to Business Development Manager.
B. The classifications added or altered will be governed by the terms of the Memorandum of Understanding applicable to the specified bargaining unit.
SECTION II. Salary Schedule Amendments.
The modifications of the City’s salary schedule as enumerated in Exhibit 1A are approved to reflect the organizational changes and new or updated job classifications and are incorporated herein by reference. The amendments to the salary schedule described in Exhibit 1A are summarized as follows:
FIRST LEVEL MANAGERS BARGAINING UNIT SALARY SCHEDULE:
• REQUEST 1. BUSINESS DEVELOPMENT LIAISON
o ADD: BUSINESS DEVELOPMENT LIAISON
JCN 1 2 3 4 5
TBD $6,950 $7,298 $7,662 $8,045 $8,448
JCN 1 2 3 4 5 6 7 8 9
TBD $6,950 $7,124 $7,298 $7,481 $7,663 $7,855 $8,046 $8,247 $8,448 MID-MANAGERS BARGAINING UNIT SALARY SCHEDULE:
• REQUEST 1. DEVELOPMENT MANAGER
o TITLE CHANGE TO: BUSINESS DEVELOPMENT MANAGER
SECTION III. AUTHORIZED POSITIONS
Update the Authorized Positions for Department No. 1910, Planning, to reflect the updated position title of Business Development Manager.
SECTION IV. Authorization.
The Finance Director is hereby authorized to amend the salary schedule and budget to reflect the adjustments, establish the salary steps, and make any necessary supplemental appropriations required.
SECTION V. Bargaining Unit Side Letters.
The attached side letters amending the Memoranda of Understanding between the City and the Mid-Managers (Exhibit 1B), the City and the First Level Managers (Exhibit 1C), are hereby approved and are incorporated herein by reference.
The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 18th day of November 2025.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Ian B. Sangster
Kronick, Special Counsel
Exhibits:
A. Salary Schedule Amendments (Effective November 29, 2025) B. Side Letter with Mid-Managers
C. Side Letter with First Level Managers
EXHIBIT 1
11/12/20254:36 PM
Mid Managers - EMPLOYEES HIRED PRIOR TO APRIL 28, 2018
CLASSIFICATION Group 1 2 3 4 5
7165* ACCOUNTING MANAGER MM 10,041 10,543 11,070 11,624 12,205 Monthly
57.93 60.83 63.87 67.06 70.42 Hourly
7070* ADMINISTRATIVE ANALYST III MM 7,761 8,149 8,556 8,984 9,433 Monthly
44.78 47.01 49.36 51.83 54.42 Hourly
7125* ANIMAL SERVICES MANAGER MM 8,600 9,030 9,481 9,955 10,452 Monthly
49.62 52.10 54.70 57.43 60.30 Hourly
7025* BUSINESS DEVELOPMENT MANAGER MM 8,372 8,791 9,231 9,693 10,178 Monthly
48.30 50.72 53.26 55.92 58.72 Hourly
7112* CHIEF BUILDING OFFICIAL MM 9,857 10,350 10,868 11,411 11,981 Monthly
56.87 59.71 62.70 65.83 69.12 Hourly
7418* CITY CLERK ADMINISTRATOR MM 9,434 9,906 10,401 10,921 11,467 Monthly
54.43 57.15 60.01 63.01 66.16 Hourly
7175* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,863 12,456 13,079 13,733 Monthly
65.18 68.44 71.86 75.46 79.23 Hourly
7160* DEPUTY DIRECTOR - UTILITIES MM 9,989 10,488 11,012 11,563 12,141 Monthly
57.63 60.51 63.53 66.71 70.05 Hourly
7110* DIVISION FIRE CHIEF MM 11,720 12,306 12,921 13,567 14,245 Monthly
67.62 71.00 74.54 78.27 82.18 Hourly
7120* ENGINEER - SENIOR MM 9,350 9,818 10,309 10,824 11,366 Monthly
53.94 56.64 59.48 62.45 65.57 Hourly
7200* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,534 10,011 10,512 11,037 Monthly
52.38 55.00 57.76 60.65 63.68 Hourly
7205* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,495 9,970 10,469 10,992 Monthly
52.17 54.78 57.52 60.40 63.42 Hourly
7105* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,519 11,045 11,597 12,177 Monthly
57.80 60.69 63.72 66.91 70.25 Hourly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE NOVEMBER 29, 2025
SALARY STEPS
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
7043* PARK MAINTENANCE MANAGER MM 6,928 7,274 7,638 8,020 8,421 Monthly
39.97 41.97 44.07 46.27 48.58 Hourly
7044* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 9,030 9,481 9,955 10,452 Monthly
49.62 52.10 54.70 57.43 60.30 Hourly
7065* PLANNER-SENIOR MM 7,611 7,992 8,392 8,812 9,253 Monthly
43.91 46.11 48.42 50.84 53.38 Hourly
7060* PLANNING MANAGER MM 9,415 9,886 10,380 10,899 11,444 Monthly
54.32 57.03 59.88 62.88 66.02 Hourly
7085* PROJECT MANAGER MM 7,879 8,273 8,687 9,121 9,578 Monthly
45.46 47.73 50.12 52.62 55.26 Hourly
7046* RECREATION MANAGER MM 8,062 8,465 8,888 9,332 9,799 Monthly
46.51 48.84 51.28 53.84 56.53 Hourly
7015* UTILITIES ADMINISTRATIVE MANAGER MM 8,943 9,390 9,860 10,353 10,871 Monthly
51.59 54.17 56.88 59.73 62.72 Hourly
7090* UTILITIES MAINTENANCE SUPERINTENDENT MM 9,071 9,525 10,001 10,501 11,026 Monthly
52.33 54.95 57.70 60.58 63.61 Hourly
MOU Article 1.5 - Bilingual Pay - effective November 18, 2023Employees who are proficient in speaking a foreign language, as determined by the City - --receive bilingual pay in the amount of 1.4% of the base rate of payCertificate PayEmployees in the Parks Division who possess a Pool OperationsCertificate will receive 1.5% of their base rate of payEmployees in the Community Services Department whopossess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay ofone and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).
EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
Mid Managers - EMPLOYEES HIRED ON OR AFTER APRIL 28, 2018 CLASSIFICATION Group 1 2 3456789
7565* ACCOUNTING MANAGER MM 10,041 10,292 10,543 10,807 11,070 11,347 11,624 11,915 12,205 Monthly
57.93 59.38 60.83 62.35 63.87 65.46 67.06 68.74 70.42 Hourly 7470* ADMINISTRATIVE ANALYST III MM 7,761 7,955 8,149 8,353 8,556 8,770 8,984 9,209 9,433 Monthly
44.78 45.89 47.01 48.19 49.36 50.60 51.83 53.13 54.42 Hourly 7525* ANIMAL SERVICES MANAGER MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly
49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7425* BUSINESS DEVELOPMENT MANAGER MM 8,372 8,582 8,791 9,011 9,231 9,462 9,693 9,936 10,178 Monthly
48.30 49.51 50.72 51.99 53.26 54.59 55.92 57.32 58.72 Hourly 7512* CHIEF BUILDING OFFICIAL MM 9,857 10,104 10,350 10,609 10,868 11,140 11,411 11,696 11,981 Monthly
56.87 58.29 59.71 61.21 62.70 64.27 65.83 67.48 69.12 Hourly 7419* CITY CLERK ADMINISTRATOR MM 9,434 9,670 9,906 10,154 10,401 10,661 10,921 11,194 11,467 Monthly
54.43 55.79 57.15 58.58 60.01 61.51 63.01 64.58 66.16 Hourly 7575* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,581 11,863 12,160 12,456 12,768 13,079 13,406 13,733 Monthly
65.18 66.81 68.44 70.15 71.86 73.66 75.46 77.34 79.23 Hourly 7560* DEPUTY DIRECTOR - UTILITIES MM 9,989 10,239 10,488 10,750 11,012 11,288 11,563 11,852 12,141 Monthly
57.63 59.07 60.51 62.02 63.53 65.12 66.71 68.38 70.05 Hourly 7510* DIVISION FIRE CHIEF MM 11,720 12,013 12,306 12,614 12,921 13,244 13,567 13,906 14,245 Monthly
67.62 69.31 71.00 72.77 74.54 76.41 78.27 80.23 82.18 Hourly 7520* ENGINEER - SENIOR MM 9,350 9,584 9,818 10,064 10,309 10,567 10,824 11,095 11,366 Monthly
53.94 55.29 56.64 58.06 59.48 60.96 62.45 64.01 65.57 Hourly 7600* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,307 9,534 9,773 10,011 10,262 10,512 10,775 11,037 Monthly
52.38 53.69 55.00 56.38 57.76 59.20 60.65 62.16 63.68 Hourly 7605* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,269 9,495 9,733 9,970 10,220 10,469 10,731 10,992 Monthly
52.17 53.48 54.78 56.15 57.52 58.96 60.40 61.91 63.42 Hourly 7505* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,269 10,519 10,782 11,045 11,321 11,597 11,887 12,177 Monthly
57.80 59.24 60.69 62.20 63.72 65.31 66.91 68.58 70.25 Hourly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE NOVEMBER 29, 2025
SALARY STEPS
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
7443* PARK MAINTENANCE MANAGER MM 6,928 7,101 7,274 7,456 7,638 7,829 8,020 8,220 8,421 Monthly
39.97 40.97 41.97 43.02 44.07 45.17 46.27 47.42 48.58 Hourly 7444* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly
49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7465* PLANNER-SENIOR MM 7,611 7,802 7,992 8,192 8,392 8,602 8,812 9,032 9,253 Monthly
43.91 45.01 46.11 47.26 48.42 49.63 50.84 52.11 53.38 Hourly 7460* PLANNING MANAGER MM 9,415 9,651 9,886 10,133 10,380 10,640 10,899 11,172 11,444 Monthly
54.32 55.68 57.03 58.46 59.88 61.38 62.88 64.45 66.02 Hourly 7485* PROJECT MANAGER MM 7,879 8,076 8,273 8,480 8,687 8,904 9,121 9,349 9,578 Monthly
45.46 46.59 47.73 48.92 50.12 51.37 52.62 53.94 55.26 Hourly 7446* RECREATION MANAGER MM 8,062 8,264 8,465 8,677 8,888 9,110 9,332 9,565 9,799 Monthly
46.51 47.68 48.84 50.06 51.28 52.56 53.84 55.18 56.53 Hourly 7415* UTILITIES ADMINISTRATIVE MANAGER MM 8,943 9,167 9,390 9,625 9,860 10,107 10,353 10,612 10,871 Monthly
51.59 52.89 54.17 55.53 56.88 58.31 59.73 61.22 62.72 Hourly 7490* UTILITIES MAINTENANCE SUPERINTENDENT MM 9,071 9,298 9,525 9,763 10,001 10,251 10,501 10,764 11,026 Monthly
52.33 53.64 54.95 56.33 57.70 59.14 60.58 62.10 63.61 Hourly MOU Article 1.5 - Bilingual Pay - effective November 18, 2023 -Employees who are proficient in speaking a foreign language, as determined by the Cityreceive bilingual pay in the amount of 1.4% of the base rate of payCertificate PayEmployees in the Parks Division who possess a Pool OperationsCertificate will receive 1.5% of their base rate of payEmployees in the Community Services Department whopossess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay ofone and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant
3. 112925 Salary Schedule Development Liason
11/12/20254:35 PM
First Level Management - EMPLOYEES HIRED PRIOR TO NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
6069 ACCOUNTANT - SENIOR FLM 6,394 6,714 7,050 7,403 7,773 Monthly
36.89 38.73 40.67 42.71 44.84 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 6,750 7,087 7,441 7,813 8,203 Monthly
38.94 40.89 42.93 45.08 47.33 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,294 5,559 5,837 6,129 Monthly
29.09 30.54 32.07 33.68 35.36 Hourly
6215 BUSINESS DEVELOPMENT LIAISON FLM 6,950 7,298 7,663 8,046 8,448 Monthly
40.10 42.10 44.21 46.42 48.74 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 7,043 7,395 7,765 8,153 Monthly
38.70 40.63 42.66 44.80 47.04 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 6,528 6,854 7,197 7,557 7,936 Monthly
37.66 39.54 41.52 43.60 45.79 Hourly
6220 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,572 9,001 9,451 9,923 Monthly
47.10 49.45 51.93 54.53 57.25 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,537 8,964 9,412 9,883 Monthly
46.90 49.25 51.72 54.30 57.02 Hourly
6225 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,284 7,648 8,030 8,431 Monthly
40.02 42.02 44.12 46.33 48.64 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly
34.76 36.50 38.32 40.23 42.24 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,354 6,672 7,006 7,357 Monthly
34.91 36.66 38.49 40.42 42.44 Hourly
6064* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,508 7,883 8,277 8,689 Monthly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE NOVEMBER 29, 2025
SALARY STEPS
3. 112925 Salary Schedule Development Liason
11/12/20254:35 PM
41.25 43.32 45.48 47.75 50.13 Hourly
6142* INFORMATION TECHNOLOGY ANALYST SENIOR FLM 7,864 8,257 8,670 9,103 9,558 Monthly
45.37 47.64 50.02 52.52 55.14 Hourly
6085 LABORATORY SUPERVISOR FLM 7,061 7,414 7,785 8,174 8,582 Monthly
40.74 42.77 44.91 47.16 49.51 Hourly
6040 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,326 6,642 6,974 7,322 Monthly
34.76 36.50 38.32 40.23 42.24 Hourly
6043 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly
34.76 36.50 38.32 40.23 42.24 Hourly
6061 PLANNER-ASSOCIATE FLM 6,619 6,950 7,298 7,663 8,046 Monthly
38.19 40.10 42.10 44.21 46.42 Hourly
6065 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,917 9,363 9,831 10,324 Monthly
48.99 51.44 54.02 56.72 59.56 Hourly
6030* RECREATION SUPERVISOR I FLM 5,794 6,084 6,388 6,707 7,042 Monthly
33.43 35.10 36.85 38.69 40.63 Hourly
6045* RECREATION SUPERVISOR II FLM 6,373 6,692 7,027 7,378 7,746 Monthly
36.77 38.61 40.54 42.57 44.69 Hourly
6046* RECREATION SUPERVISOR III FLM 7,011 7,362 7,730 8,116 8,522 Monthly
40.45 42.47 44.60 46.82 49.17 Hourly
6210 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 7,157 7,515 7,891 8,285 Monthly
39.32 41.29 43.36 45.53 47.80 Hourly
6096 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly
49.89 52.38 55.00 57.76 60.64 Hourly
6111 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly
54.88 57.62 60.50 63.53 66.71 Hourly
6041 WATER DISTRIBUTION SUPERVISOR FLM 7,730 8,116 8,522 8,948 9,396 Monthly
44.60 46.82 49.17 51.62 54.21 Hourly
6160 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly
49.89 52.38 55.00 57.76 60.64 Hourly
3. 112925 Salary Schedule Development Liason
11/12/20254:35 PM
6110 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly
54.88 57.62 60.50 63.53 66.71 Hourly
3. 112925 Salary Schedule Development Liason
11/12/20254:35 PM
Pensionable Compensation for New Members (PEPRA)
MOU Article 1.4 - Bilingual Pay - effective November 18, 2023Employees who are proficient in speaking a foreign language, as determined by the Cityreceive bilingual pay in the amount of 1.4% of the base rate of payMOU Article 14.7 - Shift DifferentialA shift differential of 5% of base pay shall be paid to those supervisors who are assigned to work an operator shift from 7:00pm to 7:00am. If a supervisor who is assigned to an operator shift elects to utilize vacation, sick leave, CTO or any other paid leave time, shall not be paid shift differential while on such leave.MOU Article 14.1 - Water Certificate PayNon-Water FLM employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap)Certificate PayEmployees in the Parks Division who possess a Qualified Pesticide Applicator's Certificate will receive 1.5% of their base rate of pay.Employees in the Parks Division who possess a Pool Operations Certificate will receive 1.5% of their base rate of payEmployees in the Community Services Department who possess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).
EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
First Level Management - EMPLOYEES HIRED ON OR AFTER NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
6469 ACCOUNTANT - SENIOR FLM 6,394 6,554 6,714 6,882 7,050 7,227 7,403 7,588 7,773 Monthly
36.89 37.81 38.73 39.70 40.67 41.69 42.71 43.78 44.84 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 6,750 6,919 7,087 7,264 7,441 7,627 7,813 8,007 8,203 Monthly
38.94 39.92 40.89 41.91 42.93 44.00 45.08 46.19 47.33 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,168 5,294 5,427 5,559 5,698 5,837 5,983 6,129 Monthly
29.09 29.82 30.54 31.31 32.07 32.87 33.68 34.52 35.36 Hourly 6515 BUSINESS DEVELOPMENT LIAISON FLM 6,950 7,124 7,298 7,481 7,663 7,855 8,046 8,247 8,448 Monthly
40.10 41.10 42.10 43.16 44.21 45.32 46.42 47.58 48.74 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 6,876 7,043 7,219 7,395 7,580 7,765 7,958 8,153 Monthly
38.70 39.67 40.63 41.65 42.66 43.73 44.80 45.91 47.04 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 6,528 6,691 6,854 7,026 7,197 7,377 7,557 7,746 7,936 Monthly
37.66 38.60 39.54 40.53 41.52 42.56 43.60 44.69 45.79 Hourly 6420 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,368 8,572 8,787 9,001 9,226 9,451 9,688 9,923 Monthly
47.10 48.28 49.45 50.69 51.93 53.23 54.53 55.89 57.25 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,334 8,537 8,751 8,964 9,188 9,412 9,648 9,883 Monthly
46.90 48.08 49.25 50.49 51.72 53.01 54.30 55.66 57.02 Hourly 6425 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,111 7,284 7,466 7,648 7,839 8,030 8,230 8,431 Monthly
40.02 41.03 42.02 43.07 44.12 45.23 46.33 47.48 48.64 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly
34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,203 6,354 6,513 6,672 6,839 7,006 7,180 7,357 Monthly
34.91 35.79 36.66 37.58 38.49 39.46 40.42 41.42 42.44 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,329 7,508 7,696 7,883 8,080 8,277 8,483 8,689 Monthly
41.25 42.28 43.32 44.40 45.48 46.62 47.75 48.94 50.13 Hourly 6542 INFORMATION TECHNOLOGY ANALYST SENIOR FLM 7,864 8,061 8,257 8,464 8,670 8,887 9,103 9,331 9,558 Monthly
45.37 46.51 47.64 48.83 50.02 51.27 52.52 53.83 55.14 Hourly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE NOVEMBER 29, 2025
SALARY STEPS
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
6485 LABORATORY SUPERVISOR FLM 7,061 7,238 7,414 7,600 7,785 7,980 8,174 8,378 8,582 Monthly
40.74 41.76 42.77 43.85 44.91 46.04 47.16 48.33 49.51 Hourly 6440 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly
34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6443 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly
34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6461 PLANNER-ASSOCIATE FLM 6,619 6,785 6,950 7,124 7,298 7,481 7,663 7,854 8,046 Monthly
38.19 39.14 40.10 41.10 42.10 43.16 44.21 45.31 46.42 Hourly 6465 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,705 8,917 9,140 9,363 9,597 9,831 10,076 10,324 Monthly
48.99 50.22 51.44 52.73 54.02 55.37 56.72 58.13 59.56 Hourly 6430 RECREATION SUPERVISOR I FLM 5,794 5,939 6,084 6,236 6,388 6,548 6,707 6,875 7,042 Monthly
33.43 34.26 35.10 35.98 36.85 37.78 38.69 39.66 40.63 Hourly 6445 RECREATION SUPERVISOR II FLM 6,373 6,533 6,692 6,860 7,027 7,203 7,378 7,562 7,746 Monthly
36.77 37.69 38.61 39.58 40.54 41.56 42.57 43.63 44.69 Hourly 6446 RECREATION SUPERVISOR III FLM 7,011 7,187 7,362 7,546 7,730 7,923 8,116 8,319 8,522 Monthly
40.45 41.46 42.47 43.53 44.60 45.71 46.82 47.99 49.17 Hourly 6610 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 6,987 7,157 7,336 7,515 7,703 7,891 8,088 8,285 Monthly
39.32 40.31 41.29 42.32 43.36 44.44 45.53 46.66 47.80 Hourly 6496 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly
49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6511 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly
54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly 6441 WATER DISTRIBUTION SUPERVISOR FLM 7,730 7,923 8,116 8,319 8,522 8,735 8,948 9,172 9,396 Monthly
44.60 45.71 46.82 47.99 49.17 50.39 51.62 52.92 54.21 Hourly 6560 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly
49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6510 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly
54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly
3. 112925 Salary Schedule Development Liason
11/12/20254:36 PM
Pensionable Compensation for New Members (PEPRA)
MOU Article 1.4 - Bilingual Pay - effective November 18, 2023Employees who are proficient in speaking a foreign language, as determined by the Cityreceive bilingual pay in the amount of 1.4% of the base rate of payMOU Article 14.7 - Shift DifferentialA shift differential of 5% of base pay shall be paid to those supervisors who are assigned to work an operator shift from 7:00pm to 7:00am.
If a supervisor who is assigned to an operator shift elects to utilize vacation, sick leave, CTO or any other paid leave time, shall not be paid shift differential while on such leave.MOU Article 14.1 - Water Certificate PayNon-Water FLM employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap)Certificate PayEmployees in the Parks Division who possess a Qualified Pesticide Applicator's Certificate will receive 1.5% of their base rate of pay.Employees in the Parks Division who possess a Pool Operations Certificate will receive 1.5% of their base rate of payEmployees in the Community Services Department who possess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant
3. 112925 Salary Schedule Development Liason
Agenda Item 20
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Merriment Village, Supplemental Loan Agreement Recommendation: Authorize the Mayor of the City of Yuba City to sign a Supplemental Loan Agreement between the City of Yuba City and Habitat for Humanity Yuba/Sutter, Inc. governing the disbursement of grant funds for Phase 1 (79 unit) Merriment Village Apartment project located at 428 North Walton Avenue, Assessor’s Parcel 58-120-001, after a detailed construction budget is provided for Exhibit C, which is subject to approval as to form by the City Attorney.
Fiscal Impact: Approve a Supplemental Loan Agreement between the City of Yuba City and Habitat for Humanity Yuba/Sutter, Inc. governing the disbursement of grant funds for Phase 1 (79 unit) Merriment Village Apartment project located at 428 North Walton Avenue, Assessor’s Parcel 58-120-001 as to its material terms, and authorize the Mayor to sign the same after a detailed construction budget is provided for Exhibit C of the Agreement, which is subject to approval as to form by the City Attorney.
Purpose:
To consider approving a Supplemental Loan Agreement between the City of Yuba City and Habitat for Humanity Yuba-Sutter Inc. to govern the disbursement of grant funds for Phase 1 of the Merriment Village Apartments project.
Council’s Strategic Goal:
This item meets the City Council’s strategic goals of quality infrastructure (housing), business friendly, and quality of life.
Background:
On September 19, 2023, the City Council approved Development Plan 23-02 for the Merriment Village Apartment project located at 428 North Walton Avenue. The project provides for a 218-unit incomebased apartment complex at 428 North Walton Avenue.
Since project approval, the applicant, Habitat for Humanity, has been working to secure project financing to construct the project.
In 2024, the project received significant funding from the State Department of Housing and Community Development Department (HCD) through a joint application between the City and Habitat in the form of a Homekey 3.0 Grant in the amount of $24,632,331 consisting of $22,632,331 for construction with the remaining amount to be dedicated to operating expenses.
On July 11, 2024, the City entered a Covenant and Loan Agreement with Habitat for Humanity Yuba/Sutter for Phase 1 of the Merriment Village project. This Agreement was recorded as Document Number 2024-0005918 and is attached to this staff report for reference.
On September 16, 2025, the City Council rescinded its approval of Development Plan 23-02, determining the Merriment Village Apartments meets the requirements of a Homekey project and that pursuant to Health & Safety Code Section 50675.1.3(i), newly filed Development Plan No. 25-02 is a ministerial project and that pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15268(a) and 15002(i), CEQA does not apply to ministerial projects, and approve Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit incomebased (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel 58-120-001).
Analysis:
The proposed Supplemental Loan Agreement is required to implement the existing Covenant and Loan Agreement with Habitat for Humanity Yuba-Sutter. The proposed agreement defines the conditions for the City to disburse loan (grant) funding by an outside third-party, City approved Disbursement Control agent, that will be paid for by Habitat for Humanity, for project construction. Disbursements will first be made from accrued interest accumulated since the City received the Homekey grant funding.
The proposed agreement defines insurance requirements, representation and warranties, and hazardous materials disclosure requirements.
A detailed construction budget is to be provided as Exhibit C to the Agreement prior to the Agreement being signed by the Mayor.
Additionally, the proposed agreement defines the developer (Habitat for Humanity Yuba-Sutter Inc.) responsibilities including how to reflect expenses incurred, reporting requirements and the agreement addresses circumstances of default and remedies.
The proposed agreement was prepared by the City Attorney’s Office and agreed to by Habitat for Humanity Yuba-Sutter, Inc.
Fiscal Impact:
This project does not have a direct General Fund impact. The City Council previously approved a Funding Commitment letter on May 2, 2023, to contribute $1,787,922 toward the City of Yuba City development fees and $155,000 annually of Permanent Local Housing Allocation (PLHA) Funding for ongoing annual operation costs. From the May 2, 2023, City Council staff report, the City’s contribution is in the form of development fee waivers as follows:
City Fee Fee Estimate
Development Impact Fees $780,147.91
Building Permit Fees $199,594.72
Sewer Connection & Extension Fees $495,956.07
Water Connection Fees $312,223.08
Total Estimated City Fees: $1,787,921.78
Alternatives:
Staff do not see any alternatives available regarding the proposed Supplemental Loan Agreement because this agreement is required to implement the existing Covenant and Loan Agreement by clearly defining the responsibilities and conditions for the disbursement of grant funding.
Recommendations:
Approve a Supplemental Loan Agreement between the City of Yuba City and Habitat for Humanity Yuba/Sutter, Inc. governing the disbursement of grant funds for Phase 1 (79 unit) Merriment Village Apartment project located at 428 North Walton Avenue, Assessor’s Parcel 58-120-001 as to its material terms, and authorize the Mayor to sign the same after a detailed construction budget is provided for Exhibit C of the Agreement, which is subject to approval as to form by the City Attorney.
Attachments:
1. Supplemental Loan Agreement
Prepared By: Submitted By:
Doug Libby, AICP
Director of Development Services
Robert Bendorf
Interim City Manager
ATTACHMENT 1
1 SUPPLEMENTAL LOAN AGREEMENT
THIS SUPPLEMENTAL LOAN AGREEMENT (“Agreement”) is executed as of _________, 2025, by and between HABITAT FOR HUMANITY YUBA/SUTTER, INC., a California nonprofit public benefit corporation (“Developer”), and the CITY OF YUBA CITY, a municipal corporation (“City”).
RECITALS:
A. On June 6, 2023, Developer acquired that certain unimproved real property consisting of approximately 7.5 acres located at 428 North Walton Avenue in City of Yuba City as legally described on Exhibit A-1 attached hereon (“Property”) for a purchase price of $2,125,000.
Concurrently with recordation of the deed, that certain Deed of Trust with Assignment of Rents dated June 1, 2023 securing the sum of Eight Hundred Fifty Thousand Dollars ($850,000) which was recorded as Instrument No. 2023-0005025 in the Official Records of Sutter County (“Hilbers Deed of Trust”).
B. On April 18, 2023, City received a presentation from Developer for the construction of a 217 unit apartment complex titled “Merriment Village Apartments,” on the Property. The estimated cost of the total project is approximately Twenty-Sive Million Five Hundred Thousand Dollars ($26,500,000) (“Project”). Rather than attempting to develop the Project all at once, Developer proposed to split the Project into multiple phases, with Phase 1 consisting of a 4-story, 79-unit assisted units and one manager unit, l to apply for Homekey program funding (“Phase 1”).
C. The California Department of Housing and Community Developer (“HCD”) funding typically requires a joint application with a local public entity. The public entity does not actually construct the approved project but does remain jointly and severally liable under the HCD Grant Agreement. On May 2, 2023, City Council adopted Resolution No. 23-056 authorizing a joint application with Developer to apply for Homekey 3.0 funds for Phase 1 and authorized the Mayor to submit a Funding Commitment letter for City commitments.
D. The joint application was submitted to HCD in May 2023 and was approved by HCD on February 13, 2024 (“Award Date”), and on June 13, 2024, City received the Standard Agreement No. 23-HK-18192 from HCD (“Original HCD Grant Agreement”), awarding Twenty-Four Million Six Hundred Thirty-Two Thousand Three Hundred Thirty-One Dollars ($24,632,331) in Homekey funding for Phase 1 (“Grant Funds” or “Award”) consisting of Twenty-Two Million Six Hundred Thirty-Two Thousand Three Hundred Thirty-One Dollars ($22,632,331) for the construction of capital improvements (“Grant Construction Funds”) and Two Million Six Hundred Fifteen Thousand Four Hundred Twenty-Five Dollars ($2,615,425) for operating expenses (“Grant Operating Funds”).
E. The Original HCD Grant Agreement provides that the Grant Funds can be distributed to “Grantee” which is Developer as the Eligible Applicant as defined therein. However, the Original HCD Grant Agreement provides that the City is jointly and severally liable for breach of the Original HCD Grant Agreement so City is requiring that all Grant Funds must be transferred to City for distribution by City.
F. Developer has indicated to City that there is currently a funding gap between the Grant Construction Funds and construction bids of approximately Five Million Dollars ($5,000,000) (“Gap”). Developer has indicated it has a tentative agreement with Five Star Bank to provide a sufficient money to cover the Gap (“Gap Loan”).
G. The Original HCD Grant Agreement was subsequently amended by that certain Homekey Request for Milestone Deadline Extension dated January 7, 2025 (“HCD Grant Agreement.)” The HCD Grant Agreement specifies a deadline for construction of the Improvements is on or before October 13, 2026 (“HCD Deadline Date”).
2 H. The Parties previously executed that certain Covenant and Loan Agreement (Merriment Village – Phase 1) dated July 11, 2024 which was recorded on July 11, 2024 as Instrument No. 2024-0005981 (“Original Loan Agreement”) in the Official Records of Sutter County (“Official Records”).
I. Developer executed that certain Declaration of Restrictive Covenants dated July 10, 2024 which was recorded on August 5, 2024 as Instrument No. 2024-006646 in the Official Records (“HCD Covenant”). The Original Loan Agreement was subordinated to the HCD Covenant pursuant to that certain Subordination Agreement dated June 6, 2025 and recorded on June 27, 2025 Instrument No. 2025-0005620 in the Official Records.
J. This Agreement shall supplement and supersede the Original Loan Agreement to the extent of any discrepancy.
NOW, THEREFORE, incorporating the foregoing recitals, Developer and City hereby agree as follows:
ARTICLE 1. DEFINITIONS
1.1. Defined Terms. The following capitalized terms generally used in this Agreement shall have the meanings as defined herein below. Certain other capitalized terms used only in specific sections of this Agreement are defined in such sections.
“Account” means the non-interest bearing demand account with Bank solely in City’s name, account number 9512144 into which the Construction Loan Funds will be deposited and City shall have total and absolute control of said account.
“Accrued Interest” is the interest earned on the Grant Funds from City’s receipt of the Grant Funds to the date that the Account is established which totals $1,000,481.32. “Architect” means BSB, Design, Inc.
“Architect Agreement” means that certain agreement dated Professional Services Agreement dated December 8, 2022 by and between Developer and Architect for the design of the Improvements.
“Available Construction Funds” has the meaning set forth in Section 3.1.A.d. “Award” has the meaning set forth in Recital D.
“Bank” means Five Star Bank (branch located in Yuba City). “Bankruptcy Code” means the Bankruptcy Reform Act of 1978 (11 U.S.C.A. §§ 101 to 1330) as now or hereafter amended or recodified.
“Bonded Work” shall have the meaning ascribed to such term in Section 8.1. “City” shall have the meaning ascribed to such term in the Preamble of this Agreement. “City Payment Processing Period” means, provided that Developer delivers the applicable Draw Request to the Distribution ContolAgent with a copy to City under cover of a written notice stating in bold, all-capitalized letters what the outside date for such City Payment Processing Period is for that specific Draw Request which is five (5) days from delivery of the complete Draw Request. “City Construction Representative” means the person or company assigned by City to act on its behalf under this Agreement to review all required items including the budget, etc. and to execute approvals on City’s behalf.
“Completion of Improvements” is defined in Section 2.7. “Construction Agreement” means that certain Design-Build Agreement dated January 10, 2023 as supplemented by that certain (a) Exhibit A-2 dated February 14, 2023 and (b) Amendment No.
3 2 to Design-Build Agreement (revised 10/1325) with Contractor which has (i) a retainage provision; and (ii) a provision requiring compliance with prevailing wages. “Construction Budget” means the construction budget for the Construction Loan Funds in accordance with Exhibit D.
“Construction Loan Funds” means the portion of the Loan for Grant Construction Funds and the Accrued Interest.
“Contractor” means Hibers, Inc. as the general contractor. “Deed of Trust” means that certain Construction Deed of Trust, Assignment of Rents & Fixture Filing of even date herewith executed by Developer, as trustor, to Fidelity National Title Company, as trustee, for the benefit of City, as beneficiary, as maybe amended, supplemented, replaced or modified.
“Default” or “Event of Default” shall have the meaning ascribed to such term in Section 11.1. “Developer” shall have the meaning ascribed in the Preamble of this Agreement. “Developer Distributions” means any transfer of cash or other property from Developer to any constituent member or statutory manager thereof, whether characterized as a distribution, dividend, redemption, fee, repayment of a loan or otherwise. “Distribution Control Agent” means Fidelity National Control Company (a division of Fidelity National Financial Company) to provide construction disbursement services on behalf of City to handle the distribution of the Grant Constructions Funds pursuant to this Agreement. The costs of such services shall be paid by Developer.
“Distribution Control Agreement” means the distribution control agreement executed by City and the Distribution Control Agent.
“Draw Request” shall have the meaning set forth in Exhibit D for the distribution of the Loan. “Entitlements” means the entitlements for the Improvements as set forth on Exhibit A-2. “Effective Date” means the date the Construction Deed of Trust is recorded in the Official Records of the County of Sutter and the Title Policy is issued. “Environmental Report” means the reports actually received by City as contemplated in Section
3.1(d) of this Agreement.
“Gap” has the meaning in Recital F.
“Gap Loan” means the loan made by Bank to Developer in the amount of Five Million Dollars ($5,000,000) to fund the deficiency between the Construction Budget and the Grant Construction Funds.
“Gap Loan Deed of Trust” means the deed of trust securing the Gap Loan. “Gap Special Agreement” means that certain Special Agreement among Bank, Developer and City restricting the distribution of the Gap Loan.
“Grant Construction Funds” has the meaning in Recital D. “Grant Operating Funds” has the meaning in Recital D.
“Hazardous Materials” shall have the meaning ascribed to such term in Section 7.1(a). “Hazardous Materials Claims” shall have the meaning ascribed to such term in Section 7.1(c). “Hazardous Materials Laws” shall have the meaning ascribed to such term in Section 7.1(b). “HCD” has the meaning in Recital C.
4 “HCD Covenant” has the meaning in Recital I.
“HCD Deadline Date” has the meaning in Recital G.
“HCD Grant Agreement” has the meaning set forth in Recital D. “Hilbers Deed of Trust” has the meaning set forth in Recital A which shall be subordinated to the Deed of Trust as set forth herein.
“Improvements” means the improvements for Phase I of the Project and which are described on Exhibit A-3.
“Inspection Company” means a company selected by City for the inspection of the improvements for purposes of authorizing distribution of Construction Loan Funds. City may elect to contract for such services with the Distribution Control Agent. “Loan” means the Grant Funds plus the Accrued Interest which totals Twenty-Three Million Six Hundred Thirty-Two Thousand Eight Hundred Twelve Dollars and Thirty Cents ($23,632,812.30). “Loan Agreement” shall mean the Original Loan Agreement as amended by this Supplemental Loan Agreement.
“Loan Documents” means those documents listed in Exhibit B as Loan Documents as same may be amended, supplemented, replaced or modified as permitted by this Agreement. “Maturity Date” is defined in Section 2.5.
“Note” means that certain Promissory Note Secured by Construction Deed of Trust of even date herewith, in the amount of the Loan, which Note is executed by Developer and payable to the order of City, as may be amended, supplemented, replaced or modified as permitted by this Agreement.
“Obligee” shall have the meaning ascribed to such term in Section 8.1. “Official Records” means the official real property records of Sutter County, “Original Loan Agreement” has the meaning set forth in Recital H. “Other Related Documents” means those documents, as hereafter amended, supplemented, replaced or modified from time to time, properly executed listed in Exhibit B as “Other Related Documents.”
“Out of Balance Notice” shall have the meaning ascribed to such term in Section 3.1(b). “Plans and Specifications” means those certain plans and specification for the Improvements prepared by the Architect and approved by City as summarized in Exhibit A-4. “Principal Subs” shall have the meaning ascribed to such term in Section 4.6. “Project” means the affordable housing project to be built on the Property in accordance with the Plans and Specifications and the Entitlements.
“Property” shall have the meaning ascribed to such term in Recital A. “Required Approval Matter” means any matter requiring the consent of City under the Loan Documents.
“Retention” means the ten percent (10%) of the amount of the Draw Request which shall be retained by City until the final distribution of Loan funds. “Secured Obligations” shall have the meaning ascribed to such term in the Deed of Trust. “Security Agreement” means that certain Personal Property Security Agreement of even date with the Note executed by Developer in favor of City providing a security interest in all personal
5 property purchased or otherwise acquired by the Loan for the Improvements, together with a UCC-1 filing.
“Set Aside Letter” shall have the meaning ascribed to such term in Section 8.1. “Subdivision Map” or “Map” shall have the meaning ascribed to such term in Section 9.4. “Surety” shall have the meaning ascribed to such term in Section 8.1. “Title Company” shall mean a title company selected by City. “Title Policy” means an ALTA loan title insurance policy issued by the Title Company insuring the Deed of Trust in first lien position senior to the Hilbers Deed of Trust and the Gap Loan Trust Deed, with coverage in the amount of the Loan subject to such exceptions approved by City together with endorsements as required by City.
1.2. Exhibits Incorporated. The following exhibits are attached hereto, are hereby incorporated into this Agreement:
Exhibit A - 1 Legal Description of Property
Exhibit A - 2 Entitlements
Exhibit A - 3 Improvements
Exhibit A - 4 Plans & Specifications
Exhibit B Loan Documents
Exhibit C Construction Budget
Exhibit D Disbursement Process
ARTICLE 2. LOAN
2.1. Loan. City agrees to disburse the Loan which is evidenced by the Note pursuant to the terms of this Loan Agreement. This Agreement supplements the Original Loan Agreement and supersedes the Original Loan Agreement to the extent of any conflict. The Note shall be secured by the Deed of Trust encumbering the Property together with the Security Agreement and the Collateral Gap Loan Assignment. The Loan funds shall be periodically disbursed to or on behalf of Developer by the Distribution Control Agent pursuant to the terms of this Agreement which funds shall be used solely as provided in this Agreement.
2.2. Loan Documents. Concurrently with this Agreement, Developer shall deliver to City the originally executed Note, the Deed of Trust (acknowledged), the Security Agreement and the Gap Special Agreement. The remaining Loan Documents (described in Exhibit B) and the Other Related Documents (described in Exhibit B) must be execute and delivered to City prior to any distribution of the Loan.
2.3 HCD Grant Agreement.
(a) Compliance. Developer shall diligently comply with all requirements under the HCD Grant Agreement including, but not limited, to compliance with deadlines, reporting requirements, use of funds, etc.
(b) HCD Demand. If HCD demands the return of the Grant Funds under the HCD Grant Agreement due to a breach of the HCD Grant Agreement by Developer, City shall comply with same after reasonable attempts to convince HCD to revoke such demand and allow the continued distribution of the Loan. If City returns the Grant Funds or any remaining amount to HCD, City shall have no further obligations to disburse the Loan under this Agreement,
6 Developer shall be deemed in Default of this Agreement, and City shall have all remedies available as set forth in Article 11. Developer hereby indemnifies City for any and all liability under the HCD Grant Agreement.
2.4. Effective Date. The date of the Loan Documents is for reference purposes only. The Effective Date of the Loan Documents and Developer’s and City’s obligations under the Loan Documents shall be the date the Deed of Trust and Subordination Agreement are recorded in the Office of the County Recorder of the county where the Property is located and the Title Policy is issued to City.
Construction Loan Funds shall be distributed pursuant to Article 3.
2.5. Note. The Note shall be due and payable as set forth in the Note which provides for forgiveness of principal under certain terms and conditions.
2.6. Disbursement of Grant Operating Funds. City shall disburse the Grant Operating Funds in accordance with the requirements in the HCD Grant Agreement for the operations of the Improvements after same have been completed.
2.7 Completion of Improvements. The Improvements shall be deemed completed (“Completion of Improvements”) upon the last to occur of: (i) the final Architect certificate is issued; (ii) Developer has satisfied all conditions for the release of the Retention; and (iii) the City as the governmental entity having jurisdiction has issued a certificate of occupancy for the Improvements in accordance with City’s municipal code and standard procedures. Notwithstanding the foregoing, Completion of Improvements are expected to be completed within sixteen (16) months of the Effective Date but no later than the dated specified in the HCD Grant Agreement.
2.8 Completion and Reconveyance. Upon Completion of Improvements and full disbursement of the Grant Operating Funds and provided there is no Default under this Agreement, City shall issue a full reconveyance from the lien of the Deed of Trust and otherwise release City’s security interest in all other personal property collateral that secure the Loan; provided, however, that all of the following conditions shall be satisfied at the time of, and with respect to, such reconveyance: (a) City shall have received all escrow, closing and recording costs, the costs of preparing and delivering such reconveyance and any sums then due and payable under the Loan Documents, and (b) City shall have received a written release satisfactory to City of any set aside letter, letter of credit or other form of undertaking which City has issued (or caused to be issued) to any surety, governmental agency or any other party in connection with the Loan and/or the Property and Improvements. City’s obligation to make further disbursements under the Loan shall terminate as to any portion of the Loan undisbursed as of the date of issuance of such full release or reconveyance, and any commitment of City to lend any undisbursed portion of the Loan shall be canceled. Any remaining undisbursed Grant Construction Funds shall be disbursed in accordance with the HCD Grant Agreement.
ARTICLE 3. DISBURSEMENT
3.1. Conditions to Distribution of Loan Funds.
A. General Requirements. City’s obligation to make any disbursements of the Loan Funds (or authorize same to be distributed by the Distribution Control Agent) or take any other action under the Loan Documents shall be subject at all times to satisfaction of each of the following general conditions:
a. There shall exist no Default under this Agreement, a default under any of the other Loan Documents, the HCD Grant Agreement and/or the HCD Covenant. b. HCD has not demanded the return of Grant Funds under the HCD Grant Agreement. c. Any undisbursed amount of the Grant Construction Funds, the Accrued Interest, plus the Gap Loan (collectively the “Available Construction Funds”) shall be at all times equal to
7 or greater than the amount which City from time to time reasonably determines necessary to: (i) pay, through completion, all costs of renovation, development and construction of the Improvements in accordance with the Loan Documents; (ii) pay all sums which may accrue under the Loan Documents prior to repayment of the Loan; and (iii) enable Developer to perform and satisfy all of the covenants of Developer contained in the Loan Documents. If City reasonably determines at any time that the undisbursed Available Construction Funds are insufficient for said purposes, City may deliver to Developer written notice demanding that Developer then deposit funds equal to such deficiency in the Account (“Out of Balance Notice”), in which event Developer shall deposit the amount of such deficiency within thirty (30) days after the date of delivery of the applicable Out of Balance Notice which may be drawn from the Gap Loan.
d. Developer, Bank and City have executed the Gap Special Agreement. e. City shall have received all Loan Documents, the Other Related Documents, any other documents, instruments, policies, and forms of evidence or other materials requested by City under the terms of this Agreement or any of the other documents reasonably requested by City and the Title Policy has been issued to City. f. City has executed the agreement with the Distribution Control Agent and the City Construction Representative.
g. City has received all the insurance specified in Sections 5.2 through 5.5, inclusive. h. City acknowledges that it has received and approved in form and substance satisfactory to City: (i) a soils report for the Property and Improvements; (ii) an environmental questionnaire and environmental site assessment with respect to the presence, if any, of Hazardous Materials on the Property and Improvements; (iii) two sets of the Plans and Specifications, certified as complete by the Architect (or if the Plans and Specifications for the entirety of the Improvements are not then complete or some portion of the Improvements are to be constructed using a design/build process, in either such case pursuant to partial Plans and Specifications and for which a valid building permit has been issued, then such portion of the Plans and Specifications to the extent that payment for such portion of the Improvements is to be covered by a current disbursement request), together with evidence of all necessary or appropriate approvals of governmental agencies; (iv) copies of all agreements which are material to completion of the Improvements; (v) copies of all building permits and similar permits, licenses, approvals, development agreements and other authorizations of governmental agencies required in connection with the development of the Property and Improvements, or, and (vi) copies of any initial study, negative declaration, mitigated negative declaration, environmental impact report, notice of determination or notice of exemption prepared, adopted, certified or filed by any governmental agency in connection with the Property.
B. Specific Conditions for Each Disbursement. City’s obligation to make each requested disbursement of the Loan (or authorize same to be distributed by the Distribution Control Agent) shall be subject at all times to compliance with the Disbursement Process specified in Exhibit D.
3.2 Conditions to Disbursement of Grant Operating Funds. City’s obligation to make any disbursements from time to time of the Grant Operating Funds or take any other action under the Loan Documents shall be subject at all times to satisfaction of each of the following general conditions precedent:
a. There shall exist no Default under this Agreement, or under any of the other Loan Documents, the HCD Grant Agreement and/or the HCD Covenant. b. HCD has not demanded the return of Grant Funds under the HCD Grant Agreement.
8 c. Developer has provided all reports to HCD as required under the HCD Grant Agreement. d. Developer has provided reasonable detail in the disbursement request as to the use of the requested Grant Operating Funds which is consistent with the HCD Grant Agreement for such funds.
3.3. Account, Pledge and Assignment, and Disbursement Authorization. The proceeds of the Grant Constructions Funds and Gap Loan, when qualified for disbursement, shall be deposited into the Account or otherwise disbursed to or for the benefit or account of Developer under the terms of this Agreement. Disbursements hereunder may be made by City upon the written request of any person who has been authorized by Developer to request such disbursements until such time as written notice of Developer’s revocation of such authority is received by City at the address shown in Exhibit D. As additional security for Developer’s performance under the Loan Documents, Developer hereby irrevocably pledges and assigns to City the Gap Loan pursuant to the Collateral Gap Loan Assignment.
3.4. Gap Special Agreement. A copy of the execute documents for the Gap Loan (“Gap Loan Agreement”) shall be provided to City for its review and approval. The Bank, Developer and City shall enter into the Gap Special Agreement whereby the Bank agrees to restrict the distribution of the Gap Loan to certain requirements including that disbursements are not to be made without the written consent of City.
3.5 Loan Disbursement Process. Subject to the conditions set forth hereinabove, the proceeds of the Loan shall be disbursed in accordance with the terms and conditions set forth in Exhibit D.
Disbursements shall be made first from the Accrued Interest until depleted. All disbursements shall be made through the Distribution Control Agent.
ARTICLE 4. CONSTRUCTION
4.1. Commencement and Completion. Developer shall NOT conduct any work on the Property prior to the Effective Date as it will break priority. Developer shall promptly commence construction of the Improvements without delay after the Effective Date and shall diligently prosecute same to completion in accordance with Section 2.7 on or before the earlier of: (i) the date specified in any applicable permits for the Project Entitlements; or (ii) the date specified in Exhibit E of the HCD Grant Agreement (as may be amended by HCD and the parties hereto). As soon as practicable after the commencement of construction, Developer shall contact HCD to obtain an extension of the HCD Deadline Date.
4.2. Force Majeure. The time within which construction of the Improvements must be completed shall be extended for a period of time equal to the period of any delay directly affecting construction which is caused by fire, earthquake or other acts of God, unexpected inclement weather, utility shortages or interruptions, strike, lockout, acts of public enemy, riot, insurrection, or governmental regulation of the sale or transportation of materials, supplies or labor, the failure of any governmental authority to issue any Project Entitlement for reasons beyond Developer’s reasonable control, the failure of any condition of approval on any Project Entitlement for any reason beyond Developer’s reasonable control, or any moratorium enacted by any governmental authority over Developer’s opposition that prohibits, impairs, delays or restricts development of the Improvements; provided, however, that Developer shall furnish City with written notice satisfactory to City evidencing any such delay within ten (10) days after the occurrence of any such delay. In no event shall the time the anticipated date for completion of the Improvements be extended beyond the Maturity Date or more than one hundred twenty (120) days beyond the Completion Date as scheduled prior to such delay.
4.3. Construction Agreement. Developer has retained the General Contractor which is a California licensed general contractor to construct the Improvements, Developer has provided evidence of Contractor’s qualifications and financial strength as well as the Construction Agreement pursuant to
9 the terms and conditions of which Contractor is to construct the Improvements which includes payment of prevailing wages and includes a Retention provision. Developer shall require Contractor to perform in accordance with the terms of the Construction Agreement and shall not amend, modify or alter the Construction Agreement without City’s prior written consent, consent shall not be unreasonably withheld, conditioned or delayed. Developer shall execute, upon City’s request, an assignment of Developer’s rights under the Construction Agreement to City as security for Developer’s obligations under this Agreement and the other Loan Documents and shall cause the Contractor to consent to any such assignment.
4.4. Architect’s Agreement. Developer and Architect have entered into the Architect’s Agreement, pursuant to which Architect has designed the Improvements. Developer shall require Architect to perform in accordance with the terms of the Architect’s Agreement and shall not amend, modify or alter the Architect’s Agreement without City’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Upon City’s request, Developer shall execute an assignment of the Architect’s Agreement and the Plans and Specifications to City as additional security for Developer’s performance under this Agreement and the other Loan Documents and shall cause the Architect to consent to any such assignment.
4.5. Plans and Specifications.
(a) Changes; City Consent. Except as otherwise provided in this Agreement, Developer shall not make any changes in the Plans and Specifications or the Improvements without City’s prior written consent. Without limiting the above, City agrees that Developer may make minor changes in the Plans and Specifications and Improvements without City’s prior written consent, provided that such changes do not violate any of the conditions specified herein.
Notwithstanding the foregoing, City shall not have any approval rights respecting any change in the Plans and Specifications or the Improvements if such change follows inevitably from previously approved Plans and Specifications or changes thereto. Developer shall at all times maintain, for inspection by City, a set of working drawings of the Improvements. (b) Changes; Submission Requirements. Developer shall submit any proposed change in the Plans and Specifications requiring City’s consent to City prior to the commencement of construction relating to such proposed change, at least ten (10) days prior to the commencement of construction. Requests for any change which requires consent shall be accompanied by working drawings (or appropriate submittals) and a written description of the proposed change, submitted on a change order form acceptable to City, signed by Developer and, if required by City, also by the Architect. At its option, City may require Developer to provide: (i) evidence satisfactory to City of the cost and time necessary to complete the proposed change; and (ii) a deposit in the amount of any increased costs into the Account. (c) Consent Process. Developer acknowledges that City’s review of any changes and required consent may result in delays in construction and hereby consents to any such delays.
Nevertheless, City shall use commercially reasonable efforts to respond to requests for approval within the time periods provided in this Agreement.
(d) Final Plans and Specifications. Upon completion of the Improvements, Developer shall deliver to City within sixty (60) days a set of final, as-built Plans and Specifications.
4.6. Contractor/Construction Information. Developer shall deliver to City in a form acceptable to City: (a) a list detailing the name, address and phone number of each contractor, subcontractor and material supplier to be employed or used for construction of the Improvements who is under contract or otherwise has been selected to supply goods or services or perform work for the Project.
Developer agrees that City’s approval of any contractor, subcontractor or material supplier if and to the extent permitted under the terms of this Agreement shall not constitute a warranty or representation of qualification by City. City may contact any contractor, subcontractor or material supplier to discuss the course of construction.
10 4.7. Prohibited Contracts. Without City’s prior written consent, Developer shall not contract for any materials, furnishings, equipment, fixtures or other parts or components of the Improvements, if any third party shall retain any ownership interest (other than lien rights created by operation of law) in such items after their delivery to the Property and Improvements.
4.8. Liens and Stop Notices. If a claim of lien is recorded which affects the Property or Improvements or a bonded stop notice is served upon City, within twenty (20) days after such recording or service or within five (5) days after City’s demand, whichever occurs first, Developer, at Developer’s election, shall do one of the following: (a) pay and discharge the claim of lien or bonded stop notice; (b) effect the release thereof by recording or delivering to City a surety bond in sufficient form and amount; or (c) provide City with other assurances which City deems, in its sole discretion, to be satisfactory for the payment of such claim of lien or bonded stop notice and for the full and continuous protection of City from the effect of such lien or bonded stop notice.
4.9. Construction Responsibilities. Developer shall diligently construct the Improvements in a workmanlike manner substantially in accordance with the Plans and Specifications and the recommendations of any soils or Architect report approved by City pursuant to Section 3.1.
Developer shall comply with all applicable laws, ordinances, rules, regulations, building restrictions, recorded covenants and restrictions, and requirements of all regulatory authorities having jurisdiction over the Property or Improvements, including, but not limited to, payment of prevailing wages.
Developer shall be solely responsible for all aspects of Developer’s business and conduct in connection with the Property and Improvements, including, without limitation, for the quality and suitability of the Plans and Specifications and their compliance with all governmental requirements, the supervision of the work of construction, the qualifications, financial condition and performance of all architects, contractors, subcontractors material suppliers, consultants and property managers, and the accuracy of all applications for payment and the proper application of all disbursements. City is not obligated to supervise, inspect or inform Developer or any third party of any aspect of the construction of the Improvements or any other matter referred to above.
4.10. Assessments and Community Facilities Districts. Without City’s prior written consent, Developer shall not cause or suffer to become effective or otherwise consent to the formation of any assessment district or community facilities district which includes all or any part of the Property and Improvements. Nor shall Developer cause or otherwise consent to the levying of special taxes or assessments against the Property and Improvements by any such assessment district or community facilities district.
4.11. Delay. Developer shall promptly notify City in writing of any event causing delay or interruption of construction, or the timely completion of construction. The notice shall specify the particular work delayed, and the cause and period of each delay.
4.12. Inspections. City shall have the right to enter upon the Property at all reasonable times to inspect the Improvements and the construction work to verify information disclosed or required pursuant to this Agreement. Any inspection or review of the Improvements by City is solely to determine whether Developer is properly discharging its obligations to City and may not be relied upon by Developer or by any third party as a representation or warranty of compliance with this Agreement or any other agreement. City owes no duty of care to Developer or any third party to protect against, or to inform Developer or any third party of, any negligent, faulty, inadequate or defective design or construction of the Improvements as determined by City.
4.13. Surveys. Upon City’s written request, Developer shall promptly deliver to City: (a) a current survey of the Property showing the location of the Improvements on the Property (as constructed as of the date of such survey), all easements, encroachments and applicable governmental setbacks; and (b) upon completion of the Improvements, an as-built survey acceptable to a title insurer for purposes of issuing an ALTA policy of title insurance. All such surveys shall be performed and certified by a licensed Architect or surveyor acceptable to the title insurer.
11 4.14 Compliance with Laws. Developer shall comply with all laws, ordinances and regulations applicable to the Property and Phase 1, including, prevailing wages.
ARTICLE 5. INSURANCE
Developer shall, while any obligation of Developer under any Loan Document remains outstanding, maintain at Developer’s sole expense, with licensed insurers approved by City, the following policies of insurance in form and substance satisfactory to City:
5.1. Title Insurance. A Title Policy insuring City, in the principal amount of the Loan (plus the Accrued Interest), of the validity and the priority of the lien of the Deed of Trust upon the Property and Improvements, subject only to matters approved by City in writing. During the term of the Loan, Developer shall cause to be delivered to City: (a) the title endorsements as specified as a condition to the disbursements under Exhibit D; and (b) within five (5) days after City’s written request, such other endorsements to the Title Policy as City may reasonably require.
5.2. Property Insurance. A Builders Risk Completed Value Hazard Insurance policy, including, without limitation, such endorsements as City may require, insuring City against damage to the Property and Improvements in an amount acceptable to City. City shall be named on the policy under a City’s Loss Payable Endorsement.
5.3. Flood Hazard Insurance. A policy of flood insurance, as required by applicable governmental regulations, or as deemed necessary by City. Flood insurance shall not be required if Developer provides a flood certificate with a FEMA elevation certificate o City evidencing that no portion of the Property is in a flood zone.
5.4. Liability Insurance. A policy of commercial general liability insurance with limits as required by City, insuring against liability for injury and/or death to any person and/or damage to any property occurring on the Property and/or in the Improvements from any cause whatsoever.
5.5. General. Developer shall provide to City the originals of all required insurance policies, or other evidence of insurance acceptable to City from issuers licensed in California and reasonably satisfactory to City. All insurance policies shall provide that the insurance shall not be cancelable or materially changed without ten (10) days prior written notice to City. City shall be named under a City’s Loss Payable Endorsement on all insurance policies which Developer actually maintains with respect to the Property and Improvements. Developer shall provide to City evidence of any other hazard insurance City may deem necessary at any time during the Loan.
ARTICLE 6. REPRESENTATIONS AND WARRANTIES
As a material inducement to City’s entry into this Agreement, Developer represents and warrants to City as of the Effective Date and as of the date each Draw Request is submitted to City pursuant to Exhibit D (provided, however, that to the extent circumstances have changed for reasons beyond the reasonable control of Developer such that Developer must qualify such representations and warranties as of the date of delivery of any such Draw Request, such qualification, to the extent it renders the applicable representation materially untrue or breaches the applicable warranty, shall merely be a failure of condition to City’s obligation to disburse funds under the provisions of Exhibit D, as opposed to constituting a Default) that:
6.1. Authority/Enforceability. Developer is in compliance with all laws and regulations applicable to its organization, existence and transaction of business and has all necessary rights and powers to own, develop and operate the Property and Improvements as contemplated by the Loan Documents.
6.2. Binding Obligations. Developer is authorized to execute, deliver and perform its obligations under the Loan Documents and such obligations are and shall continue to be valid and binding
12 obligations of Developer.
6.3. Formation and Organizational Documents. Developer has delivered to City all formation and organizational documents of Developer and all such formation and organizational documents remain in full force and effect and have not been amended or modified since they were delivered to or otherwise approved by City. Developer shall immediately provide City with copies of any amendments or modifications of the formation or organizational documents, to the extent permitted hereunder.
6.4. No Violation. Developer’s execution, delivery, and performance under the Loan Documents do not: (a) require any consent or approval not heretofore obtained under any partnership agreement, operating agreement, limited liability company agreement, articles of incorporation, bylaws or other document; (b) materially violate any governmental requirement applicable to the Property and Improvements or any other statute, law, regulation or ordinance or any order or ruling of any court or governmental entity; (c) materially conflict with, or constitute a material breach or default or permit the acceleration of obligations under any agreement, contract, lease, or other document by which the Developer is or the Property and Improvements are bound or regulated; or (d) materially violate any statute, law, regulation or ordinance, or any order of any court or governmental entity.
6.5. Compliance with Laws. Developer has, and at all applicable times shall have obtained, all permits, licenses, exemptions, and approvals necessary to construct, and market the Property and Improvements for the development, and shall maintain substantial compliance with all governmental requirements applicable to the Property and Improvements and all other applicable statutes, laws, regulations and ordinances necessary for the transaction of its business.
6.6. Litigation. Except as disclosed to City in writing, there are no claims, actions, suits, or proceedings pending, or to Developer’s knowledge threatened, against Developer or affecting the Property or Improvements that are of a material nature and that, if successfully prosecuted against Developer would create a material adverse change in the financial condition of Developer.
6.7. Financial Condition. All financial statements and information relating to the financial condition of Developer, the Property, and the Improvements, which have been heretofore and hereafter are delivered to City by Developer, fairly and accurately represent as of the date of such delivery the financial condition of the subject thereof and have been prepared (except as noted therein) in accordance with generally accepted accounting principles consistently applied. Developer acknowledges and agrees that City may request and obtain additional information from third parties regarding any of the above, including, without limitation, credit reports. City agrees not to request a credit report without at least three (3) days prior written notice to Developer. City shall use reasonable efforts to protect the privacy of any Developer financial information to the extent permitted by applicable law.
6.8. Loan Proceeds and Adequacy. The undisbursed Loan proceeds, together with Gap Loan and all other sums, if any, to be provided by Developer as shown in the Construction Budget are sufficient to complete construction of the Improvements in accordance with the terms and conditions of this Agreement.
6.9. Accuracy. All reports, documents, instruments, information and forms of evidence delivered to City concerning the Loan or security for the Loan or required by the Loan Documents are accurate, correct and sufficiently complete to give City true and accurate knowledge of their subject matter, and do not contain any material misrepresentation or omission.
6.10. Tax Liability. Developer has filed all required federal, state, county and municipal tax returns and has paid all taxes and assessments owed and payable by Developer or with respect to the Property, and Developer has no knowledge of any basis for any additional payment with respect to any such taxes and assessments.
13 6.11. Utilities. All utility services, including, without limitation, gas, water, sewage, electrical and telephone, necessary for the development and occupancy of the Property and Improvements are available at or within the boundaries of the Property, or Developer has taken all steps reasonably necessary to date to assure that all such services will be available upon completion of the Improvements.
6.12. Compliance. Developer is familiar with and in substantial compliance with all governmental requirements for the development of the Property and construction of the Improvements and will substantially conform to and comply with all governmental requirements and the Plans and Specifications.
6.13. Americans With Disabilities Act Compliance. To the extent applicable, the Improvements have been or will be designed and shall be constructed and completed, and thereafter maintained, in general accordance and substantial compliance with all of the requirements of the Americans with Disabilities Act, of July 26, 1990, Pub. L. No. 101-336, 104 Stat. 327, 42 U.S.C.A. §§ 12101 to 12213, as amended from time to time. Developer shall be responsible for all ADA compliance costs; provided however, City acknowledges and agrees that construction and operation of portions of the Improvements which are intended to satisfy the foregoing representation and warranty and any related covenant of Developer may be funded by the Loan.
6.14. Loan. The Loan (plus the Accrued Interest) is to solely distributed in accordance with the uses specified in the HCD Grant Agreement and this Agreement because City is jointly and severally liable for the use of the Grant Funds under the HCD Grant Agreement.
ARTICLE 7. HAZARDOUS MATERIALS
7.1. Special Representations and Warranties. Without in any way limiting the other representations and warranties set forth in this Agreement, and after reasonable investigation and inquiry, and except as disclosed in the Environmental Report or otherwise disclosed in writing to City prior to the date of this Agreement, Developer hereby specially represents and warrants to the best of Developer’s knowledge as of the date of this Agreement as follows:
(a) Hazardous Materials. The Property and Improvements are not and have not been a site for the use, generation, manufacture, storage, treatment, release, threatened release, discharge, disposal, transportation or presence of any oil, flammable explosives, asbestos, urea formaldehyde insulation, radioactive materials, hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any substances which are “hazardous substances,” “hazardous wastes,” “hazardous materials,” “toxic substances,” “wastes,” “regulated substances,” “industrial solid wastes,” or “pollutants” under the Hazardous Materials Laws, as described below, and/or other applicable environmental laws, ordinances or regulations (collectively, the “Hazardous Materials”). “Hazardous Materials” shall not include commercially reasonable amounts of such materials used in the ordinary course of preparation of the Property for construction, construction of the Improvements and operation of the Property which are used and stored in accordance with all applicable environmental laws, ordinances and regulations.
(b) Hazardous Materials Laws. The Property and Improvements are in substantial compliance with all laws, ordinances and regulations relating to Hazardous Materials (“Hazardous Materials Laws”), including, without limitation: the Clean Air Act, as amended, 42 U.S.C.A. §§ 7401 to 7449; the Federal Water Pollution Control Act, as amended, 33 U.S.C.A. §§ 1251 to 1274; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.A. §§ 6901 to 6908a; the Comprehensive Environment Response, Compensation and Liability Act of 1980, as amended (including the Superfund Amendments and Reauthorization Act of 1986, “CERCLA”), 42 U.S.C.A. §§ 9601 to 9628; the Toxic Substances Control Act, as amended, 15 U.S.C.A. §§ 2601 to 2629; the Occupational Safety and Health Act, as amended, 29 U.S.C.A. § 651, the
14 Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C.A. §§ 11001 to 11005; the Mine Safety and Health Act of 1977, as amended, 30 U.S.C.A. §§ 801 to 804; the Safe Drinking Water Act, as amended, 42 U.S.C.A. §§ 300f to 300j-26; and all comparable state and local laws, laws of other applicable jurisdictions or orders and regulations. (c) Hazardous Materials Claims. There are no claims or actions (“Hazardous Materials Claims”) pending or threatened against Developer, the Property or Improvements by any governmental entity or agency or by any other person or entity relating to Hazardous Materials or pursuant to the Hazardous Materials Laws.
7.2. Hazardous Materials Covenants. Developer agrees as follows:
(a) No Hazardous Activities. Except for the implementation of remediation programs or plans required under agreements, orders or consent decrees referenced in the Environmental Report, Developer shall not cause or permit the Property or Improvements to be used as a site for the use, generation, manufacture, storage, treatment, release, discharge, disposal, transportation or presence of any Hazardous Materials.
(b) Compliance. Except to the extent such compliance is to be the result of the implementation of remediation programs or plans required under agreements, orders or consent decrees referenced in the Environmental Report, Developer shall comply and cause the Property and Improvements to comply with all Hazardous Materials Laws. (c) Notices. Except for those matters set forth in the Environmental Report or otherwise disclosed in writing to City prior to the date of this Agreement, Developer shall immediately notify City in writing of: (i) the discovery of any Hazardous Materials on, under or about the Property and Improvements; (ii) any knowledge by Developer that the Property and Improvements are not in material compliance with any Hazardous Materials Laws; (iii) any Hazardous Materials Claims; and (iv) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as Border Zone Property.
(d) Remedial Action. Except with respect to any Hazardous Materials, violations of Hazardous Materials Laws and Hazardous Materials Claims that are to be remedied by the implementation of remediation programs or plans required under agreements, orders or consent decrees referenced in the Environmental Report, in response to the presence of any Hazardous Materials on, under or about the Property or Improvements, Developer shall immediately take, at Developer’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.
(e) Inspection by City. Upon reasonable prior notice to Developer, City, its employees and agents, may from time to time (whether before or after the commencement of a nonjudicial or judicial foreclosure proceeding) enter and inspect the Property and Improvements for the purpose of determining the existence, location, nature and magnitude of any past or present release or threatened release of any Hazardous Materials into, onto, beneath or from the Property and Improvements.
(f) Hazardous Materials Indemnity. DEVELOPER HEREBY AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY, ITS DIRECTORS, OFFICERS, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS,
JUDGMENTS, COURT COSTS AND LEGAL OR OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) WHICH CITY MAY INCUR
AS A DIRECT OR INDIRECT CONSEQUENCE OF THE USE, GENERATION,
MANUFACTURE, STORAGE, DISPOSAL, THREATENED DISPOSAL, TRANSPORTATION
15 OR PRESENCE OF HAZARDOUS MATERIALS IN, ON, UNDER OR ABOUT THE PROPERTY OR IMPROVEMENTS. DEVELOPER SHALL IMMEDIATELY PAY TO CITY
UPON DEMAND ANY AMOUNTS OWING UNDER THIS INDEMNITY, TOGETHER WITH
INTEREST FROM THE DATE THE INDEBTEDNESS ARISES UNTIL PAID AT THE DEFAULT RATE OF INTEREST SPECIFIED IN SECTION 2.1 OF THE NOTE. DEVELOPER’S DUTY
AND OBLIGATIONS TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY SHALL
SURVIVE THE CANCELLATION OF THE NOTE AND THE RELEASE, RECONVEYANCE OF THE DEED OF TRUST.
ARTICLE 8. SET ASIDE LETTERS
8.1. Set Aside Letters. If, at Developer’s request, City issues any letter or letters (“Set Aside Letter”) to any governmental agency (which may include City) (“Obligee”) or bonding company (“Surety”) whereby City agrees to allocate Loan proceeds for the construction of off-site, common area, or other improvements required by any governmental agency or for which bonds may be required (“Bonded Work”) in connection with the development of the Property, Developer represents, warrants, covenants and agrees as follows:
(a) The sum which Developer requests City to allocate for the Bonded Work shall be sufficient to pay for the construction and completion cost of the Bonded Work in accordance with any agreement between Developer and Obligee or as may be required under the Project Entitlements, and a copy of such agreement shall be furnished to City by Developer prior to and as a condition precedent to the issuance by City of any Set Aside Letter; (b) City is irrevocably and unconditionally authorized to disburse to the Obligee or Surety all or any portion of said allocated Loan proceeds upon a demand of such Surety or Obligee made in accordance with the terms and conditions of the Set Aside Letter; (c) Any disbursements or payments which City makes or may be obligated to make under any Set Aside Letter, whether made directly to the Surety, Obligee, or to others for completion of all or part of the Bonded Work, shall be deemed a disbursement under this Agreement to or for the benefit or account of Developer;
(d) DEVELOPER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM ANY
CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS OR LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY COURT COSTS AND ATTORNEYS’ FEES AND EXPENSES,
WHICH CITY MAY SUFFER OR INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF ITS ISSUANCE OF OR COMPLIANCE WITH ANY REQUESTED SET ASIDE LETTER.
DEVELOPER SHALL PAY ANY INDEBTEDNESS ARISING UNDER THIS INDEMNITY TO CITY IMMEDIATELY UPON DEMAND OF CITY. DEVELOPER’S DUTY TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY HEREUNDER SHALL SURVIVE THE RELEASE AND
CANCELLATION OF THE NOTE AND THE FULL OR PARTIAL RELEASE OR RECONVEYANCE OF THE DEED OF TRUST OR OTHER LOAN DOCUMENTS; (e) City shall have no obligation to release any collateral or security under the Loan Documents unless and until City has received a full and final written release of its obligations under each Set Aside Letter; and
(f) City is not obligated to issue any Set Aside Letter and may refuse to do so in City’s sole and absolute discretion.
ARTICLE 9. COVENANTS OF DEVELOPER
9.1. Expenses. Developer shall immediately pay City upon demand all City’s reasonable out-ofpocket costs and expenses actually incurred by City in connection with: (a) the preparation of this
16 Agreement, all other Loan Documents and Other Related Documents contemplated hereby; (b) the administration of this Agreement, the other Loan Documents and Other Related Documents for the term of the Loan including but not limited to the Distribution Control Company, the City Construction Representative, etc; and (c) the enforcement or satisfaction by City of any of Developer’s obligations under this Agreement, the other Loan Documents or the Other Related Documents. For all purposes of this Agreement, City’s costs and expenses shall include, without limitation, all appraisal fees, cost Architecting and inspection fees, legal fees and expenses, accounting fees, environmental consultant fees, auditor fees, and the cost to City of any title insurance premiums, title surveys, reconveyance and notary fees. Developer recognizes and agrees that City may, at its option, require inspection of the Property and Improvements by an independent supervising Architect and/or cost Architecting specialist: (i) prior to each advance; (ii) at least once each month during the course of construction even though no disbursement is to be made for that month; (iii) upon completion of the Improvements; and (iv) at least semi-annually thereafter during the term of the Loan. To the extent that any of the foregoing are performed or incurred by employees of City or any affiliate of City, no such costs, or any associated travel, lodging, subsistence or other expenses for such goods and services shall be owed by Developer.
9.2. ERISA Compliance. Developer shall at all times comply with the provisions of ERISA with respect to any retirement or other employee benefit plan to which it is a party as employer, and as soon as possible after Developer knows, or has reason to know, that any Reportable Event (as defined in ERISA) with respect to any such plan of Developer has occurred, it shall furnish to City a written statement setting forth details as to such Reportable Event and the action, if any, which Developer proposes to take with respect thereto, together with a copy of the notice of such Reportable Event furnished to the Pension Benefit Guaranty Corporation.
9.3. Limitation on Developer Distributions. During the term of the Loan, no Developer Distributions shall be made or distributed to any partner, venturer, member or equity investor of Developer.
9.4. Further Assurances. Upon City’s request and at Developer’s sole cost and expense, Developer shall execute, acknowledge and deliver any other instruments and perform any other acts necessary, desirable or proper, as determined by City, to carry out the purposes of this Agreement and the other Loan Documents or to perfect and preserve any liens created by the Loan Documents.
9.5. No Assurances by City as Public Agency. DEVELOPER SPECIFICALLY UNDERSTANDS
AND AGREES THAT CITY, AS A MUNICIPALITY, IS NOT MAKING ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO DEVELOPMENT OR USE FOR THE PROPERTY. DEVELOPER IS AWARE THAT, NOTWITHSTANDING CURRENT ZONING FOR THE PROPERTY, ZONING AND OTHER LAWS CAN CHANGE IN THE FUTURE.
NOTWITHSTANDING THIS AGREEMENT, DEVELOPER UNDERSTANDS AND AGREES THAT (I) ANY PROPOSED PROJECT FOR THE PROPERTY WILL BE SUBJECT TO THE STANDARD
APPROVAL PROCESSES AS REQUIRED BY THE YUBA CITY MUNICIPAL CODE AND APPLICABLE LAW; AND (II) AS A GOVERNMENTAL AGENCY, CITY CANNOT BIND ITSELF WITH RESPECT TO DISCRETIONARY ACTIONS OR APPROVALS IN THIS AGREEMENT.
9.6. Assignment. Without the prior written consent of City, Developer shall not assign Developer’s interest under any of the Loan Documents, or in any monies due or to become due thereunder, and any assignment without such consent shall be void. In this regard, Developer acknowledges that City would not have executed the HCD Grant Agreement (in which it is jointly and severally liable with Developer) except in reliance on Developer’s expertise, reputation, prior experience in developing and constructing residential projects.
9.7. Management of Property. Without the prior written consent of City, Developer shall not enter into any agreement providing for the management, leasing, operation or brokerage services for the Property.
17 9.8. Governing Documents. Without the prior written consent of City, Developer shall not modify or permit to be modified the formation or organizational documents of Developer, or any partners, joint venturers or members thereof.
ARTICLE 10. REPORTING COVENANTS
10.1. Financial Information. Developer hereby consents to City’s obtaining from third parties copies of any and all reports that Developer delivers to any party under the provisions of the limited liability company agreement or operating agreement of Developer. To the extent not otherwise obtained as provided above, within thirty (30) days after City’s request, Developer shall also deliver to City such quarterly and other financial information regarding the Property or Developer as City may request from time to time. If audited financial information is prepared, Developer shall deliver to City copies of that information within fifteen (15) days after its final preparation. Except as otherwise agreed to by City, all such financial information shall be prepared in accordance with generally accepted accounting principles consistently applied. Upon written request of City, Developer use efforts to obtain and deliver to City any specific financial reports and information pertaining to the members, managers, partners and shareholders of Developer.
10.2. Books and Records. Developer shall maintain complete books of account and other records for the Property and Improvements and for disbursement and use of the proceeds of the Loan, and the same shall be available for inspection and copying by City upon reasonable prior notice.
ARTICLE 11. DEFAULTS AND REMEDIES
11.1. Default. The occurrence of any one or more of the following shall constitute an event of default (“Default” or “Event of Default”) under this Agreement and the other Loan Documents:
a. Monetary.
(i) Developer’s failure to pay within five (5) days following the date of delivery of written notice from City to Developer that such amount was not received when due, any sums payable under the Note or any of the other Loan Documents or Developer’s failure to deposit any shortfall as and when required under this Agreement; provided, however, that if such written notice from City is an Out of Balance Notice, then, in lieu of such 5 day period, Developer shall have a twenty (20) day period following the date of delivery of such Out of Balance Notice before a Default shall occur in which to deposit funds equal to the amount of the applicable deficiency into the Account, as contemplated by the provisions of Section 3.1; further, provided, however, that no such notice or cure period shall apply at maturity or upon acceleration; or
(ii) Breach of the HCD Grant Agreement which results in HCD demanding the return of the remaining Grant Funds;
b. Performance of Obligations. Developer’s failure to perform any obligation in addition to those in Section 11.1(a) above under any of the Loan Documents within ten (10) days following the date of delivery of written notice from City; provided, however, that if a longer or shorter cure period is expressly provided for the remedy of any such failure, Developer’s failure to perform will not constitute a Default until such longer or shorter date as the specified cure period expires; but provided further, however, if such Default is curable, but the nature of such failure is such that it cannot reasonably be cured within said ten (10) days (or longer or shorter specified cure period), then if Developer fails to commence a cure thereof within said time and thereafter fails to diligently pursue a cure thereof and fails to complete same within thirty (30) days after City’s written demand; or
18 c. Construction; Use. (i) There is any material deviation in the work of construction from the Plans and Specifications or governmental requirements from that required under this Agreement or the appearance or use of defective workmanship or materials in constructing the Improvements, and Developer fails to remedy the same to City’s satisfaction within ten (10) days after City’s written demand to do so, or if the nature of such deviation or defect is curable but such that it cannot reasonably be cured within said ten (10) days, then if Developer fails to commence a cure thereof within said ten (10) days and thereafter fails to diligently pursue a cure thereof and complete same within ninety (90) days after City’s written demand; or (ii) there is a cessation of construction of the Improvements prior to completion for a continuous period of more than ten (10) days; or (iii) the construction of any of the Improvements in accordance with the Loan Documents is prohibited, enjoined or delayed for a continuous period of more than twenty (20) days; or (iv) utilities or other public services are curtailed for a continuous period of more than ten (10) days; or
d. Liens, Attachment; Condemnation. (i) The recording of any claim of lien against the Property or Improvements or the service on City of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for twenty (20) days without discharge, satisfaction or provision for payment being made by Developer in a manner satisfactory to City, subject to the provisions of Section 4.8 hereof and the Deed of Trust; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Property or Improvements that is not otherwise offset by Developer’s deposit of sufficient restoration funds (including any applicable deductible amount under any applicable policy of casualty insurance) into the Account within forty-five (45) days after the occurrence of such event; or (iii) the sequestration or attachment of, or any levy or execution upon any of the Property or Improvements, any other collateral provided by Developer under any of the Loan Documents, any monies in the Account, or any substantial portion of the other assets of Developer, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five (45) days or the sale of the assets affected thereby; or
e. Gap Loan Agreement. Breach or termination of the Gap Loan Agreement; or f. Representations and Warranties. The material failure of any representation or warranty of Developer in any of the Loan Documents to be true, correct and complete as of the date made, and the continuation of such failure for more than five (5) days after written notice to Developer from City requesting that Developer cure such failure; or g. Voluntary Bankruptcy; Insolvency; Dissolution. (i) The filing of a petition by Developer for relief under the Bankruptcy Code, or under any other present or future state or federal law regarding bankruptcy, reorganization or other debtor relief law; (ii) a general assignment by Developer for the benefit of creditors; or (iii) Developer applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Developer or any of its property; or
h. Involuntary Bankruptcy. (i) The filing of any pleading or an answer by Developer in any involuntary proceeding under the Bankruptcy Code or other debtor relief law which admits the jurisdiction of the court or the petition’s material allegations regarding Developer’s insolvency; or (ii) the failure of Developer to effect a full dismissal of any involuntary petition under the Bankruptcy Code or under any other debtor relief law that is filed against Developer or in any way restrains or limits Developer or City regarding the Loan, the Property or the Improvements, prior to the earlier of the entry of any court order granting relief sought in such involuntary petition, or forty-five (45) days after the date of filing of
19 such involuntary petition; or
i. Change in Management or Control. The occurrence of any management or ownership change in Developer or in the partners, venturers or members of Developer without the prior written consent of City; or
j. Loss of Priority. The failure at any time of the Deed of Trust to be a valid first lien upon the Property or any portion thereof, other than as a result of any release or reconveyance of the Deed of Trust with respect to all or any portion of the Property and Improvements pursuant to the terms and conditions of this Agreement; or k. HUD Covenant. Any default under the HUD Covenant; or l. HUD Standard Agreement. Any default under the HUD Standard Agreement; or m. Transfer of Property. Any transfer, encumbrance, sale or lease of the Property, in whole or in part, without the prior written consent of City; or n. Hazardous Materials. The discovery of any significant Hazardous Materials in, on or about the Property or Improvements subsequent to the Effective Date (to the extent not disclosed in the Environmental Report or otherwise disclosed in writing to City prior to the date of this Agreement); provided, however, if such Default is curable, but the nature of such failure is such that it cannot reasonably be cured within thirty (30) days, then if Developer fails to commence a cure thereof within said time and thereafter fails to diligently pursue a cure thereof and fails to complete same within ninety (90) days after City’s written demand. Any such Hazardous Materials shall be “significant” for this purpose if said Hazardous Materials, in City’s sole discretion, have a materially adverse impact on the value of the Property and Improvements.
11.2. Acceleration Upon Default; Remedies. Upon the occurrence of any Default, City may, at its sole option, declare all sums owing to City under the Note, this Agreement and the other Loan Documents immediately due and payable and shall have the right to retain the balance of any undistributed Grant Funds. Upon such acceleration, City may, in addition to all other remedies permitted under this Agreement and the other Loan Documents and at law or equity, including, but not limited, foreclosure of the Deed of Trust and/or the Security Agreement, apply any sums in the Account and Account to the sums owing under the Loan Documents and any and all obligations of City to fund further disbursements under the Loan shall terminate.
11.3. Disbursements to Third Parties. Upon the occurrence of a Default occasioned by Developer’s failure to pay money to a third party as required by this Agreement, City may, but shall not be obligated to, make such payment from the Loan proceeds or other funds of City. If such payment is made from proceeds of the Loan, Developer shall immediately deposit with City, upon written demand, an amount equal to such payment. If such payment is made from funds of City, Developer shall immediately repay such funds upon written demand of City. In either case, the Default with respect to which any such payment has been made by City shall not be deemed cured until such deposit or repayment (as the case may be) has been made by Developer to City.
11.4. Cessation of Construction. If City determines at any time that the Improvements are not being constructed substantially in accordance with the requirements under this Agreement, then upon the occurrence of a Default therefor, City may, upon five (5) days prior written notice to Developer, immediately cause all construction to cease on any of the Improvements affected by the condition of nonconformance. Developer shall thereafter not allow any construction work, other than corrective work, to be performed on any of the Improvements affected by the condition of nonconformance until such time as City notifies Developer in writing that the nonconforming condition has been corrected.
11.5 City’s Completion of Construction. Upon the occurrence of a Default, City may, upon five
20 (5) days prior written notice to Developer, and with or without legal process, take possession of the Property and Improvements, remove Developer and all agents, employees and contractors of Developer from the Property and Improvements, complete the work of construction and market for sale within the Property and/or Improvements. For this purpose, Developer irrevocably appoints City as its attorney-in-fact, which agency is coupled with an interest. As attorney-in-fact, City may, in Developer’s name, take or omit to take any action City may deem appropriate with respect to third parties, including, without limitation, exercising Developer’s rights under all contracts concerning the Property and/or Improvements, but excluding the Loan Documents.
11.6. Repayment of Funds Advanced. Any funds expended by City in the exercise of its rights or remedies under this Agreement and the other Loan Documents shall be payable to City upon demand, together with interest at the default rate specified in Section 1.1 of Note from the date the funds were expended. City may pay same from the Account.
11.7. Rights Cumulative, No Waiver. All City’s rights and remedies provided in this Agreement and the other Loan Documents, together with those granted by law or at equity, are cumulative and may be exercised by City at any time. City’s exercise of any right or remedy shall not constitute a cure of any Default unless all sums then due and payable to City under the Loan Documents are repaid and Developer has cured all other Defaults. No waiver shall be implied from any failure of City to take, or any delay by City in taking, action concerning any Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Default or failure of condition.
Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.1. Indemnity. DEVELOPER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS CITY, ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES,
AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES,
DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, COURT COSTS AND LEGAL OR OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) WHICH CITY MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF: (A) THE PURPOSE TO WHICH DEVELOPER APPLIES THE LOAN PROCEEDS; (B) THE FAILURE
OF DEVELOPER TO PERFORM ANY OBLIGATIONS AS AND WHEN REQUIRED BY THIS AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS OR THE HCD GRANT AGREEMENT; (C) ANY FAILURE AT ANY TIME OF ANY OF DEVELOPER’S REPRESENTATIONS OR WARRANTIES TO BE TRUE AND CORRECT; (D) DEVELOPER’S FAILURE TO COMPLY WITH
ALL APPLICABLE LAWS (INCLUDING, BUT NOT LIMITED TO, PAYMENT OF PREVAILING WAGES); OR (E) ANY ACT OR OMISSION BY DEVELOPER, ANY CONSTITUENT PARTNER
OR MEMBER OF DEVELOPER, ANY CONTRACTOR, SUBCONTRACTOR OR MATERIAL
SUPPLIER, ARCHITECT, ARCHITECT OR OTHER PERSON OR ENTITY WITH RESPECT TO
ANY OF THE PROPERTY OR IMPROVEMENTS, EXCEPT TO THE EXTENT CAUSED OR
CONTRIBUTED TO BY THE BAD FAITH, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY. DEVELOPER SHALL IMMEDIATELY PAY TO CITY UPON DEMAND ANY AMOUNTS
OWING UNDER THIS INDEMNITY, TOGETHER WITH INTEREST FROM THE DATE THE
INDEBTEDNESS ARISES UNTIL PAID AT THE DEFAULT RATE OF INTEREST SPECIFIED IN SECTION 1.1 OF THE NOTE. DEVELOPER’S DUTY AND OBLIGATIONS TO DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY SHALL SURVIVE CANCELLATION OF THE NOTE AND THE RELEASE, RECONVEYANCE OF THE DEED OF TRUST.
12.2. Form of Documents. The form and substance of all documents, instruments, and forms of evidence to be delivered to City under the terms of this Agreement and any of the other Loan Documents shall be subject to City’s approval and shall not be modified, superseded or terminated in any respect without City’s prior written approval, except to the extent otherwise provided in this
21 Agreement.
12.3. No Third Parties Benefited. No person other than City and Developer and their permitted successors and assigns shall have any right of action under any of the Loan Documents.
12.4. Notices. All notices, demands, or other communications under this Agreement and the other Loan Documents shall be in writing and shall be delivered to the appropriate party at the address set forth on the signature page of this Agreement and as may be specified in Exhibit D (subject to change from time to time by written notice to all other parties to this Agreement). All communications shall be deemed served upon (i) actual personally delivery; (ii) one day after deposited with a national carrier such as Parcel Post or Federal Express; or (iii) if mailed, then two (2) days after deposit in the United States Postal Service mail, certified postage prepaid-return receipt requested and addressed to the address of Developer or City at the address specified. However, the nonreceipt of any communication as the result of any change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication.
12.5. Attorney-in-Fact. Developer hereby irrevocably appoints and authorizes City, as Developer’s attorney-in-fact, which agency is coupled with an interest, to execute and/or record in City’s or Developer’s name any notices, instruments or documents that City deems appropriate to protect City’s interest under any of the Loan Documents.
12.6. Actions. Developer agrees that City, in exercising the rights, duties or liabilities of City or Developer under the Loan Documents, may commence, appear in or defend any action or proceeding purporting to affect the Property, the Improvements, or the Loan Documents and Developer shall immediately reimburse City upon demand for all such expenses so incurred or paid by City, including, without limitation, attorney’s fees and expenses and court costs.
12.7. Right of Contest. Developer may contest in good faith any claim, demand, levy or assessment (other than liens and stop notices, subject to the provisions of Section 4.8 of this Agreement) by any person other than City which would constitute a Default if: (a) Developer pursues the contest diligently, in a manner which City determines is not prejudicial to City, and does not impair the rights of City under any of the Loan Documents; and (b) Developer deposits with City any funds or other forms of assurance which City in good faith determines from time to time appropriate to protect City from the consequences of the contest being unsuccessful. Developer’s compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.
12.8. Delay Outside City’s Control. City shall not be liable in any way to Developer or any third party for City’s failure to perform or delay in performing under the Loan Documents if such failure to perform or delay in performing results directly or indirectly from, or is based upon, the action, inaction, or purported action, of any governmental or local authority, or because of war, rebellion, insurrection, strike, lock-out, boycott or blockade (whether presently in effect, announced or in the sole judgment of City deemed probable), or from any Act of God or other cause or event beyond City’s control.
12.9. Attorney’s Fees and Expenses; Enforcement. If any attorney is engaged by City to enforce or defend any provision of this Agreement, any of the other Loan Documents or Other Related Documents, or as a consequence of any Default under the Loan Documents, with or without the filing of any legal action or proceeding, and including, without limitation, any fees and expenses incurred in any bankruptcy proceeding of the Developer, then Developer shall immediately pay to City, upon demand, the amount of all attorney’s fees and expenses and all costs incurred by City in connection therewith, together with interest thereon from the date of such demand until paid at the default rate of interest applicable to the principal balance of the Note as specified therein.
12.10. Immediately Available Funds. Unless otherwise expressly provided for in this Agreement, all amounts payable by Developer to City shall be payable only in United States currency, immediately available funds.
12.11. City’s Consent. Wherever in this Agreement there is a requirement for City’s consent and/or
22 a document to be provided or an action taken “to the satisfaction of City”, it is understood by such phrase that City shall exercise its consent, right or judgment in a reasonable manner given the specific facts and circumstance applicable at the time.
12.12. City’s Agents. City may designate an agent or independent contractor to exercise any of City’s rights under this Agreement and any of the other Loan Documents. Any reference to City in any of the Loan Documents shall include City’s agents, employees or independent contractors.
Developer shall pay the costs of such agent or independent contractor either directly to such person or to City in reimbursement of such costs, as applicable. City appoints its City Administrator may execute approvals or extensions under any Loan Documents on behalf of City.
12.13. Tax Service. City is authorized to secure, at Developer’s expense, a tax service contract with a third-party vendor which shall provide tax information on the Property and Improvements satisfactory to City.
12.14. WAIVER OF RIGHT TO TRIAL BY JURY. EACH PARTY TO THIS AGREEMENT HEREBY
EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (a) ARISING UNDER THE LOAN DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ANY PRESENT OR FUTURE MODIFICATION THEREOF OR (b) IN ANY WAY
CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES
HERETO OR ANY OF THEM WITH RESPECT TO THE LOAN DOCUMENTS (AS NOW OR
HEREAFTER MODIFIED) OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT
EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS
RELATED HERETO OR THERETO, IN EACH CASE WHETHER SUCH CLAIM, DEMAND,
ACTION OR CAUSE OF ACTION IS NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY
HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE
OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY
PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS
SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES
HERETO TO THE WAIVER OF ANY RIGHT THEY MIGHT OTHERWISE HAVE TO TRIAL BY JURY.
12.15. Severability. If any provision or obligation under this Agreement and the other Loan Documents shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed severed from the Loan Documents and the validity, legality and enforceability of the remaining provisions or obligations shall remain in full force as though the invalid, illegal, or unenforceable provision had never been a part of the Loan Documents, provided, however, that if the rate of interest or any other amount payable under the Note or this Agreement or any other Loan Document, or the right of collectability therefor, are declared to be or become invalid, illegal or unenforceable, City’s obligations to make advances under the Loan Documents shall not be enforceable by Developer.
12.16. Heirs, Successors and Assigns. Except as otherwise expressly provided under the terms and conditions of this Agreement, the terms of the Loan Documents shall bind and inure to the benefit of the heirs, successors and assigns of the parties.
12.17. Time. Time is of the essence of each and every term of this Agreement.
12.18. Headings. All article, section or other headings appearing in this Agreement and any of the other Loan Documents are for convenience of reference only and shall be disregarded in construing this Agreement and any of the other Loan Documents.
12.19. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California except to the extent preempted by federal laws.
Developer and all persons and entities in any manner obligated to City under the Loan Documents
23 consent to the jurisdiction of any federal or state court within the State of California having proper venue and also consent to service of process by any means authorized by California or federal law.
12.20. Integration; Interpretation. The Loan Documents contain or expressly incorporate by reference the entire agreement of the parties with respect to the matters contemplated therein and supersede all prior negotiations or agreements, written or oral. This Agreement and the Loan Documents shall be construed according to its fair meaning as if prepared by both parties to this Agreement. The Loan Documents shall not be modified, amended or supplemented except by written instrument executed by both parties. Any reference in any of the Loan Documents to the Property or Improvements shall include all or any part of the Property or Improvements. Any reference to the Loan Documents includes any amendments, renewals or extensions now or hereafter approved by City in writing.
12.21. Joint and Several Liability. The liability of all persons and entities obligated in any manner under this Agreement and any of the Loan Documents as Developer shall be joint and several.
12.22 Relationship of Parties. The relationship of Borrower and City under the Loan Documents is solely that of borrower and lender, and the loan evidenced by the Note and secured by the Deed of Trust will in no manner make Lender the partner or joint venturer of Borrower.
12.23. Electronic Execution. This Agreement, any of the other Loan Documents (except the Deed of Trust, and any other documents which require wet signatures), may be executed electronically in compliance with UETA and ESIGN using a qualified third party provider such as AdobeSign or DocuSign.
IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date appearing on the first page of this Agreement.
DEVELOPER: CITY:
HABITAT FOR HUMANITY YUBA/SUTTER,
INC., a California nonprofit public benefit
corporation
By: ______________________
Joseph Lee Hale
Chief Executive Director
By: ______________________
John Nicoletti,
Secretary
Address for Notice:
202 D St
Marysville, CA 95901
Attn: Joseph Hale
CITY OF YUBA CITY,
a municipal corporation
By: ________________________
Dave Shaw, Mayor
ATTEST:
By: ___________________
Ciara Wakefield
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ____________________
Shannon Chaffin, City Attorney
Address for Notice:
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
Attn: City Manager
With Copy to City Attorney
1 EXHIBIT A-1
DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
Being a portion of Lot 13, as shown on that certain Map entitled, "Plat of the Mary Gray Tract", filed in the office of the County Recorder of Sutter County, California, on January 4, 1915, in Book 3 of Surveys, Page 11, more particularly described as follows:
Beginning at a point on the Westerly line of said Lot 13, said point being North 1° 15' West and distant on said course 363.00 feet from the Southwest corner of said Lot 13, said point of beginning being the Northwest corner of that certain Lot or Parcel of land conveyed by William J.
Gray and Golda A. Gray, his wife, to W.L. Dolan by Deed dated January 18, 1946, and recorded in Book 254 of Official Records, Page 3; thence North 1° 15' West along said Westerly line of Lot 13, a distance of 693.00 feet to the Northwest corner of Lot 13; thence North 89° 05' East along the Northerly line of said Lot 13, a distance of 495.00 feet to the Northeast corner of said Lot 13; thence South 1° 15' East along the Easterly line of said Lot 13, a distance of 1056.00 feet to the Southeast corner of said Lot 13; thence South 89° 05' West along the Southerly line of said Lot 13, a distance of 145.00 feet to the Southeast corner of said Lot or Parcel of land conveyed to W.L.
Dolan; thence North 1° 15' West along the Easterly line of said Lot or Parcel of land conveyed to W.L. Dolan, a distance of 363.00 feet to the Northeast corner of said Lot or Parcel of land conveyed to W.L. Dolan; and thence South 89° 05' West along the Northerly line of said Lot or Parcel of land conveyed to W.L. Dolan, a distance of 350.00 feet to the point of beginning.
EXCEPTING THEREFROM that portion of the above described property described in that certain Deed dated January 20, 1955, in which A.J. Trigueiro and Mary G. Trigueiro, his wife, are grantors, and Ed B. Reamy and Reva L. Reamy, his wife, are grantees, recorded February 15, 1955, in Book 434 of Official Records, Page 264, Sutter County Records.
1 EXHIBIT A-2
ENTITLEMENTS
Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit incomebased (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120-001).
The Improvements consist of Phase I consisting of 79 units.
1 EXHIBIT A-3
IMPROVEMENTS
The Improvements consist of Phase I of the Development Plan (described on Exhibit A-2) consisting of 79 units to be constructed in accordance with the Plans and Specifications described on Exhibit A-4 and the applicable governmental permits.
1 EXHIBIT A-4
PLANS & SPECIFICATIONS
2
3
4
5
6
1 EXHIBIT B
DOCUMENTS
A. Loan Documents. The documents listed below and amendments, modifications and supplements thereto which have received the prior written consent of City, together with any documents executed in the future that are approved by City and that recite that they are “Loan Documents” for purposes of this Agreement are collectively referred to herein as the Loan Documents.
The Original Loan Agreement
Supplemental Loan Agreement
Promissory Note Secured by Deed of Trust
Construction Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing Security Agreement and UCC-1
Special Agreement with Bank, Borrower and City
Assignment of Architect’s Agreement & Plans and Specifications Assignment of Contractor Agreement
Subordination Agreement subordinating the Hilbers Deed of Trust.
Subordination Agreement subordinating the Gap Loan.
B. Other Related Documents (Which Are Not Loan Documents):
Developer’s formation documents
Architect’s Agreement
Contractor Agreement
Plans and Specifications
Distribution Control Agreement
City Construction Representative Agreement
Title Policy
1 EXHIBIT C
CONSTRUCTION BUDGET
The Construction Budget set forth herein represents an analysis of the total costs necessary in Developer’s estimation to perform Developer’s obligations to construct the Improvements and perform all its obligations under the Loan Documents.
TO BE ATTACHED PRIOR TO EXECUTION
1 EXHIBIT D
DISBURSEMENT PROCESS
A. Timing of Disbursement. Unless another provision of this Agreement specifies otherwise, on or before the fifteenth (15th) day of each month, Developer shall submit to the Distribution ContolAgent together with a copy to City a written itemized statement, executed by Developer in a form as required by City (“Draw Request”) setting forth:
1. A description of the work performed, material supplied and/or costs incurred or due for which disbursement is requested with respect to any line item (“Item”) shown in the Construction Budget. Notwithstanding the amount of any line item shown in the Construction Budget, Developer, with City’s approval, may reallocate amounts among the line items by allocating cost savings in any line item to Contingency, and amounts from the Contingency to any line item with a cost overrun with the prior written approval of City; and
2. The total amount incurred, expended and/or due for each requested Item less prior disbursements.
Each Draw Request by Developer shall constitute a representation and warranty by Developer that Developer is in compliance with all the conditions precedent to a disbursement specified in this Agreement. With respect to Developer’s remaking of the representations and warranties set forth in Article 6 of this Agreement on the date of submission of each Draw Request, to the extent circumstances have changed for reasons beyond the reasonable control of Developer such that Developer must qualify such representations and warranties as of the date of delivery of any such Draw Request, such qualification, to the extent it renders the applicable representation materially untrue or breaches the applicable warranty, shall merely be a failure of condition to City’s obligation to disburse funds under the provisions of this Exhibit D, as opposed to constituting an Event of Default.
B. City’s Right to Condition Disbursements. City shall have the right to condition any disbursement upon City’s receipt in the appropriate form of the following submissions and City’s reasonable determination that such submissions comply with all the following requirements:
1. The Draw Request and an itemized requisition for payment.
2. Bills, invoices, documents of title, vouchers, statements, receipts and any other documents evidencing the total amount expended, incurred or due for any requested Items.
3. Compliance with all requirements of the Distribution ContolAgent including a lien release, joint check or voucher system acceptable to City for payments or disbursements to any contractor, subcontractor, materialman, supplier or lien claimant.
4. An appropriate endorsement(s) to the Title Policy evidencing that the amount of the coverage has increased to the current loan balance and that there are no liens of record.
5. Architect’s, inspector’s and/or Architect’s periodic certifications of work that has been completed and its conformance to the Plans and Specifications and governmental requirements based upon any such Architect’s, inspector’s and/or Architect’s periodic physical inspections of the Property and Improvements.
6. Waivers and releases of any mechanics’ lien, stop notice claim, equitable lien claim or other lien claim rights as specified under California law which shall be (i) conditional lien releases unless payment is made directly by the Construction Disbursement Agent for costs to be paid from the current Draw Request, and (ii) unconditional lien releases for all prior amounts which have been previously been disbursed by City for which conditional lien releases had been secured.
7. A written release executed by any surety to whom City has issued or will issue a set-aside
2 letter and/or any public entity or agency which is a beneficiary under any instrument of credit, set-aside letter or standby letter of credit which City has issued or will issue with respect to the Loan.
8. For final payment only with respect all or any separate, independent portion of the Improvements, valid, recorded Notice(s) of Completion for the Improvements or any portions of the Improvements for which Notice(s) of Completion may be recorded under applicable law, and final payment lien release waivers (conditional with respect to costs to be paid from such final payment, and unconditional for all other costs).
9. Certificate of Substantial Completion from the Architect prior to distribution of the Retention and a certificate of occupancy issued by City.
10. Any other document, requirement, evidence or information that City may have reasonably requested under any provision of the Loan Documents at least five (5) days prior to the applicable Draw Request.
11. Except with respect to items covered below, evidence that any goods, materials, supplies, fixtures or other work in process for which disbursement is requested have been incorporated into the Improvements.
12. In the event any Draw Request includes the cost of materials stored at a location other than the Property (“Offsite Materials”), each of the following: (a) evidence that the Offsite Materials have been purchased by Developer, have been segregated from other materials in the facility and have been appropriately marked to indicate Developer’s ownership thereof and City’s security interest therein; and (b) evidence that the Offsite Materials are insured as required by this Agreement.
13. In the event that any Draw Request includes the cost of materials stored on the Property (“Onsite Materials”), each of the following:
(a) evidence that the Onsite Materials have been purchased for or by Developer; (b) evidence that the Onsite Materials are insured as required hereunder; and (c) evidence that the Onsite Materials are stored in an area on the Property for which adequate security is provided against theft and vandalism.
Developer acknowledges that this approval process may result in disbursement delays and Developer hereby consents to all such delays; provided, however, that City shall use commercially reasonable efforts to disburse funds for all approved Items in any Draw Request within the applicable City Payment Processing Period.
C. Disbursement of Retention. Any Retention shall be distributed to Developer upon Developer’s delivery to City of (1) the applicable unconditional lien releases specified above; (2) the applicable certificate(s) specified above; (3) certificate of completion of the Improvements in accordance with the Plans and Specifications issued by the Architect; and (4) a certificate of occupancy issued by the City as a governmental agency.
D. No Partial Disbursements. No disbursement shall be made for a particular Draw Request unless all required supporting materials are included for the Items.
Agenda Item 21
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Presentation of Budget Recap – First Quarter Ended September 30, 2025 Recommendation: Note & File First Quarter Budget Review for the period ending September 30, 2025
Fiscal Impact: Informational Item Only
Purpose:
To provide a first quarter review of Yuba City's Budget for FY 2025-2026.
Council's Strategic Goal:
This staff report addresses the City Council’s Strategic Goal of fiscal responsibility.
Background:
In accordance with the City’s Adopted Budget Policies, staff prepared a presentation for City Council review for the first quarter of FY 2025-2026 (July, August, September 2025).
Analysis:
This presentation offers a brief overview of first-quarter financial performance, with the mid-year review anticipated in February 2026.
Fiscal Impact:
Informational Item only.
Alternatives:
Informational Item only.
Recommendation:
Note & File First Quarter Budget Review for the period ending September 30, 2025.
Attachments:
None
Prepared By: Submitted By:
Kaylayshia Byrd
Administrative Analyst II
Robert Bendorf
Interim City Manager
Agenda Item 22
CITY OF YUBA CITY
STAFF REPORT
Date: November 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: 2026 City Council Meeting Calendar
Recommendation: Cancel the January 6, 2026 Regular City Council Meeting, approve the 2026 City Council Meeting Calendar, and provide for Special Workshops to be scheduled as needed
Fiscal Impact: None
Purpose:
To establish the City Council Meeting Calendar for 2026.
Background:
The Yuba City Municipal Code Section 2-1.01 sets the Regular Meetings of the City Council to occur on the first and third Tuesday of each month at 6:00 p.m. (5:00 p.m. for any Closed Session items) in the Council Chambers. Special Meetings or Workshops may be called at any time by the Mayor or by a majority of the members of the Council.
In order to allow the City Council to determine their schedules in advance and to allow staff to prepare for meetings and workshops more efficiently, it is proposed that Council approve a Regular Council Meeting Calendar for 2026. The proposed calendar is attached for your reference.
Analysis:
There are no scheduling conflicts with holidays and City Council Meetings in 2026. However, staff recommends that the following meeting be canceled:
January 6, 2026
City Hall offices are typically closed the last week in December for approved Holiday Closure, the time during which the agenda preparation usually occurs. For this reason, the first meeting in January has been canceled.
Special meetings and workshops will be scheduled as needed. At this point, the following Workshops are proposed for the 2026 meeting schedule:
February 3, 2026 - Regular Meeting
To include Mid-Year Budget Review & Fiscal Year 2026-2027 Outlook May 26, 2026 – Budget Study Workshop
Discuss Fiscal Year 2026-2027 Budget Planning and Projections Other Considerations:
April 20-24, 2026 - Cap to Cap
The annual Cap-to-Cap conference is April 20-24, 2026. With this in mind, the Council should consider whether a quorum will be available for the meeting on April 21, 2026 and advise staff whether this meeting should remain on the schedule.
Alternatives:
Regular meetings are set by the Municipal Code, however if needed, meetings can be canceled by the Council with sufficient notice, and special meetings can be scheduled as needed.
Fiscal Impact:
No fiscal impact
Recommendation:
Cancel the January 6, 2026 Regular City Council Meeting, approve the 2026 City Council Meeting Calendar, and provide for Special Workshops to be scheduled as needed.
Attachments:
1. 2026 Calendar at a Glance (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk
Robert Bendorf
Interim City Manager
ATTACHMENT 1
Council Meeting
Regular Meeting to Include Mid-Year Budget Review
and FY 26-27 Outlook
Special Budget Study Workshop
Holiday/City Hall Closure
2026 AT A GLANCE
City Council Meeting Calendar
JANUARY
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
FEBRUARY
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
MARCH
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
APRIL
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
MAY
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 JUNE
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
JULY
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
AUGUST
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
SEPTEMBER
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
OCTOBER
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
NOVEMBER
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
DECEMBER
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Boomgaarden
- Mayor Shaw
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Boomgaarden
- Mayor Shaw
Adjournment