FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 2, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 SOUTH 5TH STREET FOWLER, CA 93625  In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to vaque@clowercaus: Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the Consistent with Government Code 54953 as amended by AB 361, and City Council Resolution No. 2522, this meeting may be assessed by members of the public or City Council members via The telephone number listed below will provide access to the meeting via teleconference. Please note: when joining the teleconference you will be asked for your name which will  enable the City to make reasonable arrangements to ensure accessibility.  record of proceedings but will not be read aloud.  remote teleconference.  be used to identify you during any public comment period.  Telephone Number: 978-990-5175  Meeting ID:  494026#  Persons accessing the meeting via teleconference will have an opportunity to provide comments at appropriate times during the meeting. To eliminate background noise or other interference from telephonic participation, it is requested that any person accessing the meeting via teleconference have their phone set on "mute" while on the Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and  teleconference except when offering comment during the meeting.  documents may be posted on the City's website at www.fowlercity.org.  Page 1 of4    Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived  by unanimous consent oft the Council.  1. 2. 3. 4. 5.  Meeting Called to Order Roll Call  Invocation by Pastor Erik Buhl of Fowler Presbyterian Church  Pledge of Allegiance Public Comment  This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per  person and no more than 15 minutes per topic.  6.  Consent Calendar  Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. Ifa Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Counciimembers present at introduction shall be eligible for placement on the Consent  Calendar.  6-A. RATIFY Warrants for November 2, 2021  6-B. APPROVE Minutes of the October 19, 2021 City Council Meeting  6-C. Consider APPROVAL of Resolution No. 2525, AF Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 as amended by 6-D. APPROVE Amendment No. 11 to the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects with Peters Engineering Group and authorize the City Manager to execute the agreement on behalf of the City. 6-E. APPROVE an agreement with Fireworks America in an amount not to exceed  AB 361 (City Attorney)  (Public Works)  $18,000 for Fiscal Year 2021-2022 (Recreation)  Page 2of4    6-F. ACCEPT donation for a live reindeer petting ZOO experience at the Christmas  Tree Lighting event from Juan and Stephanie Mejia (Recreation)  7.  General Administration 7-A. Planning  ADOPT Resolution No. 2526 approving Final Map and Subdivision Agreement for Tract 5952, authorize the City Manager to execute the agreement on behalf of the City, and direct the City Engineer to transmit Public Hearing to CONSIDER Introduction of a Zoning Ordinance Amendment No. 21-02 amending Sections 9-5.202 and 9-5.21.05 of the Fowler Zoning Ordinance to clarify accessory building development iii. Public Hearing to CONSIDER Introduction of Text Amendment No. 21-03 toAdd Chapter 5 of Title 7 of the Fowler Municipal Code to establish  the map and agreement to Fresno County for recording.  standards.  procedures for naming public facilities.  7-B. Public Works  I. Public Hearing to CONSIDER Introduction of a City Council Ordinance No. 2021-05 adding Article 5 to the existing Chapter 2, Title 6, of the Fowler Municipal Code for Organic Waste Collection and Disposal. ii. Consider Awarding the contract for Water Meter Procurement to Ferguson Waterworks and authorize staff to enter into an agreement with iii. Actions pertaining to Water Meter Installation Component of the City-  Ferguson Waterworks ini the amount of $442,819.91. Wide Water Meter Replacement Project.  1. Consider APPROVAL of Budget Amendment Resolution No. 2524 to appropriate $165,548.00 in ARPA Funds for the water meter installation component of the City-Wide Water Meter Replacement 2. Consider Awarding the contract for the water meter installation component of the City-Wide Water Meter Replacement Project to R.L. Friend Construction, Inc. and authorize the City Manager or her designee to enter into an agreement with R. L. Friend  Project for FY: 2021-22.  Construction, Inc. in the amount of $165,548.00.  7-C. City Manager's Office  i. COVID-19 Update  Page 3 of4    8. 9.  Staff Communications (City Manager) Councimember Reports and Comments  10. Closed Session  10-A. Government Code Section 54956.9(d)(1)  Conference with Legal Counsel - Existing Litigation  City of Fowler V. Jill Johnson, et al.; Fresno County Superior Court Case No. CECG 21CECG00546 - (Property Receivership Case for 429 E. La Crosse  Avenue)  11. Adjourn  Next Ordinance No. 2021-08 Next Resolution No. 2527  CERTIFICATION: L,Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, October 29, 2021.  Angela Vasquez Deputy City Clerk  OupANasays  Page 4 of4    ITEM  6A  $    88828888 NO0O E  $0  0  a153  888 d8 88 d8 8888 888 d8 d8 8888 d8 888 d8 08 d8 888 d8 8 000 o o o o 0000 000 o o 0000 o 000 o o o 000 o o  a N  88  S & 9  - 28 - 90  a 8 E 0e 0 o    888 Nor 998 e NNI  MANK  888888888 8 888888888888888 888 888 8 88888 d8  888 000000000 o 00000000000 000 000 o 00000 0o 00  66  2 NN 8 88 00 I 89  9  2999    6g  58888888  5  00 00 8888 d8 88 d8 8 8 888 8 88888 888888 888 8 88888888 o 0000 o o o o o 000 o 00000 000000 000 o 00000000  NNS N &8 a 999  N 28 NE  NNNN NNNNS No - 888R 900 999 10 99 19s 000  INNNNS    o4 00 g8 0S  08000008  88 888 88888 8 888888888888 d8 d8 88888888888 o 000 00000 o 0000000000000000CoG06 o o 00000000000    00 00    ITEM  6B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  Tuesday October 19,2021  Mayor Cardenas called the meeting to order at 7:01 p. m. Councilmembers Present: Cardenas, Kazarian, Mejia, Parra  Councilmembers Absent: Rodriquez  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Assistant Fire ChiefHernandez, Fire ChiefLopez, City Planner Marple, Finance Director Moreno, City Engineer  Peters, Deputy City Clerk Vasquez  5.  CEREMONIAL PRESENTATION  Planning Commissioner Service Recognition ofGary. Mukai, Henry Fernandez, and. Juan  Mejia.  6.  PUBLIC COMMENT There was no public comment. CONSENT CALENDAR  7.  Councilmember Parra made a motion to approve consent calendar items 7-B and 7- C,seconded by Mayor Cardenas. The motion carried by roll call vote: Ayes: Parra, Councilmember Mejia pulled item 7-A. for discussion and inquired if the street light bill from Pacific Gas & Electrici is. separated. Public Works Director Dominguez stated the bill Councilmember Kazarian made a motion to approve consent calendar item 7-A, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes:  Cardenas, Kazarian, Mejia.  isc categorized by LS land LS2 rates.  Kazarian, Parra, Cardenas, Mejia. GENERAL ADMINISTRATION 8-A. FINANCE  8.  WORKSHOP on Fiscal Years 2019-20 and 2020-21 year-end close. Josh Giosa of Price Paige and Company (Price Paige) provided an overview ofFiscal Years 2019-20 and. 2020-21, year-end close budgets. Mr.    Giosa reported audit preparation was completed in mid-summer and the audit is still ongoing. He reported some of the highlights included the preparation of bank reconciliation, identified and reclassified close to $1,000,000 in cash, and revamped the multi-year audit schedules. Mr. Giosa stated Price Paige is currently in the process of closing. fiscal year 2019-20andfiscaly year 2020-21 books and aims to complete the 2020audit preparation by the end of this fiscal year and complete the 2021 audit preparation by March 31, 2022. He stated. Price Paige 's goal is to provide clear and concise information to the City to make informed decisions. Mr. Giosa announced Price Paige recommends Bryant LJolley CPA as the new Councilmember Kazarian shared his concerns of the lack of timely bank reconciliations and stated although an item is reconciled, there could still be fraud. Councilmember Parra noted it was. former staff. from two years ii. Actions pertaining to Fiscal Year (#Y)2019-2020,2021-2021,and2021- 2022 year-end close of the City of Fowler's financial records. Finance Director Moreno requested Council's approval for auditing services agreement with Bryant L. Jolley, Certified Public Accountants for auditing services for Fiscal Year (FY) 2019-20, FY2020-21, and an option 10 add FY 2021-22 year-end close of the City's financial records and adoption of proposed Budget Amendment Resolution No. 2517. Mr. Jolley stated their firm has worked with many cities throughout Fresno County. Councilmember Kazarian noted the importance of transparency and 1. - APPROVE the Professional Auditing Services agreement with Bryant L.Jolley, Certified Public Accountants to provide auditing services for the City of Fowler's Finance Department for FY 2021-2022 in an Councilmember Parra made a motion to APPROVE the Professional Auditing Services agreement with Bryant L. Jolley, Certified Public Accountants to provide auditing services for the City of Fowler's Finance Department for FY 2021-2022 in an amount not to exceed $114,000, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Parra, Kazarian, Cardenas, Mejia. 2. APPROVE Budget Amendment Resolution No. 2517 to appropriate $114,000 for FY 2019-20, FY 2020-21, and with an option to FY2021- 22 year-end close of the City of Fowler's financial records.  external auditor.  ago that made the financial errors.  accountability.  amount not to exceed $114,000.    Councilmember Kazarian made a motion to APPROVE Budget Amendment Resolution No. 2517 to appropriate $114,000 for FY2019- 20, FY2020-21, and with an option to FY: 2021-22 year-end close ofthe City of Fowler's financial records, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Cardenas, iii. Fiscal Year 2021-22 1st Quarter Financial Report (Informational)  Kazarian.  Finance Director Moreno provided an overview ofa !9 quarter. financial report which summarizes the City's revenue and expenditure activity from July 1, 2021 through September 20, 2021 by. fund type. She reported she meets with Directors monthly to review their respective department's  expenses.  8-B. PUBLIC WORKS  Review alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Route 99 City Engineer Peters reported Caltrans is performing work on State Route 99 through Fowler and Selma which includes installation of a center median concrete barrier. He shared examples of various options with the Council. Community Development Director Gaffery provided exhibits showing the extensive use of red brick throughout the City on various buildings and crosswalks. City Engineer Peters stated to imitate the brick theme, the idea is to have red brick treatment, possibly at the interchanges, or bracket the word Fowler with the red brick. Councilmember Mejia recommended stamping or sandblasting the designs rather than painting the designs due to Caltrans lack of maintaining median barriers in other areas. City Engineer Peters stated he would request adding dye to the concrete instead of painting the barriers. After much discussion, it was the consensus of Council to move forward with the dyed brick design with the word Fowler. City Engineer Peters reported he will contact Caltrans ii. Consider Resolution No. 2523 ADOPTING a Street Cutting Policy. City Engineer Peters requested Council' 's adoption of Resolution No. 2523. He reported the Street Cutting Policy will be shared with developers, utility companies and City crews and is intended to preserve the life and. structure of the pavement. City Engineer Peters reported the Street Cutting Policy places a 3-year moratorium for pavement cuts on streets that received a seal coat, places a 5-year moratorium on any newly constructedstreets or  improvement project.  tomorrow with the request.    reconstructed streets, it sets forth repair requirements, proposed waivers, Councilmember Kazarian made a motion to ADOPT Resolution No. 2523 a Street Cutting Policy, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Cardenas,  and is compliant with the Americans with Disability Act.  Mejia.  8-C. CITY MANAGERSOFFICE  COVID-19 Update  City Manager Quan stated she did not have a COVID-19 update. She thanked Finance Director Moreno for doing a phenomenal job in the finance department. City Manager Quan also thanked Council for their efforts in assisting with the Employee Appreciation Dinner and reported there are over 90 RSVPS, over $700 in monetary donations, and 50 rafle  prizes received.  9.  STAFF COMMUNICATIONS- (CITY MANAGER)  9-A. PLANNING DEPARTMENT  City Planner Marple reported the Small Community Drought Program grant application, approved by Council last month, was submitted. She reported application review will be between 60 90 days and staff feel confident the application was submitted in a timely  manner.  9-B. PUBLIC WORKS DEPARTMENT  Public Works Director Dominguez reported the Fowler Band Review is this weekend and next Wednesday, October 27, 2021 is the Trunk or Treat event and last Farmer' 's Market of  the season.  9-C. POLICE DEPARTMENT  Police ChiefAlcaraz distributed DOJcrime statistics for the month of September 2021 and reported staff is continuing to build a relationship with Fowler Unified School District Superintendent and: staff He amouncedCoffee with Cops is Wednesday, November. 3, 2021  at. 5:30 p.m. at Donny Wright Park. 9-D. FIRE DEPARTMENT  Fire ChiefLopez shared September call logs and year to date incidents.    10. CITYATTORNEY REPORT  10-A. Consider. APPROVAL of] Resolution No. 2522, A Resolution ofthe City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in City Attorney Cross reported based on Council's direction during the October 5, 2021, City Council meeting, Resolution No. 2522 is presented for consideration to make the findings needed to allow Council members to attend Council meetings via teleconferencing pursuant to AB 361 without following typical Brown Act requirements for releconference participation by Council members at Council meetings. Mr. Cross stated the Resolution also authorizes the City's other commissions who meet remotely to continue doing so for as long as the Council authorizes. He noted ift the Resolution is approved, it will need to be revisited every 30 days for renewal and if there are teleconfèrence access difficulties during a Council meeting, the meeting will need to be. stopped until access is restored. Councilmember Kazarian made a motion to APPROVE Resolution No. 2522,A Resolution of the City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 (AB 361), seconded by Councilmember Mejia. The motion carried by roll  Accordance with Government Code Section 54953 (AB 361)  call vote: Ayes: Kazarian, Mejia, Cardenas, Parra.  11. COUNCILMEMBER REPORTS AND COMMENTS  Councilmember Parra announced. he and Mayor Cardenas attended the Fresno Fair horse races representing the City. He also requested an EDA update. City Manager Quanslatedsiafwill have Councilmember Mejia inquired if there was an update on the water meter installation. Public Works Director Dominguez reported two companies have been selected, one. for installation and the other. for purchasing the meters, and an update will be provided al the November 2, 2021 Council meeting. Councilmember Mejiathanked the Public Works Department for their hardwork  an update at the November 2, 2021 Council meeting.  and dedication. 12. ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion to adjourn the meeting, seconded by Councilmember Parra. The meeting adjourned at 8:32 p.m.    ITEM  6C  FOWLER CITY COUNCIL  908  ITEM NO: 6-C  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  Scott Cross, City Attorney  Consider Approval of Resolution No. 2525, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953  as amended by AB361 RECOMMENDATION  Approve Resolution No. 2525 if the City Council finds that Based on City Council direction during the October 5, 2021, City Council meeting, Resolution No. 2522 is presented for consideration to make the findings needed to allow City Council members to attend City Council meetings via teleconferencing pursuant to AB 361 without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City's other  commissions to continue meeting remotely for as long as the City Council authorizes.  BACKGROUND  The City Council approved Resolution No. 2522 on October 19, 2021, which authorized using remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361 during the COVID-19 declared emergency. To continue with the "relaxed" remote teleconferencing for City Council and other commission meetings Government Code Section 54953 requires the City Council to make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local The manner in which Fowler City Council meetings are currently conducted provides the public and Council members with the ability to attend in person or via teleconference and complies with all applicable legal requirements. Approving this resolution would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) and would also allow City Council members to continue to attend meetings via teleconference, if  officials continue to impose or recommend measures to promote social distancing.    desired, without complying with the typical Brown Act requirements for teleconferencing attendance at The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person. Also, some state and local officials continue to recommend measures to promote social distancing. As a result, the necessary AB 361 findings can be made, if desired, to continue with remote teleconferencing for City Council and other commission meetings. These findings must be made every  City Council meetings.  30 days to continue with the relaxed Brown Act teleconference requirements.  FISCAL IMPACT  No fiscal impact is anticipated whether this Resolution is approved or not.  Attachments:  Resolution No. 2525    RESOLUTION NO. 2525  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER AUTHORIZING CONTINUED USE OF REMOTE' TELECONFERENCING FOR CITY COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED STATE OF EMERGENCY IN ACCORDANCE WITHCOVERMMENT CODE WHEREAS, on March 4, 2020, the Governor of California declared a state of emergency WHEREAS, pursuant to Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of  SECTION 54953 (AB 361)  in the State as a result of the COVID-19 pandemic; and  COVID-19 in the City, surrounding areas, and the state; and  WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and placed an end date of September 30, 2021, for agencies to meet remotely; and  WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which WHEREAS, AB 361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in  Government Code Section 54953; and not been rescinded and remains in effect; and  WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has WHEREAS, the City Council has determined that teleconferencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other City commission meetings. WHEREAS, on October 19, 2021, the City Council approved Resolution No. 2522 authorizing remote teleconferencing for City Council and City commission-metings: in accordance WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every 30 days after approving Resolution No. 2522 in order to NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES 1. The City Council has reconsidered the circumstances oft the COVID-19 state of emergency  with Government Code Section 54953, as amended by AB 361.  continue with remote teleconferencing.  AS FOLLOWS:  and finds that the following circumstances exist:    A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person; B. State or local officials continue to recommend measures to promote social This Resolution shall be effective immediately and a similar resolution shall be a standing item on City Council meeting agendas each month to reconsider the circumstances oft the COVID- 19s state of emergency and determine whether the state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until the necessary findings required for continuing remote teleconferencing are no longer approved by the City Council. The foregoing resolution of the City Council of the City of Fowler was duly and regularly introduced and approved at a regular meeting of the City Council on November 2, 2021, by the  and distancing. 2.  following vote: AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vazquez, Deputy City Clerk  AWDOCS0,50255RES0900624DOCX    ITEM  6D  FOWLER CITY COUNCIL  1908  ITEM NO:  6-D  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  Dario Dominguez, Public Works Director  Consider Amendment No. 1 to the Agreement for On-Call Engineering Services for Federally  Funded Transportation Projects with Peters Engineering Group.  RECOMMENDATION  Approve Amendment No. 1 to the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects with Peters Engineering Group and authorize the City Manager  toe execute the agreement on behalf of the City.  BACKGROUND  Requirements associated with the expenditure of federal transportation funds require that engineering services be procured for projects utilizing these funds in accordance with federal regulations. These regulations allow for agencies to procure engineering services for a three- In2 2018 the City issued a Request for Proposal to provide engineering services for federally funded transportation projects. The City received two proposals and deemed Peters Engineering Group as the most qualified firm. As such, the City Council awarded a three-year contract to The City is satisfied with the performance of Peters Engineering Group and desires to extend the contract for a one-year period to September 4, 2022, to allow for uninterrupted engineering services on current and development of potential new federally funded transportation projects. The not to exceed contract amount of $850,000 will not change with this amendment.  year period with two one-year extensions at the discretion of the agency.  Peters Engineering Group to provide these services.  FISCAL IMPACT  No impact. The engineering services will be funded through federal transportation grant funds.    ATTACHMENTS:  Amendment No. 1 to the Agreement for On-Call Engineering Services for Federally Agreement for on-call Engineering Services for Federally Funded Transportation Project  Funded Transportation Projects    AMENDMENT NO.1  AGREEMENT FOR ON-CALL ENGINEERING SERVICES FOR FEDERALLY-FUNDED TRANSPORTATION PROJECTS  Amendments to Agreement  Peters Engineering Group and the City of Fowler entered into an agreement on September 4, 2018, for engineering serviçes related to federally-funded transportation projects in the City of Fowler ("Agreement"). The Agreement is intended to be inclusive of all federally-funded projects undertaken by the City ofat three-year period beginning September 4, 2018, with the option to extend the Agreement up to two additional years (I-year extensions, no more than twice and not to exceed 5 years total) by contract This amendment extends the Agreement term for one year, from September 4, 2021, to September 4, 2022, such that several projects currently underway can be completed under this Agreement. This Article V, Section D of the Agreement is amended to replace Jeannie Davis with Wilma Quan as the  amendment.  amendment is effective beginning on September 4, 2021. Contract Administrator for the City of Fowler.  All other provisions of the Agreement shall remain unchanged.  PETERS ENGINEERING GROUP  CITY OF FOWLER  fa.e David Peters, PE, TE Principal Engineer C52753/T2271  Wilma Quan City Manager  09/04/2021  09/04/2021  Date  Date    CITY OF FOWLER  AGREEMENT FOR ON-CALL: ENGINEERING SERVICES FOR FEDERALLY FUNDED TRANSPORTATION PROJECT  ARTICLEI INTRODUCTION  A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the  following named, hereinafter referred to as, LOCAL AGENCY: The name oft the "CONSULTANT'isa as follows:  Peters Engineering Group 952 Pollasky Avenue Clovis, CA 93612  Incorporated in the State ofCalifomia  The Project Manager for the "CONSULTANT": will be David Peters, PE  The name of the LOCALAGENCY's: as follows:  City ofl Fowler 128 S. Fifth Street Fowler, CA 93625  The Contract Administrator for LOCAL. AGENCY will be Jeannie Davis.  B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT's Cost Proposal dated April 13,2018. The approved CONSULTANT's Cost! Proposal is attached hereto (Attachment! I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take . ( CONSULTANT agrees toi indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL. AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL. AGENCY in defending against claims ultimately determined to D. CONSULTANT and the agents and employees of CONSULTANI, in the performance oft this contract, shall acti in an independent capacity and not as officers or employees or agents OfLOCAL E. Without the written consent OfLOCAL AGENCY, this contract is not assignable by  precedence.  be due to negligent acts, errors, or omissions OfCONSULTANT.  AGENCY.  CONSULTANT either in whole or inj part.  Page 1of16    F. No alteration or variation oft the terms oft this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement noti incorporated herein, shall G. The consideration to be paid to CONSULTANT as provided herein, shall bei in compensation for all OfCONSULTANT's expenses incurred in thej performancel hereof, including travel and per diem,  be binding on any ofthej parties hereto. unless otherwise expressly so provided. ARTICLEII STATEMENT OF WORK  1. Project Management The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the CITY and consultant sub-contractors, and preparing all submissions fort the CITY to submit to CaltransLocal 2. Preliminary Engineering Studies Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometries, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS 3. Surveys and Mapping The Consultant shall be responsible for data collection, mapping and surveying: necsayforpraliminrye engineering, design, coste estimates, right-of-way impacts, and the level of environmental clearance, The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level 4. Environmental Studies and Documentation - Complete the environmental review; including submitting the Caltrans Preliminary Environmental Study and preparing any required technical studies to complete the NEPA document. Consultant will assist the CITY prepare the CEQA 5. Utility Coordination - Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed. 6. Right of Way Phase & Determination : Consultant shall prepare Request for Authorization to advançe project to Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, Consultant shall review right-of-way records and establish 7. Design - Design the improvements and prepare the plans, specifications, and estimates in accordance with CITY and Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. Consultant shall examine and present project altematives, as necessary, which complete project goals within construction budget. PS&E shall bes submitted to the CITYat  Assistance.  Elements, etc.  Topographic Surveys, Right-of-Way Retracement, and a! Record ofSurvey.  document as requested.  additional right-of-way along the entire alignment, ifr necessary.  60%,90%, and final contract documents.  Page2of16    8. Coordination with Adjacent Properties - Coordinate with adjaçent property to establish driveway locations and other modifications required in front of their property such as fence 9. Construction Phase Authorization- Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance 10. Bid! Process- Provide an electronic copy oft the final approved plans and specifications, a copy of the final approved plans, and al hard copy ofthe final approved specifications. The electronic copy ofthe plans shall be provided as both AutoCAD files and PDF files, and the electronic copy ofthe specifications shall be provided in both Microsoft Word format and PDF format. CITY will be responsible for making copies of contract documents and will distribute to plan rooms and contractors unless otherwise noted in thej project task order. Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the CITYas 11. Construction Phase Services Consultant shall provide inspection and other construction phase  relocations, mailbox relocation, or tree removal.  Procedures Manual.  necessary.  services during construction.  12. Provide other engineering and design services as requested. ARTICLEII CONSULTANT'S REPORTS OR MEETINGS  A. CONSULTANT shall submit progress reports on each specific project in accordance with the' Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed forl LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, ori is on schedule; toj provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so B. CONSULTANT's Project Manager shall meet with LOCAL. AGENCY's Contract Administrator or  remedies can be developed.  Project Coordinator, as needed, to discuss progress on the project(s).  ARTICLEIV PERFORMANCE PERIOD  A. This contract shall goi into effect on September 4, 2018 contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on September 5, 2021 unless extended B. CONSULTANTi is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. C. The period ofp performance for each: specific project shall be in accordance with the Task Order for that project. Ifwork on a' Task Order is in progress on the expiration date ofthis contract, the terms  by contract amendment.  oft the contract shall be extended by contract amendment.  Page3of16    ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)  A. The method ofpayment for this contract will be based on lump sum. Thet total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work ofthis contract. No additional compensation willl be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In thei instance ofa change in the scope of work or scope oft the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL. AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. IFCONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with thej provisions of Article VI Termination. C CONSULTANT shall not commence performance ofwork or services until this contract has been approved by LOCAL AGENCY and notification to proçeed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval ofs any work, or for D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract. Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANTiS billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion OCONSULTANTSwON, Invoices shall be mailed to LOCAL AGENCY's Contract  amendment and approved by LOCAL AGENCY.  any work performed prior to approval of this contract.  Administrator at the following address:  Jeannie Davis, Contract Administrator  CityofFowler 128S.Fifth Street Fowler, CA 93625  E. The total amount payable byl LOCAL AGENCY shall not exceed $850,000.  ARTICLE VITERMINATION  A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event ofsuch termination, LOCAL. AGENCY: may proceed with the work in any manner deemed proper byLOCAL AGENCY. IfLOCAL. AGENCY terminates this contract with CONSULTANT, LOCAL. AGENCY shall pay CONSULTANT the: sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due  notice to CONSULTANT with the reasons for termination stated in the notice.  Page 4of16    CONSULTANT under this contract and the balance, ifany, shall be paid to CONSULTANT upon C. The maximum amount for which the LOCAL. AGENCY shall be liable ifthis contract is terminated ARTICLE VII COSTI PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations Part 31.000 et seq., are subject toi repayment by CONSULTANT to LOCAL AGENCY.  demand. is$25,000dollars.  allowability ofi individual items.  Governments. System, Chapter1,  ARTICLE VII RETENTION OF RECORDS/AUDIT  For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, Califomia Code of] Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance oft the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available fori inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance oft the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of thel Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations,  excerpts, and transactions, and copies thereof shall be: furnished ifr requested.  ARTICLE IX AUDIT REVIIEW PROCEDURES  A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed ofby agreement, shall be reviewed byl LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review C. Neither the pendencyofac dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms ofthis contract. D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits orreviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR. Audit, ora CPA ICR audit work paper review. Ifselected for audit or review, the contract, cost proposal and ICR and related work papers, ifapplicable, will be reviewed to verify compliance with 48 CFR, Part  will be submitted in writing.  Page 5of16    31 and other related laws and regulations. In the instances ofa CPA ICR audit work paper review it is CONSULTANTAmpasly, to ensure federal, state, or local government officials are allowed full access tot the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved byl LOCAL AGENCY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL. AGENCY at its sole discretion. Refusal by CONSULTANTto incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered: al breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.  ARTICLEX SUBCONTRACTING  A. Nothing contained int this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT ofits responsibilities: and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL. AGENCY for the acts and omissions ofi its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions ofp persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL. AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion ofthe work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each D. All subcontracts entered into as a1 result oft this contract shall contain all the provisions stipulated in E. Any substitution ofs subconsultant/s) must be approved in writing by LOCALAGENCY's Contract  expressly identified in the approved Cost Proposal. payment made to CONSULTANT by LOCAL AGENCY. this contract to be applicable to subconsultants.  Administrator prior to the start of work by the subconsultant(s).  ARTICLEXI EQUIPMENT PURCHASE  A. Prior authorization in writing, by LOCAL. AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation B. For purchase ofa any item, service or consulting work not covered in CONSULTANT'S Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Administrator; three competitive quotations must be submitted with the request, or the absence ofbidding must be C.A Any equipment purchased as aresult oft this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of$5,000 or more. Ifthe purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive aj proper  ofthe necessity or desirability ofincurring such costs.  adequately. justified.  Page6of16    refund or credit at the conclusion oft the contract, or ift the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at aj public or private sale, in accordance with establishedLOCAL AGENCY procedures; and credit LOCAL. AGENCY: in an amount equal to the sales price. IFCONSULTANT elects tol keep the equipment, fair market value shall be determined at CONSULTANT's expense, on1 the basis ofa competent independent appraisal ofsuch equipment. Appraisals shall be obtained from an appraiser mutually agreeable to byl LOCAL AGENCY and CONSULTANT, ifitis determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL. AGENCY." 49CFR, Part 18 requires a credit to Federal funds when participating equipment with ai fair market value greater than $5,000 is credited  to the project.  ARTICLE XII STATEI PREVAILING WAGE. RATES local laws and ordinances applicable to the work.  A. CONSULTANT shall comply with the State ofCalifornia's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and B. Any subcontract entered into as ai result of this contract, if for more than $25,000 for public works construction or moret than $15,000 for the alteration, demolition, repair, or maintenance ofpublic works, shall contain all of the provisions oft this Article, unless the awarding agency has an approved When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department ofl Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See  labor compliance program by the Director ofIndustrial Relations.  itpy/www.ircagoy.  ARTICLE XIII CONFLICT OF INTEREST (Verbatim)  A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL. AGENCY that may have an impact upon the outcome oft this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have ai financial interest in the outcome of this contract, or any ensuing LOCAL. AGENCY construction project, which will B. CONSULTANThereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL. AGENCY employee. For breach or violation of this warranty, LOCAL. AGENCY shalll have the right ini its discretion; to terminate the contract without liability; to pay only for the value oft the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful  follow.  consideration.  Page 7of16    ARTICLE: XV PROHIBITION OF EXPENDINGLOCAL AGENCY STATE OR FEDERAL  FUNDS FORLOBBYING  A. CONSULTANT certifies to the best ofhis or her knowledge and beliefthat:  1. No state, federal or local agency appropriated: funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee ofa any state or federal agency; al Member oft the State Legislature or United States Congress; an officer or employee oft the Legislature or Congress; or any employee ofa Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of fany state or federal grant; the making of any state or federal loan; the entering into ofs any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofa any state or federal contract, grant, loan, or 2. Ifany funds other than federal appropriated funds have been paid, or will be paid to any person forinfluencing or attempting to influence an officer or employee of any federal agency; al Member of Congress; an officer or employee of Congress, or an employee ofa Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure  cooperative agreement.  Form to Reportl Lobbying", in accordance withi its instructions.  B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is aj prerequisite for making or entering into this transaction imposed by Section 1352, Title: 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more C. CONSULTANT also agrees by signing this document that he or she shall require that the language ofthis certification be included in all lower-tier subcontracts, which exceed $100,000 and that all  than $100,000 for each such failure.  such sub recipients shall certify and disclose accordingly. ARTICLE: XVI STATEMENT OF COMPLIANCE  A. CONSULTANT's: signature affixed herein, and dated, shall constitute a certification under penalty ofperjury under the laws oft the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements ofGovernment Code Section 12990 B. During the performance oft this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial ofi family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with thej provisions oft the Fair Employment and Housing Act (Gov. Code $12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (Califoria Code of Regulations, Title: 2, Section 7285 et seq.). The applicable regulations oft thel Fair Employment and Housing Commission implementing Government Code Section 12990( (a-f), set forth in Chapter 5 ofDivision 4 ofTitle 2 of the California Code of Regulations, are incorporated into this Contract by reference and made aj part hereof as if set forth in  and Title 2, Califomia Administrative Code, Section 8103.  Page 8of16    full. Consultant and its subconsultants shall give written notice oftheir obligations under this clause tol labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally- assisted programs ofthe Department ofTransportation- - Title 49 Code ofFederal Regulations, Part 21-E Effectuation ofTitle VIofthe 1964 Civil Rights Act). Title VI provides that the recipients of federa! assistance will implement and maintain aj policy ofn nondiscrimination in which no person in the state of California shall, on thel basis ofrace, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in D. The Consultant, with regard to the work performed by it during the Agreement shall acti in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis ofrace, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant: shall not participate either directly or indirectly int the discrimination prohibited by Section 21.5ofthe U.S. DOT's Regulations, including employment practices when the. Agreement covers aj program  interest.  whose goal is employment.  ARTICLEXVII DEBARMENT AND SUSPENSION CERTIFICATION  A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty ofperjury under the laws of the State of California, that CONSULTANTI has complied with Title2CFR,Part 180, "OMB Guidelines to Agencies on Govemment wide Debarment and Suspension nonprocurement), which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3): years; does not have ap proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3): years. Any exceptions to this certitication must be B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.  disclosed to LOCAL AGENCY.  apply, initiating agency, and dates ofaction.  ARTICLE XVIII FUNDING REQUIREMENTS  A. Itis mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit ofboth parties, in order to avoid program and fiscal delays that would occur ifthe contract were executed after that B. This contract is valid and enforceable only, ifs sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional  determination was made.  Page 90f16    restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCALA AGENCY governing board that may affect the provisions, terms, or funding oft this contract C. Itist mutually agreed that ifsufficient funds are not appropriated, this contract may be amended to D. LOCAL. AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.  in any manner.  reflect any reduction ini funds.  ARTICLE: XIX CHANGE IN TERMS  A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL. AGENCY's Contract C. There shall be no change in CONSULTANT's, Project Manager or members oft the project team, as listed in the approved Cost Proposal, which is apart oft this contract without prior written approval ARTICLE) XX DISADVANTAGED BUSINESS ENTERPRISES OBE,PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department ofTransportation: Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated B. The goal for DBE participation for this contract is 3%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part oft the Contract. Ifal DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE C. DBES and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or inj part with federal funds. CONSULTANTor subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of49 CFR, Part 26i in the award and administration ofUS DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach oft this contract, which may result in the termination ofthis contract or such other remedy as LOCAL AGENCY deems D. Any subcontract entered into as ai result oft this contract shall contain all oft the provisions ofthis E. AI DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR2 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53().  Administrator.  by LOCAL. AGENCY's Contract Administrator.  statewide overall DBE goal.  subconsultant, if the goal is not otherwise met.  appropriate. section.  Page 10of16    F. ADBE performs a Commercially' Useful Function (CUF) wheni it is responsible for execution ofthe work oft the contract and is carrying out its responsibilities by actuallyperforming, managing, and supervising the work involved. Toj perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiatingprice, determining quality and quantity, ordering the material, andi installing (where applicable) and paying for the material itself. To determine whether al DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate G. AD DBE does not perform a CUF ifits role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance ofDBE participation. In determining whether al DBE is such an extra participant, examine similar H. Ifal DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost ofi its contract with its own work: force, or the DBE subcontracts a greater portion oft the work oft the contract than would be expected on the basis oft normal industry practice for thet type ofwork - CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and thei total dollar amount actually paid eachl DBE or vendor, regardless of tier. The records shall show the date ofpayment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date ofwork performed by their own: forces along with the J. Upon completion ofthe Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final! Report-Ultilization of! Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM), certified correct by CONSULTANT or CONSULTANT'S authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result int twenty-five percent (25%) ofthe dollar value oft the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report-Ultilization of] Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" K. Ifal DBE subconsultant is decertified during the life ofthe contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. lfas subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANTin writing with the date of certification. Any changes should be reported to LOCAL. AGENCY's  with the work it is actually performing, and other relevant factors.  transactions, particularly those in which DBEs do not participate.  involved, it willl bej presumed that it is not performing a CUF.  corresponding dollar value of the work.  iss submitted to the Contract Administrator.  Contract Administrator within 30 days. ARTICLE XXI CONTINGENT FEE  CONSULTANT warrants, by execution oft this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to  Page 11of16    deduct from the contract price or consideration, or otherwise recover the full amount ofs such  commission, percentage, brokerage, or contingent fee.  ARTICLE XXII DISPUTES  A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed ofby agreement shall be decided bya committee consisting OfLOCAL. AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or B. Not later than 30 days after completion ofall deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review byl LOCAL AGENCY Govering Board ofunresolved claims or disputes, other than audit. The request for review will be submitted in C. Neither the pendency ofa dispute, nori its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.  verbal information submitted by CONSULTANT.  writing.  ARTICLE XXITI INSPECTION OF WORK  CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on  ad daily basis.  ARTICLE: XXIV SAFETY  A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued byl LOCAL. AGENCY Safety Officer and otherI LOCAL. AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits oft the project and are open to public traffic. CONSULTANT shall comply with all oft the requirements set forth inl Divisions 11, 12,13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation ofi its vehicles and the protection oft the traveling public from injury-and damage from such Any subcontract entered into as a result oft this contract, shall contain all of the provisions ofthis  construction project site.  vehicles. Article.  ARTICLE: XXV INSURANCE  A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY: a Certificate of Insurance stating that there is general comprehensive liability insurance presentlyi in effect for CONSULTANT with a combined single limit (CSL) ofnot less than one  million dollars ($1,000,000) per occurrence.  Page 12of16    B. The Certificate of Insurance will provide:  1. That the insurer will not cancel the insured's coverage without 30 days prior written notice to 2. That LOCAL. AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. 3. That] LOCAL. AGENCY will not be responsible for any premiums or assessments on the C. CONSULTANT agrees that the bodilyi injury liability insurance herein provided for, shall be in effect at all times during the term oft this contract. In the event said insurance coverage expires at any time or times during the term oft this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, fori not less than either the remainder of the term ofthe contract, or for aj period ofnot less than one (I)year. New Certificates ofl Insurance are subject to the approval OfLOCAL AGENCY. Int the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it  LOCAL AGENCY.  policy.  may have, terminate this contract upon occurrence ofsuch event.  ARTICLE XXVI OWNERSHIP OF DATA  A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part ofthis contract will automatically be vested inl LOCAL AGENCY;andi no further agreement will be necessary to transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL. AGENCY all necessary copies of data needed to complete B. Itis understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use int the construction of the project for which C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL. AGENCY of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR27, Subpart 27.3-Patent Rights under Goverment Contracts for federal-aid E. LOCAL AGENCY may permit copyrighting reports or other agreement products. Ifcopyrights are permitted; the agreement shall provide that thel FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for  the review and approval process. this contract has been entered into.  contracts).  government purposes.  Page 130f16    ARTICLE. XXVII CLAIMS FILED BYLOCAL AGENCY's CONSTRUCTION  CONTRACTOR  A. Ifclaims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's) personnel, and additional information or assistance from CONSULTANT's personne! is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL. AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration B. CONSULTANT's personnel that LOCAL. AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony willl be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this contract. . - Services of CONSULTANT's; personnel in connection with LOCAL. AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, ifr necessary, extending the termination date oft this contract in order to resolve the construction claims.  proceedings.  ARTICLE XXVII CONFIDENTIALITY OF DATA  A. All financial, statistical, personal, technical, or other data and information relative tol LOCAL AGENCY's operations, which are designated confidential byLOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or . C CONSULTANT shall not comment publicly to the press or any other media regarding the contract OrLOCAL AGENCY's actions on the same, except tol LOCAL. AGENCY's staff, CONSULTANT'S ownj personnel involved in the performance ofthis contract, at public hearings or in: response to D. CONSULTANT shall noti issue any news release or public relations item of any nature, whatsoever, regarding work performed or to bej performed under this contract without prior review ofthe contents thereof by LOCAL. AGENCY, and receipt ofLOCAL. AGENCY'S written permission. E. Any subcontract entered into as ai result of this contract shall contain all of the provisions of this (For. PS&E contracts add paragraph. F, below, to paragraphs A through. E, above) F. All information related to the construction estimate is confidential, and shall not be disclosed by ARTICLE XXIX NATIONALLABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within thei immediately preceding two-year period, because of  unauthorized use and disclosure.  disseminate the same on any other ocçasion.  questions from a Legislative committee.  Article.  CONSULTANT to any entity other than LOCAL AGENCY.  Page 14of16    CONSULTANT's: failure to comply with an order ofa federal court that orders CONSULTANTtO  comply with an order ofthel National Labor Relations Board. ARTICLE2 XXX EVALUATION OF CONSULTANT  CONSULTANT's performance willl be evaluated by LOCALA AGENCY. A copy oft the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained  as part ofthe contract record.  ARTICLE: XXXI RETENTION OF FUNDS  A. Any subcontract entered into as ai result oft this Contract shall contain all of the provisions ofthis B. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation oft this provision shall subject the violating prime consultant or subconsultant tot the penalties, sanctions and other remedies specified in Section 7108.5ofthe Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, orj judicial remedies, otherwise available to the prime consultant or subconsultant in the event ofa dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants.  section.  ARTICLE: XXXII NOTIFICATION  All notices hereunder and communications. regarding interpretation of the terms oft this contract and changes thereto, shall be effected by the mailing thereofby registered or certified mail, retum receipt  requested, postage prepaid, and addressed as follows:  CONSULTANT:  Peters Engineering Group David Peters 952 Pollasky Avenue Clovis, CA 93612  Project Manager  Page 150f16    LOCAL. AGENCY:  CityOfFowler Jeannie Davis 128 S. Fifth Street Fowler, CA 93625  Contract Administrator  ARTICLE XXXIII CONTRACT  The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions ofthis contract as evidenced by the signatures below.  ARTICLE XXXIV SIGNATURES  PETERS ENGINEERINGOROUP faion David Peters, President Date:_ August 31.2018  CITY OF FOWLER  Manager  Burikbe  Date: 9Hli8  Page 16of16    ITEM  6E  FOWLER CITY COUNCIL  1908  ITEM NO:  6-E  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT 2021-2022.  Yvonne Hernandez, Recreation Coordinator  Approve an agreement with Fireworks America in an amount not to exceed $18,000 for Fiscal Year  RECOMMENDATION Year 2021-2022. BACKGROUND  Staff recommend approval of an agreement with Fireworks America in an amount of $18,000 for Fiscal  The fireworks display is organized by the City of Fowler Recreation Department. It is a free admission show, with live music, food booths and activities for kids. Itisa a safe and sane way for families to enjoy  an 18 minute fireworks show. FISCAL IMPACT  Funds associated with this agreement are included in the FY 2021-22 budget, which was adopted by  Council on June 15, 2021. Attachments:  Independence Day Agreement    City ofFowler  OWLER.  1908  Presents  Independence Day A Fireworks Extravaganza  7/4/2022  Produced by  Fireworks & Stage FX America "The Difference is Quality"    City ofFowler July 4, 2022  Our National Anthem  Cakes &Candles & SetPiece Multishot Barrages (cakes) 49 Shot Cakes 100 Shot Cakes 150 Shot Cakes 300 Shot Cakes 9-sht Rm.Candles Total Shots:  ProgramA Qty "The Rockets Red Glare......" 2.5" 6 "The bombs bursting in air.... " 2.5" 6 "..and thel home of the brave! !" 2.5" 20 (mini finale')  Qty shots 1 1 1 2 30  49 100 150 600 270 1,169  Aerial Show Presentation Aerial Titanium Flash Salutes Standard: Single & Multi-Colored Aerial Display Shells 2.5" 50 3" 75 4" 30 5" 15  Aerial Grand Finale  ProgramA Color & Multi-Color Finale Shells 2.5" 150 3" 200 4" 12 5" 2 3" 40  3"  10  Aerial Titanium Flash Salutes  Classic: Electric Color & Color Changing Aerial Display Shells 2.5" 40 3" 4" 5"  Grand Totals Total Aerial Shells Total Specials Set Piece (lancework) Grand Total All:  55 20 10  872 1,169 250 2,291  Select: Distinctive & Unique Aerial Display Shells 2.5" 30 3" 55 4" 10 5" 5 3" 45 4" 4 5" 2 Streaking Comets &' Tiger Tails 3" 20  Program Price  Premium: Aerial Display Shells  Total Program Price Inclusive of: Insurance, Operator & Crew, and  Transportation. Cost  $18,000    Fireworks America Products  "The Difference Is Quality"  Fireworks America has sought to affiliate itself with world renown-award winning manufacturers, both foreign and domestic. In every show you will find only the highest qualityofproducts, designs, and variety which will far surpass those of our competitors.  Product Definitions Are:  Standard: Aerial Shells include: One color products and multiple colored products such as Chrysanthemums, Peonies, Hearts, Rings, Red, Green, Blue, Yellow, Purple, Orange, Variegated, etc. Our variety is unmatched and as such we can guarantee over 40 Compare to our competitors "Color", "Fancy", some "Extra. Fancy", "Standard"  varieties in this category.  or "Japanese Style Deluxe" Shells.  Classic: Aerial Shells include: Flitter, Glitter, Electric Color, Color Changing Transformation, Penny Glitter, Glitter & Color, Magnesium Red Electric, Red to Blue, Comets, etc. Our variety is unmatched and as such we can guarantee over 50 varieties Compare to our competitors "Extrai Fancy", "Floral", "Classic"or  in this category.  "Japanese. Style Super Efect"Shells  Select: Aerial Shells include: Distinctive and Unique Aerial Shells such as Spiders, Multiple Reports, Strobes, Multiple Effect Shells, Domestic Glittering Comets, Double Hearts, Crackling Effects, Double Ring Shells, Saturn Shells, Tourbillion Shells, Waterfalls, Special Pattern Shells, Weeping Willow Shells, Shell of Shells, Coconut Palms, and Compare to our competitors "Special" or "Japanese Style Special Effect" Shells. Premium: Aerial Shells include: Crossettes, Serpents, Whistles, Whistles and Reports, Serpents and Strobes, Fish and Whistles, Tourbillions to Reports, Thunder and Rainbow, Serpents and Stars, Nishiki Kamuros, and many other Our competitors cannot compare with our Domestically-Made Superstars.  Serpentine Shells, etc..  American Made Specialty Shells.  Comets  Bombardments  Vivid Colors    City of Fowler Show Concept, Services List, and Miscellaneous Details  Services List:  Fireworks America to Provide: 1) Permit Filings as Required 2) Storage and Delivery of] Fireworks 4) Insurance Aggregate amount of $10,000,000 (Combined Limits)  Cityof] Fowler to Provide: 1) ASuitable Firing Site 2) Adequate Security for Firing Site 4) Permit Fees 5) Standby Firefighter Fees, ifi req'd 7) Minimum permit times as required below  3) All Equipment to produce the Display 3) Sand & Sand Removal, ifreq'd 5) Worker's Compensation Insurance 6) Sound System and Playback  (Statute) 6) Choreography 8) On-site Coordinator  Minimum Time Required  Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the Land Based Shows require a minimum of; 30 days to permit based on Local and State Ordinance, FAA and other requirements. all ofthe above PLUS Coast Guard requirements. Please plan your showa accordingly.  minimum permit times.  Water based (Barge) shows require ai minimum of 60 days to permit based on  Operators and Assistants:  Fireworks America will provide the services ofa a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's' Worker's Compensation Insurance.  Payment Terms:  50% Deposit Due by December 1, 2021. Balance Net 10 Days After Display    City of Fowler Show Concept, Services List, and Miscellaneous Details  Method of Discharge:  The show will be fired manually. The licensed pyrotechnician that shoots your show will work with you to determine exactly  what speed and pace to fire your show.  Choreography:  The show will be choreographed by the licensed pyrotechnician. All pyrotechnics will be organized and fired toj provide for maximum  entertainment value.    Fireworks & Stage FX America  PYROTECHNIC PUBLIC DISPLAY  CONTRACT BATFLicense Number: -CA-073:20-6B-01843 -CA-073-23-6B-01844 California Licenses: GPD-0528 I/E-1129 W-1132  Fireworks & Stage FX America, Inc./LLC dba: Fireworks America POBox 488 Lakeside, CA 92040 619-938-8277 619-938-8273 Fax  1) This Contract, enteredi into this 29th day of September, 2021, by and between FIREWORKS & STAGE FX AMERICA, INC., dba FIREWORKS. AMERICA, ac California Corporation, duly licensed by thel Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA"and  CITY OF FOWLER hereinafter referred to as "BUYER".  2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display as per Program. A, submitted, accepted and made part hereof,and the services ofal liçensed pyrotechnic operator who will bei in charge of the execution of said display unless otherwise agreed in writing. This display isi tol be performed  on July 4, 2022, located at both Fowler High School. Thet time oft the display is tol be at approximately 9:30 PM.  3) BUYER agrees toj pay FA the sum of: Eighteen Thousand Doallars (U.S.) 50% deposit by date shown below, Balance due net 10 days after display.  ($18,000.00), per thei following terms: Contract must be received by November 1, 2021 Deposit must be received by December 1, 2021  4) Should thel BUYER default on these payment terms, a finance charge at a rate ofi 1.5% per month, 18% annual percentage: rate, or the maximum rate permitted byl law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied. FAi is hereby authorized to receive BUYER's financial information from any person or entity fori the 5) BUYER, at its expense, agrees to provide FA: a suitable DISPLAY SITE in which to stage, setup and firet the display. This DISPLAY SITE willi incorporate an appropriate fallout zone, which has to be approved byl FA, and that will fulfill any requirements set forthl by anys governing legal authority. Should thej proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.  purpose of verifying BUYER's abilityt topay.  Signers Initials  Page 1    Fireworks America Public Display Contract  6) BUYER, at its expense, agrees toj provide adequate security to prevent any access to the DISPLAY: SITE by members ofthe general public or any persons not expressly approved by FA. Any claim arising from damage toj persons or property caused by any unauthorized access to the DISPLAYSITE is the sole responsibility oft the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all thei times FAi is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees toj pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations. BUYER agrees to indemnify FA1 for any and: all changes or adjustments made to the DISPLAY at the 8) BUYER, ati its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and: subsequently remove the display equipment from the DISPLAYS SITE. 9) Should BUYER fail to comply or prove itselfu unable to comply with the requirements stated in paragraphs 5, 6,7and 8 herein, FA shall have no obligation to continue with the performance oft the display and the BUYER agrees to pay the full contract price plus any additional associated 10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA's control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, ati its sole discretion, determines that the weather unsuitable for the discharge oft the display, 11) BUYER shall have the option to cancel this display at any time. IfBUYER decides to cancel, BUYER agrees toj pay to FA 35% oft the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees tol hold FAI harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result ofe equipment or  request of any governing legal authority.  expenses incurred by FA.  BUYER shall pay per the cancellation terms contained in paragraph 11 herein.  product malfunction or failure.  13) FA agrees toj provide insurance coverage of Six Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect oft the event at which such a display may bel held. FA's operations are deemed complete when FAI has vacated the 14) Should BUYER: fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FAI harmless from all claims and suits made against FAi in  premises.  conjunction with the discontinuance or cancellation of the display.  Signers Initials  Page 2    Fireworks America Public Display Contract  15) FA agrees toi indemnify, defend and hold the BUYER, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of ori in connection with the performance ofs services described herein, unless thei injuries, damages or liability are the result ofl BUYER'S negligence or willful misconduct. 16) The laws oft the State of California shall govern this contract. Itis agreed that any court of competent jurisdictionl located in the County of San Diego, CA shall bej proper venue: for an action. Should such action bel brought to enforce or interpret thei terms or provisions of this Contract, the prevailing party shalll bee entitled to reasonable attorney fees and costs in addition to any other 17) Nothingi in this contract shall be construed as forming a partnership, joint venture, agency or any form ofl legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shalll be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation  relief to which they may be entitled.  on thei insurance coverages afforded in Paragraph 131 herein.  19) Other Considerations: none successors and assigns.  20) This agreement shall bel binding on the parties and on their heirs, executors, administrators, In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 29th day of September, 2021 or as dated below, if different.  Fireworks & Stage FX America, Inc.  City of Fowler  fim Acker Jim Acker  Printed Title  Northern Californina Sales & Operations Mngr.  Page 3    ITEM  6F  FOWLER CITY COUNCIL  1908  ITEM NO:  6-F  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM:  Yvonne Hernandez, Recreation Coordinator  SUBJECT  Accept donation for al live reindeer petting ZOO experience at the Christmas Tree Lighting event from  Juan and Stephanie Mejia. RECOMMENDATION  Staff recommend the City Council accept a $2,212 donation for a reindeer petting ZOO experience for  the Christmas Tree Lighting event on Dec 4, 2021.  BACKGROUND  The Recreation Commission is committed to enhancing the community experience for all events. The live reindeer petting ZOO is a unique opportunity for residents to engage with live reindeer in the City of Fowler. Families will have the opportunity to feed, pet and take pictures with these animals.  FISCAL IMPACT None    ITEM  7A1  FOWLER CITY COUNCIL  1908  ITEM NO:  7-Ai  REPORT TO THE CITY COUNCIL  November 2, 2021  FROM: SUBJECT  David Peters, City Engineer  Consider Approval of Final Map and Subdivision Agreement for Tract 5952  RECOMMENDATION  Adopt Resolution No. 2526 approving Final Map and Subdivision Agreement for Tract 5952, authorize the City Manager to execute the agreement on behalf of the City, and direct the City  Engineer to transmit the map and agreement to Fresno County for recording.  BACKGROUND  Tentative Tract Map 5952 was approved by the City Council in 2019 to create 143 single family home residential lots in the southwest corner of the Sunnyside Avenue / South Avenue interesection in the southwest part of Fowler. The applicant, K Hovnanian Homes, a California Corporation, is proposing to develop the project in two phases, the first of which, Final Map Tract 5952, includes 73 residential The applicant has complied with the conditions of approval of the tentative tract map. These conditions, in addition to many other requirements, direct the project to mitigate its project traffic impacts via payment of a fair share contribution to future traffic capacity improvements at various locations The applicant has submitted the public improvement plans and the final map to the City, both of which have been reviewed and approved by the City Engineer. A public park will be developed as part of the subdivision. The Council is required by law to accept the final map unless they can site deficiencies in As subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which have been submitted to the City. The subdivision agreement also sets forth the development fees that the applicant must pay to the City prior to the delivery of the final map to the County Recorder.  lots.  throughout the City.  the final documents.    The applicant has paid development fees as described above and in accordance with City fee resolutions. These fees will provide for review costs by the City and other capital improvement  requirements.  The subdivision is zoned residential and complies with the City's General Plan.  Following acceptance of this mapl by the City, the City Engineer will deliver the final map and subdivision  agreement to the Fresno County Recorder for recordation.  FISCAL IMPACT Attachments:  None. Costs associated with this project are funded through development fees.  Resolution No. 2526 Subdivision Agreement Final Map Tract 5952    RESOLUTION NO. 2526  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING FINAL TRACT MAPNO. 5952 AND ACCEPTING STREET DEDICATION AND EASEMENTS has presented to the City Council of the City of Fowler, a Municipal Corporation, a Final Map of Tract Act and of Chapter 4, "Subdivisions," of the Fowler Municipal Code have been complied with, and that said Final Map is substantially the same as the Tentative Map thereof, as previously approved by the City  WHEREAS, K Hovnanian Homes a California Corporation, the Owner and Subdivider,  No. 5952 for approval by the City Council; and  WHEREAS, the City Engineer has verified that all the provisions of the Subdivision Map  Council and Planning Commission; and  WHEREAS, Final Map Tract 5952 is Phase lofTentative Tract Map 5952; and WHEREAS, certain streets to be developed in Tract Map No. 5952 have been offered for WHEREAS, the Fowler Subdivision Ordinance requires that street dedications and WHEREAS; the City Council has determined it is in the best interests of the City at this NOW THEREFORE, BE IT RESOLVED the Final Map of Tract No. 5952 and the  dedication to the City ofFowler; and  easements be accepted by the City Council; and  time to accept the streets and easements offered for dedication on the Final Tract Map No. 5952.  dedication of the street and easements offered for dedication as shown on Final Tract Map 5952 be accepted, and the Mayor and/or City Manager and City Clerk be authorized and directed to sign the and directed to sign the Subdivision Agreement for Tract No. 5952, which has been previously signed by the Subdivider, related to the construction of public improvements associated with Tract No. 5952.  documents for improvements and recordation.  NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager is authorized  Dated: November 2, 2021  David Cardenas, Mayor  LA Angela Vasquez, Deputy City Clerk of the City of Fowler, do hereby certify and attest that the foregoing resolution was duly passed and adopted at a regular meeting of the Fowler City Council held on  November 2, 2021, by the following vote:  Ayes: Noes: Absent: Abstain:  Councilmembers: Councilmembers: Councilmembers: Councilmembers:  Angela Vasquez, Deputy City Clerk  City of Fowler    CITY OF FOWLER SUBDIVISION AGREEMENT TRACT NO. 5952  THIS SUBDIVISION AGREEMENT (AGREEMENT"), Is made and entered into this CALIFORNIA, INC., a Calffomia Corporation (SUBDMDER"), and the CITY OF FOWLER, a  day of  2021, by and between K. HOVNANIAN HOMES NORTHERN  Municipal Corporation ("CITY").  RECITALS  A. Tentative Map No. 5952 (attached hereto as Exhibit "A) has been filed with City for a proposed division of land adjacent to the intersection of Sunnyside Avenue and Sumner Avenue which is located within the corporate limits of the City. This tentative map has been approved and Tract 5952 is the first of two phases of development. SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon and to otherwise approve B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation of the improvements specified int this Agreement. C. Certain public improvements are required to be made by SUBDIMDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 ofthe California Govemment Code provides, as a condition precedent tot the approval of the Final Map, that the City shall require the SUBDIMDER to enter into an D. The SUBDIMIDER and CITY enter into this agreement to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with the City of Fowler Municipal Code, which Sections by this reference are incorporated into this Agreement  the Final Map in order that the same may be recorded as required by law.  agreement to complete said public improvements.  made a part hereof.  NOWTHEREFORE, it Is hereby agreed as follows:  1. Improvements. SUBDMDER shall construct and install all public Improvements in the Subdivision as identified on the Final Map and improvement plans (the "improvements") in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Fowler Municipal Code, all applicable laws, codes and regulations, and the terms and conditions of this Agreement (collectively "Work). In accordance with the Fowler Municipal Code, all ofthe Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction. The SUBDIMDER shall notify the City Engineer in writing (via emall) two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing the beginning of the construction period. Construction shall  Sunnyside I- Subdivision Agreement for Tract No. 5952 version3  Pagel    commence not later than 12 months after recordation of the Final Map. Request to extend the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period shall not Within thirty (30) days after the SUBDIIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such Work and, If the Work has been performed In the required manner and in accordance with this Agreement, the Final Map, the Fowier Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the Improvements are ready for acceptance by the CITY. 2. Inspection. The CITY shall inspect all Work in accordance with Section 16 of the Fowler Municipal Code, including the SUBDMDER'S conformance with the CITY's standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction As part of the inspection process, SUBDIVIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as reasonably required by the City's Department of Public Works and/or Bullding Official. The materials testing firm must be approved by the CITY before any testing or retesting begns, which approval shall not be unreasonably withheld, conditioned, or delayed. The City's Inspector shall designate the locations for compaction tests, and shall be notified 24 hours in advance of all testing and observe all testing procedures at the Cities discretion. In addition to street areas, compaction The SUBDMDERS Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City's Department of Public Works that the street grades conform to the approved grades. In the case of asphalt concrete surfacing, the SUBDMDER'S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at SUBDMDER shall construct all required Improvements In accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIMIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIMIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all Items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibillty of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for Improvements constructed after the stated date of  exceed three (3) months.  conference held prior to commencing the Work.  testing shall be performed in building pad areas.  the time all surfacing is performed.  and gutter shall be continuous.  ont the City Council agenda for acceptance.  Sunnyside II-Subdivision. Agreement for' Tract No. 5952 (v3) clean.doc  Page 2    completion, the SUBDIMDER must pay said additional fees and costs prior to acceptance by expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "B" to this Agreement. SUBDIMDER agrees to pay when due, all impact fees Identified in the current development Impact fees schedule, including, without limitation, all CITY engineering 66499 et. seq. of the California Govemment Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons Involved in the performance oft the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIMDER may be released in whole or in part in the  the City Council of the Improvements.  3.  Costs and Fees. The SUBDIVIDER shall be responsible for all costs and  and inspection fees identified in this Agreement.  4.  Security. SUBDIVIDER agrees to furnish security, which complies with Section  following manner:  (a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual Items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is (b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may be released if claims including, without limitation, stop notices, have not been (c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIVISION has been recorded. In the alternative, SUBDIMIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "B" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the No final map shall be signed by the City Engineer or recorded until all  satisfactorily completed and accepted by the CITY.  filed.  Subdivision.  improvement securities required by the Fowler Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of be performed pursuant to this Agreement, SUBDIMIDER shall furnish the CITY with a certificate ofir insurance with a separate endorsement evidencing the following insurance coverages: Commercial and general liability Insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00), per occurrence. Such insurance shall include producta/completed operations liability, owners and contractors protective blanket contractual  forms as approved by the CITY.  5.  Liability. As a condition precedent, and prior to commencement of the Work to  Sunnyside II- Subdivision Agreement for Tractl No. 5952(v3) clean.doc  Page3    liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIMDER, and arising out of ori in any way connected with the Work which is the subject of this Agreement. Such policy or policies of insurance shall specifically provide that the CITYshall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policles. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject of this Agreement, whether liability Is attributable to the SUBDIMIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be All such insurance shall provide coverage for SUBDIVIDER's obligations of indemnification as The expiration or proposed cancellation of any such insurance policy or policies during the term of this Agreement, for any reason whatsoever, shall constitute a material breach of this defend and hold harmless the CITY and all officials, officers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including reasonable attorney's fees and costs of all types, in any way arising out of, or in any way related to the Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIMDER, SUBDMIDER'S independent contractors, employees, representatives, agents and invitees while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be inf full force and effect regardless of whether or not there is insurance poliçies covering the applicable damages, claims, or liability. This indemnification shall be binding upon the SUBDMDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the Improvements and completion SUBDIMDER agrees that the use of any and all public streets and Improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the within any public rights-of-way or easements, which are located beyond the Subdivision limits, SUBDIMIDER shall satisfy any and all requirements necessary to obtain an encroachment  borne solely by the SUBDIMDER. set forth in paragraph 6 of this Agreement.  Agreement. 6.  Indemnification. SUBDIMDER hereby agrees to and shall protect, indemnify,  of the Work for two (2) years.  sole and exclusive risk of the SUBDIMIDER.  7.  Permits and Compliance. Should SUBDIMDER be required to perform any Work  permit from the CITY or any other agency.  Sunnyside I- Subdivision Agreement for Tractl No. 5952(v3) clean.doc  Page4    The SUBDIMIDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull! boxes, and other SUBDMDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern Califomia Gas, Comcast Cable, ATT, and any other applicable private utilty company, to guarantee the installation of all utilities and services to the Subdivision. Coples of all agreements and written evidence of these financial arrangements shall be fumished to the CITY along with a composite underground utilty plan prior to beginning construction of the private utility SUBDIMIDER shall make arrangements for the relocation of all overhead and underground public utilty facillties along the frontages or that Interfere with the construction of the Improvements. The SUBDIMIDER shall be responsible for the full cost of relocating such The SUBDIMIDER shall repair any damage to public streets or other public property or improvements, which results from, or is incidental to, the construction of the Improvements, orin lieu ofr making such repairs, the SUBDIVIDER shall pay to the CITY the full cost of such repairs. Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineer following inspection. Primary completion is defined as completion of all required Improvements except No occupancy permit for any. dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantial completion is defined as completion of all required Improvements with only minor corrections known as "punch list" Items remaining. No inspections or approval by the City Engineer will be deemed acceptance by the City Council. In accordance with the Fowler Municipal Code, construction methods and materials for all Improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required Improvements plans have been approved by the The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or The SUBDMDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and wam the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. If in the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by The SUBDIMDER shall require all contractors and subcontractors to conform to the applicable provisions of the Califomia Occupational Safety and Health Act ("OSHA"). On-site inspection of the work will be requested of OSHA officials and all work subject to this Agreement  existing facilitles providing service to within the limits oft this Subdivision.  improvements within the limits of the subdivision.  utilities and facilities.  paving, sidewalks, landscaping and street lighting.  City Engineer and payment of all fees have been received by the CITY.  regulations of the CITY and the State of Califomia.  the City Engineer.  Sunnyside II-Subdivision. Agreement for Tract No. 5952 (v3) clean.doc  Pages    shall immediately stop If, in the opinion of the City Engineer, any such work Is being performed inv violation of OSHA, or when appropriate safety measures are not being utilized for the Work. SUBDIMDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIMDER shall be responsible for soll and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDMDER shall sweep the streets and alleys periodically throughout the one-year warranty period, at a minimum The SUBDIMIDER and Its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of Califorla or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the Califomia Labor Code and The SUBDIMDER shall provide and plant one street tree per lot at a location approved by the City's Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupled and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irigation system for each lot. The SUBDMDER shall install streetlights in the Subdivision. A streetlight plan shall be submitted to the City Engineer for review and approval. Streetlights shall be LED and be fumished and installed in accordance with CITY, PG&E and Caltrans' standards. The street lighting system shall become the property of the CITY upon.completion and acceptance oft the work, without further consideration to SUBDIMDER. SUBDIMDER'S contract with PG&E ("PG&E" Contract") for the furnishing of electrical power to the Subdivision shall specifically state that all streetights shall become the property of the City. Each street light shall be furnished with an electrical pull box and grounding rod. The SUBDIMDER shall number the street light poles In accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule for the streetights of Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing Improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing Improvements face the alley, the SUBDMIDER shall construct a concrete mow strip in accordance with City standards between the The SUBDIMDER shall furnish to the CITY a set of reproducible as-built plans for all street improvements ("Street Plans"). The Street Plans shall be original ink on vellum or mylar copies. The Street Plans shall include the location of all underground utilities, finished grades for all curb retums and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCAD 2020 or equivalent format as approved by the City Engineer) to the  frequency of once per month.  Section 4200 of the California Govemment Code.  LS2C.  fence and the alley paving.  City prior to final acceptance oft the Improvements and' Work by the City.  Sunnyside II-Subdivision. Agreement for Tractl No. 5952( (v3) clean.doc  Page6    SUBDIVIDER agrees to install security devices (mobile security cameras during construction), acceptable to the City of Fowler Public Works Department in order to protect Prior to the acceptance of the Work and release of the security, the SUBDMDER shall provide to the CITY a certification from Its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained in the Preliminary Soils Reports. Acertification shall also be fumished by the SUBDIMDER'S engineer that all utility trenches have been uniformly compacted to the SUBDIVIDER agrees that the City shall inspect all Work and Improvements. All of said Work and Improvements and materials shall be completed, performed and Installed under the inspection of and to the satisfaction of the City Engineer. It shall further be the responsiblity of SUBDIVIDER to give the City Engineer written notice (via emall) not less than two (2) working days in advance of the actual date on which Work Is to be started to allow for arrangements for appropriate and adequate inspection services. SUBDIMDER'S failure to notify the City Engineer may cause inspection delays for which SUBDIMIDER will be solely responsible. Defective work shall be made good, and unsultable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overiooked or approved by the City Engineer or inspector. Any damage caused by SUBDIVIDER, SUBDIMDERS contractors, employees, representatives, agents and invitees to the sewer system, water system, storm drainage facilities, concrete work, street paving, or any other improvements that occurs after installation shall be made good to the satisfaction of the City Engineer by SUBDIMIDER before final acceptance of completed work by the City Council. Defective work appearing after final acceptance shall be repaired/replaced under the warranty provisions herein. Upon final acceptance by the City Council of all Work and Improvements as provided herein, SUBDIMIDER shall warrant said Work and Improvements from any defects in materials or workmanship for a period of one (1) year following said acceptance, and a one-year warranty bond shall be furnished by SUBDMIDER to the City as herein provided herein. Landscape and Storm Drainage Maintenance District for the provision of maintenance of the landscape areas. The SUBDIMIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Landscape Maintenance District. The SUBDIVIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Landscape Maintenance District. The SUBDIMDER shall provide the City with a signed copy of SUBDIMIDER shall ensure that all solid waste is collected and disposed of by the City's contract agent, Waste Management, as required by Section 6-2.307 of the Fowler Municipal Code. fSUBDIVIDER uses persons or companies other than Waste Management for general clean up, SUBDIVIDER shall ensure that all solid waste is collected and disposed of by Waste The City Engineer is assumed to be a just arbitrator between CITY, SUBDIVIDER and SUBDIVIDER'S Contractor (herein "Contractor") and the entire work is under his jurisdiction to such end. It is hls function to interpret the drawings and specifications; pass upon merits of  streetlight and water meter facilities from vandalism.  percentages speclfied int the City Standards.  8.  Other Conditions. The SUBDIMDER shall annex the Subdivision to the City's  such notice indicating acceptance oft the notice by the buyer.  Management.  materials and workmanship.  Sunnyside II-Subdivision. Agreement for Tract No.! 5952(v3) clean.doc  Page7    Itis agreed that all conditions of approval of the Tentative Map and any Site Plan Review  shall apply to and be included in the Agreement.  9.  Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all  Work performed by Its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liabilty of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibilty of the SUBDIMIDER. It shall further be the responsibility of the SUBDIMIDER to give the City Engineer written notice (via email) not less than two (2) working days in advance oft the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Englneer may cause delay for which the SUBDIMIDER shall 10. Soil and Dust Control Provisions. The SUBDIMDER is responsible for arrangement for and payment of all CITY required soil tests at locations as reasonably determined by the City Engineer. Payment for said tests shall be made directly by the Adequate dust control shall be maintained by the SUBDIMDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas of the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with these provisions, or, at the election of the City Engineer, notice may be malled to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after maling of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIMIDER agrees to pay to CITY, upon receipt of the When the surfacing on any existing street is disturbed, SUBDIVIDER shall Immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of Improvements and final 11. Reimbursement The City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash relmbursement or preparation of a reimbursement agreement, whichever is applicable. Such request must be made in writing and received by the City Engineer within one year of the date of final acceptance of all Improvements by FOWLER City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDMDER  be solely responsible.  SUBDIVIDER to the certified testing firm of the SUBDIVIDER'S choice.  billing therefore, the entire cost tot the CITY of such dust control.  completion thereof.  Sunnyside II- Subdivision. Agroement for Tractl No.: 5952 (v3) clean.doc  Page 8    forever waives it's right to request and receive any relmbursement or reimbursement  agreement.  The following items are eligible for reimbursement related to this Subdivision:  a. 50% of eligible park improvement costs to be credited towards park impact fees. b. Water line oversizing (including fitting and appurtenances) in South Avenue (8-inch Sewer line (including new and replacement manholes, plugs and cleanouts) in South  to1 12-inch). Avenue.  d. Sewer lift station minus development's fair share.  The reimbursement amounts will be determined based on actual reasonable costs incurred by the SUBDIMDER subject to the review of the City Engineer to determine that costs are fair 12. Prevailing Wage Laws. Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations If applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevalling wages for any portion or aspect of the Subdivision, Work or improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIMIDER, any contractor, or the CITY as a result of failure to pay SUBDIMIDER shall defend, indemnify and hold harmless the CITY, Peters Engineering Group, Its officlals, officers, employees, representatives, agents and attomeys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and reasonable attorney's fees arising out of, resulting from or inany way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, the Work or the Improvements. SUBDIMIDER's obligation to defend, indemnify and hold the CITY harmless specifically Includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion SUBDIMDER's obligations to defend, indemnify and hold the CITY, Peters Engineering Group, Its officials, officers, employees, representatives, agents and attomeys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any Judgments or awards against the CITY for damages, losses, litigation costs or reasonable attomey's fees arising out of any violation or claim of violation of any prevaling wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settiement representing damages, litigation costs and attorney's  market value of installed improvements.  prevailing wages.  or aspect of the Subdivision, Work or Improvements.  fees to be pald to other parties arising out of any such proceeding or suit.  Sunnyside II-S Subdivision Agreement for Tractl No. 5952(v3) clean.doc  Page9    The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIVIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction oft the Improvements 13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other 14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 15. Attomeys' Fees. Ifan action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevalling party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any sult, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of Callfornia for any 16. Successors and Assians. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the partles hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and  and completion of the Work for one year.  agreement, statement or promises shall be valid or binding.  proceeding arising hereunder.  absolute discretion of CITY. the laws of the State of Califomia.  17. Governing Law. This Agreement shall be construed and governed pursuant to  18. Tmeofthe Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the  day of  2021.  Sunnyside I- Subdivision Agreement for Tract No. 5952(3)clean.doc  Page 10    CITYOFFOWLER FOWAERCIYMANAGER  SUBDIMIDER Corporation By:  K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC., a California  By:  Wilma Quan  lla Tim Collison, Contoller  APPROVED ASTOCONTENT:  ATTEST:  By:  By:  David Peters, PE City Engineer, City of Fowler  Fowler Deputy City Clerk  Sunnysidel II-Subdivision. Agreement for Tract No. 5952(v3) clean.doc  Page 11    ACKNOWLEDGMENT  Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or  validity oft that document. State of California County of Placor On_ 10/14/20z1  before me, LisA PAy, Notwy Pushiv  (insert name and title of the officer)  personally appeared Timthy.. Lollison  who proved to me on the basis of satisfalctory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing  paragraph is true and correct. WITNESS my hand and official seal. Signature hulad  LISA SAY NOTARY COMW.#2 PUBLIC- 2330818 CALIFORNIA 0 Coww SACRAVENTO ExP JUL CouTy 24, 2024 1  (Seal)    EXHIBIT 'A' TENTATIVE TRACT MAP  Sunnys side II- Subdivision Agreement for Traci No. 5952 (v3) clean.d .doc  Page 12    EXHIBIT "B"  MPROVEMENT COST ESTIMATE  Estimated construction costs used in this Agreement are increased for projected inflation  computed to the estimated mid-point of construction.  ESTIMATED CONSTRUCTONCOST  Site Preparation  Construction of all rough grading, fencing, and wall improvements as shown on the approved improvement plans and in accordance with  City Standards and Specifications. Sanitary Sewer System and Specifications. Storm Drainage System  303.182.00  Construction of all sanitary sewerage facilities as shown on the approved Improvement plans in accordance with City Standards  646.924.00 396.860.00  Construction of underground cross drains, storm sewerage conductor, S and disposal facilities as shown ont the approved Improvement plan in  accordance with City Standards and Speclfications.  Water System  Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City  Standards and Specifications.  326.010.00  DryUtilities  Install all gas, electric, telephone, cable, street lights, and other dry utilities as shown ont the approved Improvement Plans in accordance  with City and Utility Standards and Speclfications.  368.000.00  Sunnyside II- Subdivision Agroement for Tract No. 5952 (v3) clean.doc  Page 13    Street Construction  Construct Type "B" asphalt concrete surfacing over Class 2 aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches, valley gutters, streetlights and misc. improvements as shown on the approved Improvement Plans in accordance with  City Standards and Specifications. Off-Site Improvements  1.075.830.60  Construct off-site improvements including, but not limited to, grading,  paving, concrete, underground utilities, landscaping and street lighting, $ 754,296.80  Total Estimate Construction Costs-  3,869.103.40  Sunnyside I-Subdivislon. Agreement for Tractl No. $92(3)clean.doc  Page 14    SECURITY REQUIREMENTS  Performance Labor and Material Warranty Monumentation Security  3.869.103.40 1.934.551.70 987.275.85 10.000.00  PLANCHECKAND.INPECTIONFEE  Improvement Plan Check and Inspection Fees (3%) = $116,073.00  Less Previously Paid = $0.000.00  Total Due = $116,073.00  Actual plan check and inspections fees in excess of the total amount provided herein shall be invoiced to the Owner by the City for Payment prior to acceptance of the improvements.  DEVELOPMENT FEES  All development fees are due and payable at the time of issuance of a buliding permit. Development fees will be determined using the fee schedule in efect at the time of payment.  Sunnyside II. Subdivision Agreement for" Tract No. 5952( (v3) clean.doc  Page 15        4008  SRE ysnoissy DOS  3AN3AV ZasANNnS Hunos  IsrezzKaczsilac!  NN3AV  3xnG NGAV VIN  Issittlietvz  LoLFi  Lzvon9t)so1RE  Lizrozrilisoze  3ANGAV SIOTO HINOS    EBis HInos 101100  3AV  3MnO  pu 3    Kctr)  383    &  3 d  LSIICPIES    3ANGAV  30ISANNAS  123  " 399600413  9    BG    ITEM  7A1i  FOWLER CITY COUNCIL  208  ITEM NO: 7Aii  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  Dawn E. Marple, City Planner  Public Hearing to Consider Introduction of a Zoning Ordinance Amendment No. 21-02 amending Sections 9-5.202 and 9-5.21.05 of the Fowler Zoning Ordinance to clarify accessory building  development standards. RECOMMENDATION  Both Staff and the Planning Commission recommend the City Council approve an Ordinance amending Sections 905.202 - Definitions, and 9-5.21.05-/ Accessory Buildings, of the Fowler Zoning Ordinance  too clarify accessory building development standards.  BACKGROUND  The City of Fowler Zoning Ordinance treats accessory buildings like main buildings when they are connected by an adjoining wall or connecting roof. In these instances, accessory buildings can be developed, without discretionary review, in accordance with the height and bulk standards typically applicable to the main building. For example, a detached accessory building is currently limited to ten (10) feet, or one (1) story. However, if such an accessory building is connected to the main building by al breezeway or a connected wall, this height limit is increased to match the height of the main building, The proposed text amendment would limit detached accessory buildings in their height, look, and size, with limited exceptions allowed subject to Administrative Approval. The proposed text also modifies the definition of an "attached" accessory structure and requires such a structure to be located less than 6' from the main building and be compatible with and made structurally a part of the main building. Additional requirements for compatible roof materials, texture, finish, and colors to the main building  which may be up to 35 feet in Residential Zone Districts.  are also required, as well as compliance with lot coverage, height and setbacks.    A summary of the proposed changes are as follows:  Existing Standard Attached: 35 feet  Proposed Standard Attached: Up to height of main residence Detached: Up to 16 feet Maximum 12 feet* Attached: None Detached: 600 square feet* Must be compatible with main Must have same pitch, material  Maximum Height  Detached: 10 feet, or one (1) story  Maximum Roof Plate (interior edge) Height Maximum floor area Materials, texture, finish, color Roof material, pitch Rear Yard Setback Other Setbacks  No standard No standard No standard Nos standard  structure  No Change No Change  *Standards may be exceeded by Administrative Approval  The proposed text amendment would align with the following General Plan policies of Goal 2-5, New Policy 1: Ensure that all development is attractive and of high quality design to enhance the Policy 3: Encourage innovative site planning and housing design for new residential  development is to reflect high levels of community design and image:  image of the city. development. ENVIRONMENTAL FINDINGS  The proposed zoning text amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures). None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,  Section 15300.2 apply to this project.  Attachments:  A. City Council Ordinance No. 2021-06    ORDINANCE NO. 2021- 06  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTION 202, OF ARTICLE 2, AND SECTION 05, OF ARTICLE 4 21, OF CHAPTER 5, OF TITLE 90 OF THE FOWLER MUNICIPAL CODE, TO CLARIFY ACCESSORY THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1 1. Section 202, of Chapter 5, of Title 9 of the Fowler Municipal Code is hereby  BUILDING DEVELOPMENT STANDARDS  amended as follows:  The definition of"Accessory Building" is amended to read as follows:  "Accessory Building or Structure". A building or structure that is subordinate to, and the use of which is incidental to, that of the main building or use on the same 06AaCAOPuNNg satschadiotemanbuieasywtaesssyuidn, abedeamsdieleapandnemansud, Structures that are customarily related toa residence include, but are not limited to, garages. greenhouses. gazebos, outdoor fireplaces, patios. playground structures, storage sheds, and workshops. These structures are not counted  as or containing a living area.  The definition "Building plate height" is added to read as follows:  Building plate height. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the plate line of the exterior walls which is the horizontal plane where the exterior walls meet the roof rafters or trusses. SECTION2. Section 05, of Article 21, of Chapter 5, of Title 9 of the Fowler Municipal Code is  repealed and replaced ini its entirety and is amended to read as follows:  9-5.21.05-A Accessory Structures  A. Accessory structures in Residential Zones shall be incidental to and not alter the B. Abuilding permit shall be required for any accessory structure over one-hundred twenty . Accessory structures roof lines or eaves shall not extend into adiacent property. D. Attached Structures. Accessory structures constructed less than six (6)feet from the main 1. Bec compatible with and made structurally a part of the main structure (e.g.. share acommon wall with the main structure. rely partially on the main structure for structural support,or be attached via a breezeway to the main structure). 2. Comprwanpersuremens applicable tot the main structure. including coverage. 3. The roof shall be the same material and pitch as the main structure. Bec compatible with the materials, texture, finish and colors of the main structure.  residential character of the subiect site. (120) square feet in area. structure shall:  height, and setbacks.    E. Detached Structures. Accessorystructures constructed six (6) feet or more from the main  structure shall:  1. Not exceed the allowable site coverage for the zone district. 2. Not exceed a building plate height of twelve (12)feet and an overall building height 3. Not exceed a maximum of six-hundred (600) square feet. 4. The roof shall be the same material and pitch as the main structure. 5. Be compatible with the materials, texture, finish and colors of the main structure. 6. Not be located any closer to the rear property line than as shown below:  of sixteen (16) feet.  R-1-12 R-1-10 R-1-8.5 R-1-7 R-1-6 R-1-5 RM districts  12feet 10feet 8.5 feet 7feet 6feet 5feet 5feet  F. Outdoor fireplaces, playground structures, and structures determined to be similar by 1. Not be located any closer than four (4) feet from the side property line if located 2. Not be located any closer than four (4)feet from the rear property line. 3. Outdoor fireplaces shall not exceed a total height of six (6) feet. 4. Playground structures shall not exceed a total height of twelve (12)f feet. . Such structures shall occupy no more than twenty (20) percent of the length of the required rear yard, measured between side lot lines. 1. Subject to an Administrative Approval (Section 9-5.24) accessory buildings or  the Director shall:  within the rear one-third of al lot.  G. Exceptions:  structures may:  Be allowed to exceed a building plate height of twelve (12) feet, but not  exceed the overall building height of the main structure. . Be allowed to exceed six-hundred (600) square feet.  SECTION3. The City Council has determined that the Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15311 (Accessory Structures).    SECTION4. This Ordinance shall take effect thirty (30) days after its adoption.  SECTION 5. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. Ifa summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is The foregoing ordinance was introduced at a regular meeting of the City Council held on  adopted. The summary shall be approved by the City Attorney.  2021, and was adopted at a regular meeting of said Council held on  2021, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    ITEM  7Aiii  FOWLER CITY COUNCIL  908  ITEM NO: 7Aii  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  Dawn E. Marple, City Planner  Public Hearing to Consider Introduction of Text Amendment No. 21-03 to Add Chapter 5 of Title 7 of  the Fowler Municipal Code to establish procedures for naming public facilities.  RECOMMENDATION  Both Staff and the Planning Commission recommend the City Council adopt an ordinance to add Chapter 5 to Title 7 of the Fowler Municipal Code for the purposes of establishing a procedure for the  naming of public facilities. BACKGROUND  The City of Fowler recognizes that public facilities are an essential and integral part of the community and that the names of such facilities, including the amenities within them, play a significant role in fostering identities in the surrounding communities. Such facilities include parks and other recreational facilities, streets, pump and lift stations, and police and fire stations. As these new facilities are developed, they are given temporary names for purposes of administration and accounting in accordance with the traditional protocol of staff assigning an initial name based on geographic features such as: streets, prominent geographic features, or iterations (e.g. Fire Station #2). Often, as new subdivisions are developed, green space or parks are approved as part of a condition of approval. However, as parks are improved, operated, and maintained, in some cases through financial contributions and support provided by private individuals and organizations, City Staff receive and evaluate proposals for the formal naming or renaming of new or existing parks and other facilities under City jurisdiction. Furthermore, naming opportunities may be requisite to generating financial support through private and public collaborations which can enhance and expand existing services. The City does not currently have a policy for how new public facilities will be named. City staff have reviewed other jurisdictional naming policies to establish the criteria, guidelines, and procedures for the evaluation and approval or denial of proposals received from private and public entities for the naming of public facilities. The proposed naming policy recommendations are intended to apply to various  facilities as determined appropriate by City staff, including but not limited to:    Parks and park amenities (Sports courts, play areas, etc.) Recreational facilities (Buildings, sports fields, pools, etc.) Other Park Assets (Trails, bikeways, landmarks and gateways)  Streets  Police and Fire Stations  Exceptions to the naming policy must have City Council's approval. The proposed text amendment would align with the following General Plan policies of Goal 2-5, New development is to reflect high  levels of community design and image:  Policy 1: Ensure that all development is attractive and of high quality design to enhance the The proposed ordinance was presented to the Planning Commission for input, as certain facilities, such as parks, are proposed and reviewed by the Planning Commission. The Planning Commission considered the proposed ordinance at a regular meeting on October 7, 2021 and recommended  image of the city.  approval of the proposed ordinance. ENVIRONMENTAL FINDINGS  Text Amendment No. 21-03 has been examined pursuant to the California Environmental Quality Act (CEQA) and it has been determined to not be a "project" as defined by Public Resource Code section 21065 and CEQA Guidelines Section 15378. Adoption of the proposed ordinance will not cause a direct  ori indirect change in the environment.  Attachments:  A. City Council Ordinance No. 2021-07    ORDINANCE 2021-07  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER TO ADD CHAPTER 50F TITLE7TO THE FOWLER MUNICIPAL CODE TO ESTABLISH THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5 of Title 7 of the Fowler Municipal Code is hereby added to read  PROCEDURES FOR NAMING PUBLIC FACILITIES  as follows:  Chapter 5  NAMING OF PUBLIC FACILITIES  Sections:  7-5.01Authority and Purpose  This chapter establishes the standards for naming and renaming of public facilities. The Community Development Director has the authority to implement this chapter and to  adopt administrative policies for its implementation.  7.5.02Definitions naming.  Department. The City department currently having primary responsibility for facility  Director. The Community Development Director, or designee.  Expenses. All staff and consultant costs incurred by the City in reviewing an application, including: studying a proposal, preparing reports for the City Council, and implementing  ac decision to rename a facility.  Facility. Any building, street, park, or equipment owned by the City. correction of a street name to meet commonly accepted spelling.  Minor Change. Ar request to change the suffix of a street, the name of a private street, or  7.5.03 General Procedures  (a) General Standards for Special Names.  (1) Naming facilities after individuals shall be limited to those who have made exceptional contributions to the facility or communitywithin which the facility  is located.    (2) Naming facilities after a major historic event must be based on a direct (3) The naming shall engender a positive public image which does not unduly (1) The naming of facilities proposed to be dedicated to the City shall be (2) Decision. At a public meeting, the City Council will consider the proposed facility name. The City Council may approve the facility name, by resolution, ifit finds that the proposed facility name is in the public interest.  connection between the facility and the event.  commercialize the facility.  (b) New Facilities.  determined by staff in accordance with this Chapter.  (c) Existing Facilities.  (1) Application. A person or entity requesting a name change must file an application with the Community Development Department, on a form provided by the City. The request must state the reason for the proposed name; the street, park, or public facility proposed for consideration of a name change; the proposed new name(s); and include a map showing the location of the affected facility. A fee established by City Council resolution () Determine on a case-by-case basis the appropriate scope of public (ii) Seek written comments from, at a minimum, the City's Police Department, Fire Department, Finance Department, the County of (ii) Prepare a staff report for the Planning Commission and the City Council providing an analysis of the request and including  shall be paid by the applicant.  (2) The Director, or designee, will review the request and:  outreach, and public notice.  Fresno, and United States Postal Service.  alternatives, if available.  (3) The request shall be heard by the Planning Commission. The Planning Commission shall provide a recommendation to the City Council. Upon the recommendation by the Planning Commission, staff shall schedule the request for the City Council's consideration at a public meeting. (4) Decision. At a public meeting, the City Council will consider the proposed facility name. The City Council may approve the name change, by resolution, if it finds that the proposed name is in the public interest. Prior to commencement of renaming activities, the applicant shall enter into a cost recovery agreement with the City and pay a deposit to cover the renaming  expenses.  (d) Exceptions. Exceptions to the naming criteria established under this Chapter 5  shall require the approval of the City Council.    7.5.04 New Streets  (a) General. For clarity, to accommodate City street sign size, to accommodate Emergency 911 databases and calls, and for safety for police and fire responses: (2) All streets on the same alignment shall bear the same name where (3) Suffix designations shall match the context of land use and street design (see subsection (b) below), and shall be spelled out in full on the final map. (4) AI new street may have a prefix compass designation (N, S,E,W)onlyifthe streets cross the east-west axis (Golden State Boulevard) or thenorth-south  (1) As street may have only one official street name.  practical.  axis (Merced Street).  (5) Symbols and numeric characters may not be used. "Diamonds and Roses" or "Brick or Tile").  (6) Conjunctions may not be used as part of a street name. (Example: (7) Each name shall be of the commonly accepted spelling, according to a  standard dictionary. (8) Street segments:  () Where a through street makes a distinguishable change in direction and cannot be considered curvilinear, a separate name for each () Where there is more than one access point from different streets to a circular loop street, only one access point may be designated as circle. It is preferable to separately name each directional segment (ii) No street name may connect into any other street sO as to create more than one intersection of the same named street. (i) Names of similar pronunciation and/or spelling (Example: Foxglove Avenue and Foxclove Lane, or Briar Lane and Brier Drive). () Duplication of an existing street name or a very similar name, unless the new street is a continuation of the existing street. Street segments are considered continuous only where there is less than a (ii) Variation of the same name with a different suffix (Example: Alder Avenue, Alder Lane, Alder Drive). An exception to this is a court located off of the same street (Example: Pine Avenue, Pine Court). (iv) Names that sound similar to nearby communities, unless the extension of an existing street. (Example: Fresno, Selma, Kingsburg,  direction must be assigned.  of a circular or loop road.  (9) The following are not permitted:  250 foot centerline alignment offset.  Parlier)    (b) Street suffix designations. Each new street shall have one of the following  acceptable street suffix (or type) designations: Suffix Designation Description  Alley Avenue Boulevard Circle Court Drive Lane Loop Parkway Place Plaza Road Street Terrace Trail Way  Anarrow street for serving rear of lots North- South direction street North- South direction, an arterial street Loop, looping, a circular Street Cul-de-sac An meandering street Am meandering street An arterial street or an expressway Ashort connecting street A'short street with plaza An arterial or collector street East West direction street Private street in a condominium complex Aj pedestrian or bikeway path A short connecting street  Ac circumferential way, a street that returns into itself  7-5.05Existing Streets  (a) Purpose. This section establishes a process for considering a request to rename a public or private street within the City limits from a member of the public. The City may, in its discretion, change the name of a street by City Council resolution following some public outreach, such as a public hearing or public notice in order (b) Standards. In addition to the standards set forth in Sections 7-5.03 and 7-5.04, the  to correct a misspelling or clerical oversights. following factors will be considered:  (1) The number of businesses and/or residents directly affected. (2) The number of businesses and/or residents indirectly affected, including those whose address is on a street accessed or served by the street under  consideration.  (3) Compatibility with existing street names.  (4) The costs of change to the City and the other affected properties. (5) Whether an action to approve the renaming might establish a desirable or (6) The effect of a rename request on the public's general connection with (7) The alternative of renaming sections of the proposed street and how the length of the street sections may affect the continuity of the street.  undesirable precedent. existing name.    7-5.06Honorary Street Dedication  (a) Purpose. Iti is hereby found and determined that the creation of an honorary street naming dedication program enables the City to commemorate individuals and events that have made significant contributions to the community and humanity without imposing substantial burdens associated with modification to the official street map of the City. These honorary street names do not replace the official street name or require re-addressing of (b) Application and Approval Process. The procedures set forth in subdivision (c) of Section 7-5.03 of this Chapter shall be used for establishing an honorary name. The application submitted shall indicate that the request is to establish an honorary street name and identify the street or portion (c) Signage. In order to provide for consistency in naming of streets and to promote safety of the community, all honorary street dedication signs must (1) Honorary street dedication signs must be mounted in a way that distinguishes them and does not distract from the primary street sign. (ii) In a way that is otherwise clearly distinguishable from the (2) Honorary street dedication signs shall have a distinct design and be ina a contrasting color to distinguish them from primary street name signs, as approved by the City. This official design shall be used for alll honorary street dedication signs. Honorary street dedication signs  the street.  thereof that shall be sO designated. conform to the following criteria:  These honorary signs may therefore be mounted: (i) Above or below the primary street sign;  primary street sign.  must include the word "Honorary."  7-5.07 Other Facilities  (a) The default name for a Fire Station shall be number-based. For example, the second Fire Station in the City of Fowler shall be named "Fire Station (b) The default name for a Police Station shall be based on its directional relationship to the police headquarters. For example, a Police Station east (c) The default name for a' Well, Pump or Lift Station shall be number-based. (d) The default name for an alley shall be based on block number and the two streets it is adjacent to. For example, the "200 block 5th/6th Street Alley."  No. 2".  of City Hall would be named "East Police Station".    SECTION 2. The City Council has determined that California Environmental Quality Act ("CEQA')review is not required for this Ordinance as it has been determined to not be a "project" as defined by Public Resource Code section 21065 and CEQA Guidelines Section 15378 because adoption of this Ordinance will not cause a direct or indirect SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days afteri its adoption. Ifa summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the The foregoing ordinance was introduced at a regular meeting of the City Council held on  change in the environment.  City Attorney.  2021, and was adopted at a regular meeting of said Council  held on AYES: NOES: ABSENT: ABSTAIN:  2021, by the following vote, to wit:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    ITEM  7Bi  FOWLER CITY COUNCIL  1908  ITEM NO: 7-Bi  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  Dario Dominguez, Public Works Director  Public Hearing to CONSIDER Introduction of a City Council Ordinance No. 2021-05 adding Article 5 to the existing Chapter 2, Title 6, of the Fowler Municipal Code for Organic Waste Collection and  Disposal.  RECOMMENDATION  Introduce an ordinance adding Article 5 to the existing Chapter 2, Title 6, which will bring the Fowler Municipal Code (Code) for Organic Waste Collection and Disposal. The proposed ordinance will bring the Code into compliance with new organic waste collection and edible food recovery requirements of  Senate Bill (SB) 1383and implementing regulations.  BACKGROUND  Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) codifies the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, as it relates to reduction in the emissions of short- lived climate pollutants such as methane from solid wastes. SB 1383 final regulations were approved SB 1383 is the most significant waste reduction mandate the State of California has adopted in the last 30 years. It requires the State to reduce organic waste by 75% by 2025, which equates to over 20 million tons annually. The law also requires the State to increase edible food recovery by 20%. Since the law establishes statewide targets, a prescriptive approach to compliance is being used. This is very different from AB 939 (Integrated Waste Management Act), which set jurisdictional waste diversion mandates and allowed local governments to develop their own programs for reaching compliance. Mandatory Commercial Recycling (AB 341, Chesbro, Chapter 476, Statutes of 2011) and Mandatory Commercial Organics Recycling (AB 1826, Chesbro, Chapter 727, Statutes of 2014) are incorporated into SB 1383 regulations. Both these mandates (AB 341 and AB 1826) make local jurisdictions ultimately responsible for ensuring 100% compliance. SB 1383 further stipulates the  by the Office of Administrative Law on November 3, 2020.    implementation of residential organic waste recycling programs and makes local jurisdictions directly  responsible for the following actions, starting on January 1, 2022:  Providing organic waste collection to all mandated residents and businesses. Performing capacity planning covering 15 years for organic waste diversion from Procuring recycled organic waste products (i.e., compost, mulch, and renewable Establishing (via ordinance and otherwise) all required enforcement protocols that include  Establishing an edible food recovery program. Conducting outreach and education to all affected parties.  landfills. Route monitoring  natural gas) at levels to be prescribed by the State annually. as schedule of fines for non-compliant entities.  Failure by the City to enact and undertake all applicable SB 1383 responsibilities will result in the City being deemed non-compliant by Cal Recycle. Jurisdictions that are in violation of SB 1383 may be subject to fines of up to $10,000 per day. Senate Bill 619 recently clarified that 2022 and 2023 will be a "non-adversarial" period where the State will only provide guidance and technical assistance; non- Chapter 2, Title 6 of the Fowler Municipal Code addresses the collection, transportation, diversion, and disposal of solid waste and recyclable commodities. This Chapter of the Code was last revised in July 1987. In order to comply with the requirement set forth by SB 1383, staff is proposing adding Article 5,  compliant entities will be subject to State fines beginning on January 1, 2024.  to the existing Chapter 2, Title 6 of the Fowler Municipal Code.  Addition of Article 5 of Chapter 2, Title6  City staff reviewed the current Code and drafted a series of revisions to bring the Code into compliance with SB 1383. While the proposed revisions are broad, the most impactful elements of the ordinance will require all waste generators that exceed 2.0 cubic yards of solid waste (total trash, recyclables, and organics) per week to arrange for and participate in source-separated organics collection. At the present time, approximately 215 solid waste accounts meet this threshold citywide. This number includes 11 of the City's multifamily residential complexes. Many of these solid waste accounts are already compliant with SB 1383 organics collection requirements due to a similar threshold required by In addition, the revised ordinance will require major producers of edible food waste to enroll in an edible food waste recovery program. Tier 1 generators (including supermarkets, large grocery stores and those with ai floor area larger than 10,000 sq. ft.) Some of the City's markets have their own edible food These requirements are anticipated to carry a fiscal impact for subscribers to the City's solid waste services (currently provided through a franchise agreement with Waste Management). Inorder to help mitigate these impacts, the City will work towards a proposed ordinance that will include a structure to allow for a waiver based on requirements set by CalRecycle for qualifying customers. The City has already worked with Waste Management to create a waiver outlining requirements to identify eligibility  AB 1826.  waste backhauling programs already in place.  and an application process for customers.    By adopting this ordinance now, City Council will afford City and Waste Management staff time to conduct additional outreach to affected entities and move the City toward compliance with SB 1383  before the City must take State mandated enforcement steps.  ENVIRONMENTAL REVIEW  The proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15061 (b)(3), it can be seen with certainty that the organic waste program established by SB 1383 and provided for in the proposed ordinance will not have a significant effect on the environment. Further, enacting the ordinance constitutes an action by ar regulatory agency for the protection of the environment, which is categorically exempt pursuant to  CEQA Guidelines section 15308 (Class 8).  FISCAL IMPACT  This addition of Article 5 to Chapter 2, Title 6 of the Code will have a negligible fiscal impact on the  City.  Attachment 1: City Council Ordinance No. 2021-05    ORDINANCE 2021-05  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER ADDING ARTICLE 5 OF CHAPTER 2 OF TITLE 6TO THE FOWLER MUNICIPAL CODE FOR THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:  THE COLLECTION AND DISPOSAL OF ORGANIC WASTE  SECTION 1. Article 5, of Chapter 2, of Title 6 of the Fowler Municipal Code is hereby  added to read as follows:  Article 5  ORGANIC WASTE COLLECTION  6-2.500 - Findings and Intent.  A. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, through regulations adopted by the California Department of Resources, Recycling and Recovery ("CalRecycle") imposes requirements on multiple entities, including public entities, residential households, commercial businesses and business owners, and others, to support achievement of statewide organic waste disposal reduction targets.  B. The final regulations implementing SB 1383 ("SB 1383 Regulations") were C. SB 1383 Regulations require the City to adopt an enforceable ordinance or similarly enforceable mechanisms to implement relevant provisions of SB 1383  adopted by CalRecycle in November 2020.  Regulations.  D. This Article is intended to comply with applicable requirements of the SB 1383 Regulations. The program established by this Article shall operate in conjunction  with the other programs implemented by this Chapter.  6-2.501 - Definitions  The following definitions shall be utilized for purposes of implementation of this Article. In addition, the definitions set forth elsewhere in this Chapter shall be applied to this Article. Where a definition is included in the SB 1383 Regulations, that definition shall be utilized unless otherwise included ini this Article, in which case the definition set forth herein shall  prevail.    a) "CalRecycle" means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing,  implementing, and enforcing SB 1383 Regulations.  b) "Commercial Edible Food Generator" means a Business that generates Edible "Commercial Organic Waste Generator" means a Business that serves food or beverages on its premises for immediate consumption, but does not generate  Food that would otherwise be disposed.  Edible Food.  d) "Edible Food" means food intended for human consumption.  e) "Edible Food Recovery" means the recovery of food from Tier 1 or Tier 2 edible food generators, for recovery and reuse consistent with food safety requirement of "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not (1) A food bank as defined in Section 113783 of the Health and Safety (2) A nonprofit charitable organization as defined in Section 113841 of the (3) A nonprofit charitable temporary food facility as defined in Section  the California Retail Food Code.  limited to:  Code;  Health and Safety code; and, 113842 of the Health and Safety Code.  g) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, h) "Food Waste" means compostable Organics, excluding Green Waste, that will readily decompose and/or putrefy, including, but not limited to: (i) all food (including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells); and (i) tea bags and coffee grounds. Food Waste may include compostable paper and plastic if accepted by the processing facility.  Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).    "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other "Inspection" means a site visit where City reviews records, containers, and a Businesses handling of Organic Waste or Edible Food, and related education and recordkeeping, to determine if it is complying with requirements set forth in this k) "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average ofmorei than 2,000 individuals per day of operation oft the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility, including, but not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, ZOO, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large m) "Organic Waste" means Food' Waste, Green Waste, landscape and pruning waste, n) "Organic Waste Generator" means a person or entity that is responsible for the o) "Recovered Organic Waste Products" means products made from California, landfil-diverted recovered Organic Waste processed in a permitted or otherwise p) "Residential" means properties utilized for full-time human habitation, including single-family properties and multi-family properties with four (4) or less dwelling q) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Heaith and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce  than construction activities.  ordinance.  being used for an event.  Venues in the site, is a single Large Venue. and nonhazardous wood waste. initial creation of Organic Waste.  authorized facility  units.    emissions of short-lived climate pollutants as amended, supplemented, "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR s) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food  superseded, and replaced from time to time.  and2 27CCR.  Generator that is any of the following: (1) Supermarket. square feet. (3) Food Service Provider. (4) Food Distributor. (5) Wholesale Food Vendor. Generator that is any of the following:  (2) Grocery Store with a total facility size equal to or greater than 10,000  t) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food (1) Restaurant with 250 or more seats, or a total facility size equal to or (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.  greater than 5,000 square feet.  (4) Large Venue. (5) Large Event.  6-2.502- Authorization  The City Manager, or designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement this Article and relevant provisions of SB 1383 Regulations and in sO doing may utilize City personnel.  6-2.503 - Non- Delegable Responsibilities following determinations, programs or activities:  The City Manager, or designee, shall have sole responsibility for and may undertake the a) Determining the compliance approach to be used by the City, either the collection service (standard) approach or the performance-based approach, as those are b) Granting of waivers from SB 1383 requirements to an Organic Waste Generator.  described in the SB 1383 Regulations.    c) Applying for waivers from SB 1383 requirements granted by CalRecycle. d) Applying for waivers from SB 1383 requirements granted by CalRecycle in the e) Regulating Collection Service Operators, Contract Agents, and Self-Haulers for Initiating and prosecuting enforcement actions against Organic Waste Generators for violation of this ordinance, including the determination and assessment of g) Undertaking Organic' Waste capacity planning, and Edible Food Recovery capacity h) Maintaining and submitting records and reports required by the SB 1383  event of emergencies or disasters.  their compliance with relevant SB 1383 Regulations.  penalties. planning. Regulations.  6-2.504 - Delegable Responsibilities  The City Manager, or designee, may undertake programs or activities implementing relevant provisions of SB 1383 Regulations, and in sO doing may utilize a Collection Service Operator or Contract Agent to implement this Article, including, but not limited to, a) Providing for collection of Organic Waste utilizing a container collection system, in conjunction with other City programs for collection of solid waste and recyclable materials, and delivery of collected Organic Waste to an appropriate facility for b) Minimizing container contamination through public education and periodic c) Review, analysis, recommendation and tracking related to waiver requests from d) Providing for container colors and labels in accordance with SB 1383 Regulations.  the following:  recovery in accordance with SB 1383 Regulations.  monitoring of container contents.  SB 1383 requirements submitted by Organic Waste Generators.  e) Providing for operations in the event of emergencies or disasters.  f) Identifying Commercial Organic Waste Generators and Commercial Edible Food Generators and providingeducation and outreach regarding SB 1383 Regulations. g) Arranging for recovery of Edible Food from Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators through, among other means, a Food Recovery Organization or Food Recovery Service.    h) Recovery of Organic Waste generated at Large Events or Large Venues.  Providing information to assist with Organic Waste capacity planning, and Edible  Food Recovery capacity planning. Procuring recovered Organic Waste products.  k) Providing periodic inspections of Organic Waste Generators and investigation of complaints, and creation and maintenance of records regarding such activities. Providing information and other data for purposes of tracking, recordkeeping and  reporting in accordance with SB 1383 Regulations.  6-2.505 - Generator Requirements  Owners of Residential or Commercial properties, and other persons utilizing such properties, that are Organic Waste Generators must subscribe and pay for collection service for Organic Waste, unless waived by the City, or the Organic Waste Generator self-hauls such materials. Owners of such properties are responsible for any failure to subscribe and pay for such service, or to undertake other allowable methods of diversion.  6-2.506 -S Self-Hauling  a) Nothing in this Article shall preclude any Organic Waste Generator from self- hauling Organic Waste generated by that Organic Waste Generator to a specified composting facility, community composting program, or other collection activity or program. An Organic Waste Generator may transport Organic Waste, rather than hiring the Contract Agent or a Collection Service Operator, only if the Organic Waste Generator completes its activity by using a vehicle owned by that Organic Waste Generator and operated by the Organic Waste Generator or an employee or volunteer of the Organic Waste Generator. This self-haul exemption does not include contracting for or hiring a third party to transport the Organic Waste. A self- hauler must retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this Article or any other applicable law or regulation. The self-hauling form shall be made available to the City upon request. At a minimum, the self-hauler shall provide the following information on the self- (1) The name, address and telephone number of the self-hauler's (2) A list of the types of Organic Waste (e.g. Food Waste or Green Waste) that  hauling form:  representative that will be signing the self-hauling form.  are being transported.    (3) For each type of Organic Waste, the amount (pounds/tons) that is being delivered to the specified composting facility, community composting program, or other collection activity or program on a quarterly basis. Documentation of Organic Waste disposal shall be provided in receipts (4) The name and address of the composting facility, community composting (5)A written statement, signed by the self-hauler or representative, certifying that the self-hauler is in compliance with the requirements of this Section 6-  obtained from the receiving facility or program. program, or other collection activity or program.  2.506.  b) The City Manager may restrict or prohibit self-hauling by an Organic Waste Generator if the City Manager determines, after providing notice and an opportunity forahearing, that the Organic' Waste Generator's self-hauling activities violate the provisions of this Article or any other applicable law or regulation. 6-2.507 - Commercial Business and Commercial Organic Waste Generator (a) Commercial Organic Waste Generators shall provide containers for the collection of Organic Waste in all areas where containers for solid waste are provided for (b) Commercial Organic Waste Generators shall annually provide information to employees, contractors, tenants, and customers about Organic Waste recovery requirements 'and about proper sorting of Organic Waste, and for new tenants (c) Businesses shall provide or arrange for access to their properties at reasonable times for inspections, provided, however, that nothing is intended to permit an  Requirements  customers, except in restrooms.  within fourteen (14) days of occupation of premises.  inspector to enter the interior of a private residential property. 6-2.508 - Commercial Edible Food Generator Requirements  (a) Tier One Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2022. Tier two Commercial Edible Food Generators shall comply with the requirements of this section commencing (b) Commercial Edible Food Generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed. A Commercial Edible Food Generator shall comply with the requirements of this section through a  January 1, 2024.  contract or written agreement with any or all of the following:    (1) Food Recovery Organizations or Food Recovery Services that will collect their (2) Food Recovery Organizations that will accept the edible food that the Commercial Edible Food Generator self-hauls to the Food Recovery  edible food for food recovery.  Organization for food recovery.  (c) A Large Venue or Large Event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of this section. (d)A Commercial Edible Food Generator subject to the requirements in this section (1)A list of each Food Recovery Organization or Food Recovery Service that collects or receives its edible food pursuant to a contract or written agreement. (2)A copy of contracts or written agreements between the Commercial Edible Food Generator and al Food Recovery Organization or Food Recovery Service. (3)A record of the following for each Food Recovery Organization or Food Recovery Service that the Commercial Edible Food Generator has a contract (A) The name, address and contact information of the service or (B) The types of food that will be collected by or self-hauled to the service (C) The established frequency that food will be collected or self-hauled. (D) The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per  shall keep a record that includes the following:  or written agreement with): organization. oro organization.  month.  6-2.509 - Enforcement  Enforcement of this Article shall be pursuant to Article 4 of this Chapter.  SECTION 2.  The proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15061 (b)(3), it can be seen with certainty that the organic waste program established by SB 1383 and provided for in    the proposed ordinance will not have a significant effect on the environment. Further, enacting the ordinance constitutes an action by a regulatory agency for the protection of the environment, which is categoricalyexemptpursuant to the Class 8 (CEQAGuidelines  section 15308).  SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.  SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. Ifasummary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the The foregoing ordinance was introduced at a regular meeting of the City Council held on  City Attorney.  2021, and was adopted at a regular meeting of said Council  held on AYES: NOES: ABSENT: ABSTAIN:  2021, by the following vote, to wit:  ATTEST:  David Cardenas, Mayor  Angela Vasquez, Deputy City Clerk    ITEM  7Bii  FOWLER CITY COUNCIL  1908  ITEM NO: 7-Bii  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  David Peters, City Engineer  Consider Awarding the contract for Water Meter Procurement to Ferguson Waterworks and authorize staff to enter into an agreement with Ferguson Waterworks in the amount of  $442,819.91. RECOMMENDATION  Staff recommend the City Council award the contract for Water Meter Procurement to Ferguson Waterworks and authorize the City Manager or her designee to enter into an agreement with  Ferguson Waterworks in the amount of $442,819.91.  BACKGROUND  On October 12, 2021, the City received one responsive bid for Water Meter Procurement. The purchase is associated the City-Wide Water Meter Replacement Project to replace 1,050 water meters within the City with new remote read meters. The Water Meter Procurement contract is for the purchase of 1,050 water meters and a data collection device which will be stored and delivered to the City in five bulk loads of 200 meters at intervals coinciding with field installation. One bid was received due to the specifying of a specific meter compatible with the City's water system. Substitutions for the specified meter was not allowed in the bid specifications. Ferguson Waterworks submitted the low bid in the amount of $442,819.91. Ferguson Waterworks is located in Bakersfield, California and has provided materials to the City on various occasions in the  past.  Attached is the summary of the one responsive bid received.  FISCAL IMPACT  This project will be financed by the American Rescue Plan Act (ARPA) funds which were  allocated towards the project on the August 17, 2021 Council meeting.    ATTACHMENTS  Bid Summary Agreement        AGREEMENT  THIS AGREEMENT made at Fowler, in Fresno County, California, by and between Ferguson Waterworks hereinafter called the Vendor, and the City of Fowler hereinafter called the Owner. WITNESSETH: That the Vendor and the Owner, for the consideration hereinafter named, agree as ARTICLE I. The Vendor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from all liens and claims of mechanics, materialmen, teamsters, artisans, mcdhnatg.mdlabyrmguird  follows:  for:  WATER METER PROCUREMENT  all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, ARTICLE I. The Vendor and the Owner agree that the Advertisement, the Wage Scale (Prevailing Wages), the! Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement, form the contract, and All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict withi this contractshall be deemedapartofthe: specifications as though fully therein set forth. No part of said Special Provisions which conflicts with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but ARTICLE III. The Owner agrees to payt the Vendori in current funds for the performance of the contract sum of Four Hundred Forty Two Thousand Eight Hundred Nineteen Dollars and Ninety One Cents ($442,819.91) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Vendor's Proposal hereto attached. Payments on account thereof will be made as set forth in the Special Provisions. ARTICLEIV. Ifthe Vendor should be adjudged al bankrupt, or if he should make a general assignment for the benefit of his creditors, or ifa receiver should be appointed on account of hisi insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Vendor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the Ini the event of any suchi termination, the Owner shall immediately serve written notice thereof upon the surety and the Vendor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the  and other contract documents relating thereto.  they are as fully a part of the contractai if hereto attached or herein repeated.  shall be utterly null and void.  contract shall, upon the expiration of said five days, cease and terminate.    work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense oft the Vendor, and the Vendor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for sO doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Vendor as may be on the site of the work and necessary therefor. Insuch case the Vendor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation fora additional managerialand: administrative services, such excess shall be paid to the Vendor. Ifsuch expense shall exceed such unpaid balance, the Vendor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage incurred through the Vendor's ARTICLE V. With respect to any work required to be done under this contract, the Vendor will indemnify and hold harmless the Citys ofFowler, PetersE Engineering Group, and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes ofaction, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Vendor, his subcontractor or anyone directly or indirectly employed by him; and the Vendor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officersa and employeeson: any such claim, demand or cause of action, and the Vendor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any such suit, action or other legal The Vendor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Vendor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as  default, shall be certified by the Engineer.  proceedings.  follows:  a. Bodily Injury Liability Property Damage Liability  $1,000,000 Each person $1,000,000 Each person  $1,000,000 Each occurrence $1,000,000 Aggregate  b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:  $1,000,000, Each occurrence, $1,000,000, Aggregate  Vendor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain The Certificate of Insurance shall further provide ten days notice of cancellation or reduction in An additional Insured Endorsement to the Vendor's Liability insurance policy! naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and  the so-called "x", "c" or' "u" exclusions. coverage shall be given the Owner.  employees of the above, shall also bet furnished in triplicate.    ARTICLE VI. Vendor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions ofs said Code. Vendor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. IfVendor self-insures Worker's Compensation, Certificate of Consent to Self- ARTICLE VI. Payment bonds nor Labor and Materials bonds are required for this contact. ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, includinga anaction pursuant to Public Contract Code! Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be  insure shall be provided the Owner.  documented and processed on the standard change order form. IN WITNESS WHEREOF, they have executed this Agreement this  day of November 2021.  Cityof Fowler (Owner) By:. ATTEST:  Ferguson Waterworks (Vendor)  Wilma Quan, City Manager  (Taxpayer Federal1.D. No.)  By:. Title  Angela Vasquez, Deputy City Clerk    ITEM  7Biii  FOWLER CITY COUNCIL  1908  ITEM NO:  7-Biii  REPORT TO THE CITY COUNCIL  November 2, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to Water Meter Installation Component of the City-Wide Water Meter  Replacement Project.  1. Consider Approval of Budget Amendment Resolution No. 2524 to appropriate $165,548.00 inA ARPA Funds for the water meter installation component of the City-Wide Water Meter 2. Consider Awarding the contract for the water meter installation component of the City- Wide Water Meter Replacement Project to R. L. Friend Construction, Inc. and authorize the City Manager or her designee to enter into an agreement with R. L. Friend  Replacement Project for FY 2021-22.  Construction, Inc. in the amount of $165,548.00.  RECOMMENDATION  Staff recommend the City Council approve proposed Budget Amendment Resolution No. 2524 to appropriate $165,548.00 in ARPA Funds for the water meter installation component of the City-Wide Water Meter Replacement Project for FY2021-22. Staff further recommend the City Council award the contract for the water meter installation component of the City-Wide Water Meter Replaçement Project to R. L. Friend Construction, Inc. ini the amount not to exceed (NTE)$165,548.00, and authorize the City Manager or her designee to execute the agreement on behalf of the City.  BACKGROUND  On October 12, 2021, the City received three responsive bids for the water meter installation work associated with the City-Wide Water Meter Replacement Project ("Project"). The Project proposes to replace 1,050 water meters within the City with new remote read meters. Given the current critical situation with the existing water meters it is imperative in moving forward with this project. The meters were procured through a separate solicitation and will be furnished to the Contractor by the City. The bids received ranged from $165,548 to $315,450. The Engineer's Estimate for the project was  $200,000.    R.L. Friend Construction, Inc. submitted the low bid in the amount of $165,548.00. R. L. Friend Construction, Inc. is based in Merced, California and has a current and active Class A General  Engineering contractor's license ini the State of California. Attached is the summary of the three responsive bids received.  FISCAL IMPACT  The Finance Director has confirmed that there are sufficient American Rescue Plan Act (ARPA)  funds to cover the not to exceed $165,548.00 amount for the Project.  ATTACHMENTS  Bid Summary Resolution No. 2524 Agreement  Request for Budget Amendment Resolution 2524    3 E3 9 88  10    RESOLUTION NO. 2524  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR WATER METER INSTALLATION FOR THE CITY-WIDE WATER METER REPLACEMENT PROJECT FOR WHEREAS, the FY 2021/2022 Annual Budget reflects the City of Fowler's ("City") WHEREAS, the FY 2021/2022 Annual Budget was approved by the City Council on June 15, 2021, by Resolution 2504, and any subsequent amendments must be approved by WHEREAS, the City intends to contract for water meter installation services in WHEREAS, the budget amendment request attached hereto specifies the details of the proposed budget amendment for ARPA Fund appropriation for water meter installation. NOW, THEREFORE, BE ITI RESOLVED, the Fowler City Council hereby resolves that the FY2021/2022 budget be amended to reflect ARPAFund appropriations for the water meter installation component of the City-Wide Water Meter Replacement Project as PASSED, APPROVED AND ADOPTED this 2nd day of November 2021, at a regular  FISCAL YEAR 2021/2022  ongoing commitment to providing core services; and  Resolution; and  connection with the City-Wide Water Meter Replacement Project; and  described in the attachment hereto.  meeting of the Fowler City Council by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    REQUEST FOR BUDGET AMENDMENT  Resolution 2524  Requested by: Margarita Moreno Account Numbers: Revenues: 212 Appropriations: 212.5715  Budget Amounts Increase  Fund Name Description ARPAFUND  Decrease $165,548  Water Meter Installation  $165,548  Reason(s) for Budget Amendment:  To align the expenses to the FY2021/2022 budget, staff is requesting budget amendments to the following fund for water  meter installation services for financial reporting FY21-22.  Department Director B Approval Required Budget Amendment:  Date lo-28-21  Finance Director Apehe- Date la2sl20z  Signature  City Manager  Date [Denied Date  Signature  City Council: DApproved DResolution #_    AGREEMENT  THIS AGREEMENT made at Fowler, in Fresno County, California, by and between R.L. Friend Construction Inc. hereinafter called the Contractor, and the City of Fowler hereinafter called the WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree ARTICLEI. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and  Owner. as follows:  laborers required for:  CITY-WIDE WATER METER REPLACEMENT PROJECT  all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, ARTICLEII. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the! Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement, form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated. All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemedap part of the specifications as though fully therein set forth. No part of said Special Provisions which conflicts with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of One Hundred Sixty Five Thousand Five Hundred Forty Eight Dollars and No Cents ($165,548.00) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made as set forth in the Special Provisions. ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or ifa receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedlyrefuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate. In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that ift the surety within ten (10) days after the serving upon it of notice  and other contract documents relating thereto.  shall be utterly null and void.    of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may! be on the site ofthe work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage ARTICLE V. With respect to any work required to be done under this contract, the Contractor will indemnify and hold! Iharmless the City of Fowler, Peters Engineering Group, and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes of action, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, his subcontractor or anyone directly or indirectly employed by him; and the Contractor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any: such suit, action or The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either  incurred through the Contractor's default, shall be certified by the Engineer.  other legal proceedings.  (a.)or(b.) as follows: a. Bodily Injury Liability Property Damage Liability  $1,000,000 Each person $1,000,000 Each person  $1,000,000 Each occurrence $1,000,000 Aggregate  b. Asingle limit for Bodily Injury Liability and Property Damage Liability combined of:  $1,000,000, Each occurrence, $1,000,000, Aggregate  Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not The Certificate of Insurance shall further provide ten days notice of cancellation or reduction in An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and  contain the so-called' Cor'v'exdlusions. coverage shall be given the Owner.  employees of the above, shall also be furnished in triplicate.    ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions ofsaid Code. Contractor shall supply the Owner with certificates ofi insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of1 the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be  Self-insure shall be provided the Owner.  form prescribed by law.  bond, the surety will payareasonable attorney's fee to be fixed by the court.  documented and processed on the standard change order form. IN WITNESS WHEREOF, they have executed this Agreement this  day of November 2021.  CityofFowler (Owner) By:. ATTEST:  R.L. Friend Construction Inc. (Contractor)  Wilma Quan, City Manager  (Taxpayer Federall I.D. No.)  By:. Title  Angela Vasquez, Deputy City Clerk