Ceres City Council
August 22, 2022

AG
ENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Monday, August 22, 2022 – 6:00 p.m.

M
ailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Ma
yor Lopez

ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Vacant (District 2); Mike Kline (District 4) NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2022-94 , AND THE FEDERAL AMERICANS WITH DISABI LITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Clic
k this link to join the webinar:
https://us02web.zoom.us/j/86513122822?pwd=UzBQNDdwaWNpUHJubUk2WitzVFQ3dz09 W
ebinar ID: 865 1312 2822; Passcode: 656285; or Dial: (669) 900-6833

REMOTE PUBLIC COMME NT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM T HE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] AGENDA
Regular City Council Meeting
August 22, 2022

INVOCATION
I
nvocation by Pastor Chris Henry, Valley Christian Center

PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS
A. C
ouncil Designation of a Voting Delegate to Represent the City of Ceres at the League of California Cities’ Conference 2022 Annual Conference. (Terrazas) B. C
onfirm the Interview Process and Appoint Three (3) Members to the Measure “H” Citizens’ Oversight Committee. (Terrazas)

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. C
lerks Report of Posting. The Agenda of the August 22, 2022 City Council Meeting was Posted on Wednesday, August 17, 2022. (City Clerk)

2. W
aive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive Reading in Full of all Ordinances and Resolutions on the Agenda and Declare that Said Titles which Appear on the Public Agenda shall be Determined to have been Read by Title). (City Clerk)

3. A
pproval of Minutes
a. Minutes of August 8, 2022 Regular City Council Meeting. (City Clerk) AGENDA
Regular City Council Meeting
August 22, 2022

4. Resolution No. 2022-105, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assem bly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)

5. Register of Audited Demand(s) Dated August 3, 2022 through August 10, 2022. (Dias)

6. General Correspondence – Information Only
a. Public Works Monthly Report for July 2022. (Royal)

7. Resolution No. 2022-1 06, Approving a Two (2) Year Agreement between the Ceres Youth Soccer Or ganization (CYSO) and the City of Ceres for Use of the Ceres River Bluff Regional Park (CRB RP) and Authorize the City Manager to Execute the Agreement. (Chavez)

8. Resolution No. 2022-1 07, Authorizing the City Manager to Approve a P urchase Order and Authorizing a 10% Contingency with Tru-Tech Roofing for the Re-Roof of Fire Station #1 in the City of Ceres. (Royal)

9. Resolution No. 2022-1 08, Authorizing the City Engineer to Execute the Agreements with the California Department of Transportation for the Smyrna Park Improvements. (Waugh)

10. Resolution No. 2022-1 09, Authorizing the City Manager to Approve Purchase Orders with Folsom Chevrolet, Nixon-E gli E quipment Company, M unicipal Maintenance Equipment, and Garton Tractor as part of the Fleet Replacem ent Program. (Royal)

11. Resolution No. 2022-1 10, Approving an Agreement with Big Valley Gr ace Community Church, Inc. for the Us e of the Ceres Community Center and Authorizing the City Manager to Execute the Agreement. (Chavez)

12. Resolution No. 2022-1 11, Approving the Use of American Rescue Plan Act (ARPA) Funds to Purchase Banners from All Star Trophies & Banners for the Active Military/Veterans Banner Program and Designating 4 th Street, 3rd Street and North Street as the Inaugural Installation Corridor and Authorizing Staff to Proceed with the Purchase. (Chavez)

13. Resolution No. 2022-1 12, A pproving the Response to the Findings and Recommendations of the Stanislaus County Civ il Grand Jury Report Titled Homelessness: The Elusive Definition of “Success” (Case #22-05GJ). (Terrazas)

14. Resolution No. 2022-1 13, Approving Fiscal Year 2021-2 022 Carryover Appropriations and Amending the 2022-2023 Budget. (Dias) AGENDA
Regular City Council Meeting
August 22, 2022

15. R
esolution No. 2022-114, Awarding the Construction Contract for Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower to Machado & Sons Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Waugh)

16. R
esolution No. 2022 -115, Authorizing Amendment No. 12 to the Agreement for Professional Consultant Services between the City of Ceres and NV5, Inc. to Increase the 95% Plans, Specifications, and Estimate Design Budget for the SR99 Service Road/Mitchell Road Interchange. (Waugh)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

17. Resolution No. 2022 -116, Authorizing the Use of American Rescue Plan Act Funds and Neighborhood Park Fees for a Public Outreach Workshop and Survey, and a Conceptual Design of Ochoa Park Improvements. (Waugh)

PUBLIC HEARING

NEW BUSINESS

18. Update on First Installment of American Rescue Plan Act (ARPA) Funding and Allocation of Second Installment of ARPA Funding. (Dias)

DISCUSSION ITEMS

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2 - City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

REPORTS
At this time, any Councilmembers or City Staff will make an announcement, or report briefly on his or her activities. • M
ayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
AGENDA
Regular City Council Meeting
August 22, 2022

CLOSED SESSION

19. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Attorney

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 12, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places noted above.

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 17, 2022, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street
• City Hall Display Case – 2720 2
nd Street
• City Hall Display Case – 2220 Magnolia Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:

Council Designation of a Voting Delegate to Represent the City of Ceres at the League of California Cities’ 2022 Annual Conference RECOMMENDED COUNCIL ACTION:

Council designation of a voting delegate to represent the City of Ceres that the League of California Cities’ 2022 Annual Conference.

I. BACKGROUND:

The League of California Cities (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.

Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents.

The League has eight standing policy committees which make recomm endations to the Board of Directors on legislation, new policy guidelines, and key issues impacting cities.

The committees are composed of elected and appointed city officials throughout the state of California.

II. REASONS FOR RECOMMENDATION:

Each y ear t he League holds an annual conference. This year’s annual conference is scheduled for September 7- 9, 2022 in Long Beach. An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes action on resolutions that establish League policy. The General Assembly Meeting is schedule for Friday, September 9, 2022. To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a voting delegate. In ITEM A
the event the designated voting delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates. The voting delegate and alternates must be registered to attend the conference. At lease one must be present at the General Assembly Meeting and in possession of the voting card to cast a vote.

III. FISCAL IMPACTS:

There is no fiscal impact associated with the recommended Council action.

IV. STEPS FOLLOWING APPROVAL:

The City Clerk will complete and submit the 2022 Annual Conference Voting Delegate/Alternate Form and forward to the League of California Cities.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Attachment 1 – Designation of Voting Delegates and Alternates

2. Attachment 2 – Annual Conference Voting Procedures

3. Attachment 3 – 2022 Annual Conference Voting Delegate/Alternate Form ITEM A
Attachment 1
ITEM A
ITEM A
Attachment 2
ITEM A
ITEM A
Attachment 3
ITEM A
ITEM A

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas, City Manager
[email protected], (209) 538-5751
SUBJECT:

Confirm the Interview Process and Appoint Three (3) Members to the Measure “H” Citizens’ Oversight Committee
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council confirm the interview process of the Measure “H” Citizens’ Oversight Committee and appoint three (3) members to the committee.

I. BACKGROUND:

The City of Ceres recently conducted a recruitment for three (3) Measure “H” Citizens’ Oversight Committee vacancies. The notice of vacancies, along with instructions on how to apply were published in the Ceres Courier. In addition, the adver tisement was posted on the City’s website and various social media platforms from various City department’s social media accounts. The final filing date was 5:00 PM on Friday, July 8, 2022. There were a total of five applications submitted.

At the July 25, 2022 council meeting, the appointment process was discussed and it was decided that Vice Mayor Silveira would serve on the interview panel with Mayor Lopez.

The appointment process is in line with past Council practice in appointing Measure “H” Citizens’ Oversight Committee members.

At the August 8, 2022 council meeting it was decided to table the appointment of the three vacancies to the Measure “H” Citizens’ Oversight Committee to ensure the pr ocess was followed correctly by only having two members of council participate in the interview process. The City Attorney has since reviewed the process and confirmed the appointment process for the Measure “H” Citizens’ Oversight Committee does not require the entire City Council conduct or participate in the interview process and that City Council shall have the authority to make the final decision on committee representation.

ITEM B
II. STEPS FOLLOWING APPROVAL:

Once appointments are made, those who are appointed shall comply with the following (within 30 days of appointment):
• File a Statement of Economic Interest (Form 700)
• Comply with AB 1234 – Ethics Code

Approved by: ______________________________
Alex Terrazas, City Manager
ITEM B

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in person)

City Council Chambers, 2701 Fourth Street
Monday, August 8, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

M
ayor Lopez called the August 8, 2022 meeting to order at 6:00 p.m.

ROLL CALL – Present:

Ma
yor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant

District 1
Councilmember
Casey
District 2
Vacant
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present -- Present Present Present

INVOCATION

Provided by Pastor Tim Giannosa, Big Valley Grace Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. A
gent Orange Awareness Day Proclamation

City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

Mayor Lopez and Councilmember Casey presented a Proclamation to Commander Yolanda Whited from the American Legion Ceres Post 491 and Commander Freddy Morales from the Ceres Veterans of Foreign Wars Post in honor of Agent Orange Awareness Day.

B. StanRTA Comprehensive Operational Analysis by Stanislaus Regional Transit Authority’s CEO, Adam Barth.

Councilmember Kline spoke regarding the direction of routes and pick up and drop off locations.

C. State Route 99 and Service Rd./Mitchell Rd. Interchange by Engineering Director, Kevin Waugh.

Vice Mayor Silveira inquired as to where the proposed funding would come from.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)

M
ike Angelo spoke regarding speeding on Northern Oak Drive, city trees and the painting of fire hydrants.

Steve Morrow, Citizen Director of the Stanislaus Regional Transit Authority Board, offered to answer any questions or concerns regarding StanRTA.

Don Goudeau spoke regarding the Eastgate Development and Ochoa Park.

John Warren thanked Council and Gene Yeakley for the Agent Orange Awaren ess Day Proclamation and Interim Public Works Director, Sam Royal, for the tree trimming along Moffett Road.

Rosalinda Vierra spoke regarding traffic near Central Valley High School and Patricia K.

Beaver Elementary School.

Gene Yeakely spoke regarding the Agent Orange Proclamation.

Dave Pratt thanked the crews that fixed the sidewalks around Neil Park.

APPOINTMENTS TO BOARDS/COMMISSIONS

D. M
easure “H” Citizens’ Oversight Committee Appointments

Mayor Lopez and Vice Mayor Silveira provided appointee recommendations based on the recently approved appointment process and requested council input.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

Councilmember Casey spoke regarding the appointment process.

City Attorney Hallinan provided clarification on the appointment process.

Mayor Lopez introduced a motion appointing Cerina Otero, Vincent Truffa and Sopheap Dong-Carreon to the Measure “H” Citizens’ Oversight Committee. Motion was seconded by Vice Mayor Silveira. No vote was taken due to the desire of Council to table the item to a future meeting.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding the appointment procedure.

John Osgood spoke regarding the section of the Municipal Code that references the

Establishment of Citizens' Oversight Committee.

Council and staff discussion included tabling this item until the next meeting, the interview and appointment process, and Measure “H” bylaws.

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

C
onsent Calendar items 7 and 8 were removed by Councilmember Kline.

Consent Calendar item 9 was removed by Ceres resident, John Osgood.

Consent Calendar item 10 was removed by Councilmember Casey.

Action: M
otion by Councilmember Kline , seconded by
Councilmember Casey, approving items 1 – 6. Motion carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes

1. Clerks Report of Posting. The agenda of the August 8, 2022 City Council meeting was posted on Wednesday, August 3, 2022. (City Clerk)

2. Waive Readings. All readings of ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

3. Approval of Minutes
a. Minutes of July 25, 2022 Regular City Council meeting. (City Clerk)

4. Register of Audited Demand(s) Dated July 20, 2022 through July 27, 2022. (Dias)

5. General Correspondence – Information Only
a. Major Project List Report (Waugh/Royal)

6. Resolution No. 2022 -100, Approving a Three- Year Operational Agreement between HAVEN (Healthy Alternatives to Violent Environments) and the Ceres Police Department and Authorizing the City Manager to Execute the Operational Agreement. (Collins)

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

10. Removed for separate consideration.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item
7: Removed for separate consideration by Councilmember Kline

Resolution No. 2022 -101, Approving the Use of American Rescue Plan Act (ARPA) Funds for Audio- Visual Upgrades to the Council Chambers and Authorizing a Budget Amendment. (City Clerk)

Councilmember Kline spoke regarding the proposed audio-visual upgrades and inquired as to whether a physical remodel of the dais would be completed in the future.

Councilmember Casey spoke regarding the need for the upgrades.

Staff provided additional information related to the staff report.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren, Rosalinda Vierra and Maria Castillo spoke regarding the importance of completing the upgrades.

Mayor Lopez closed public comment.

Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving item 7. Motion carried 4/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes

Item 8 : Removed for separate consideration by Councilmember Kline

Resolution No. 2022 -102, Authorizing the City Manager to Execute a Project Agreement to McCain Inc., for the Transparity Implementation Plan for the Engineering Services Department Traffic Management System. (Waugh)

Councilmember Kline asked for clarification on the corresponding reference number in the American Rescue Plan Act (ARPA) Spending Plan.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Action: M
otion by Councilmember Kline , seconded by
Councilmember Casey, approving item 8. Motion carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes

Item
9: Removed for separate consideration by Ceres Resident, John Osgood

Resolution No. 2022-103, Authorizing the City Manager to Approve a Purchase Order with Coastline Equipment for a Used 2019 Crane Truck Replacement Vehicle for the Wastewater Division and Approving a Budget Amendment to Appropriate Funds. (Royal)

John Osgood spoke regarding the purchase of a new vehicle versus a used one.

Council and staff discussion included the reason for the replacement of the vehicle.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving item 9. Motion carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

Yes Yes Yes Yes

Item 10 : Removed for separate consideration by Councilmember Casey

Resolution No. 2022-104, Approving an Agreement for the Exchange of Real Property and Joint Escrow Instruction with Parson Properties, LLC and Authorizing the City Manager to Execute the Agreement. (City Attorney)

Councilmember Casey spoke as to whether there were other options for acquiring the property.

Council and staff discussion included water testing, addition of tanks and filtration system, and necessary space for equipment.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving item 10. Motion carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

N
one

NEW BUSINESS

N
one

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

Ne
w Referral:
(Requested by Requested by Councilmember Kline)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

Requested staff explore options to level land west of Walmart, between Don Pedro Road and Service Road.

REPORTS

• Cit y Council

Nothing to report.

• City Manager

Nothing to report.

• Departments

Nothing to report.

• County Supervisor

Nothing to report.

CLOSED SESSION

M
ayor Lopez introduced the Closed Session items.

11. P
ublic Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Attorney

12. C
onference with Legal Counsel – Existing Litigation , Cal. Gov’t Code §54956.9(d)(1)
Name of C ase: City of Ceres vs. Erasmo and Maria Pena, Stanislaus County Superior Court Case CV-22-000383
3109 Vickinell Place, Ceres, California, Stanislaus County Assessor's Parcel Number 053-046-024
2609 10th Street, Ceres, California, Stanislaus County
Assessor's Parcel Number 127-051-027
2617 10th Street, Ceres, California, Stanislaus County
Assessor’s Parcel Number 127-051-026
1953 Hollister Street, Ceres, California, Stanislaus County Assessor’s Parcel Number 127-002-034

Mayor Lopez asked for public comment. No one spoke.

REPORT FROM CLOSED SESSION

M
ayor Lopez reported that direction was given to staff.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 8, 2022

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on August 22 , 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 8:39 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
By Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Fallon Martin, City Clerk, [email protected] SUBJECT:

Resolution 2022-105, Authorizing the City to Continue
Teleconferenced Pub lic Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resoluti on authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKG
ROUND:

Governor Gavin Newsom signed Executive Order N -15-21 cl arifying that cities may continue to meet remotely in accordance with procedures e stablished by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the r ules and pr ocedures establi shed by the previous Executive Brown Act Orders.

This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without com plying with the teleconferencing requirements imposed by the Ralph M. Brown A ct when a legislative bo dy of a local agency holds a meeting during a declared state of emerg ency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

ITEM 4

II. REASO NS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has s urged in California, the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 allows a lo cal agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting dur ing a proclaimed state of emergency, and state or local offici als have imposed or reco mmended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person w ould present imminent risks to the health or safety of attendees.
• The legislative body hold s a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under th ese circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown a ct. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the ag enda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provid es notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physi cal location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.

ITEM 4

• Stop the meeting until p ublic access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local ag ency’s control and prevents the publ ic from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the le gislative body may pr ovide that as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
• If the legisla tive b ody uses a third- party we bsite o r platform to host the teleconference, and the third- party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to contin ue using the bill’s exemption t o the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and
• Either of the following circumstances exist: The state of emergency continues to directly i mpact the ability of members to meet safely in person, or State or local officials conti nue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID -19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since Ja nuary of 2021, the C eres C ity Council meetings h ave been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361. This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now conduct the 30-day review and make the n ecessary f indings to cont inue to meet in a virt ual hybr id environment.

III. F
ISCAL IMPACTS :

ITEM 4

There is no fiscal impact.

IV. I NTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordinati on with the City Manager and City Clerk.

V. PUBL
IC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VI.

STEPS FOLLOWING APPROVAL:

If Council makes the finding that the state of emergency continues to directly impact the abil ity of m embers to meet safely in per son, and/or State or local officials continue to impose or recommend social distancing measures , the City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

Prepared by: _______________________________
Tom Hallinan, City Attorney

Submitted by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

ITEM 4

RESOLUTION NO. 2022-105

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING

ENVIRONMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to t he Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF CERES
RESOLVES AS FOLLOWS:

ITEM 4
Resolution No. 2022-105; Page 2 of 2

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 4
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM:

Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-56
17 SUBJECT: Public Works Monthly Report for July 2022

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG
ROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of July 2022.

FACILITY SERVICES:

• Completed 120 Facilities Maintenance w ork orders including 85 service r equests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs and 35 preventive maintenance services.
• Completed the installation of new gym equipment in the exercise room at the Public Safety building.
• Assisted in the set -up, event support and tear down for the Concerts in the Park series, July 5
– July 19. Provided support for three event days. The Concert in the Park series was well attended by the general public
• Assisted with SCADA improvements, troubleshooting and repairs to well controls for park’s irrigation improvements, streets’ lift stations and w ater’s wells and communications.
• Continued cleaned up of homeless debris at Independence Park and at Roeding Park.

Maintenance activities were performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, t hree (4) Custodians, with one (1) vacant Custodian.

ITEM 6a
FLEET SERVICES:

Completed 76 work orders.

○ Fleet Dept. 20
• Received new Porta-Cool shop cooler
○ Fire Dept. 15
• Replaced six tires on Westport fire engine
○ PD Dept. 10
• Received two new police Explorers
• Finished new traffic unit F150 setup, lights, siren, ballistic door panels • Finished setup of detective unit Ford Fusion, lights-siren-radio-tint • Received new portable radar units
• Two patrol units out of service pending parts on national backorder, brakes. ○ Streets Dept. 30
• Street sweeper received one new steer tire
○ Water: Dept. 35
○ Parks Dept. 40
• Ongoing electrical issue with large Toro mower fleet unable to duplicate issue (Toro replaced 24v alternator under warranty to try and resolve issue, problem remains. Mower is out of service pending computer controller replacement which are on national backorder with no estimated time of availability.) ○ WW Dept. 25
○ Facilities: Dept. 41
• Installed pull down ladder rack on facilities transit van

Emergency and non-emergency City vehicles and equipment are maintained and repaired by one (1) Supervisor, one (1) S enior Maintenance Mechanic and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 418 service requests in the following categories:

• Bike Path Repairs: 3
• City Grounds Maintenance: 29
• Park Landscape and Maintenance: 272
• Parks Landscape chemical usage: 200 gallons parks/grounds • Playground and Equipment Repairs: All parts for several playgrounds ordered 120 day plus on arrival
• Playground and Equipment Inspections: 0
• Right of Way (ROW) Irrigation Repairs: 83 sprinklers and 2 valves • Park Trees: 16 trimmed
• Tree Customer Requests (tree or limb down, trims or removals): 87 • Parks sprinklers repaired or replaced:
 Barry Grove – 0
 Costa Fields – 0
 Don Pedro – 2 vandalisms
 Independence –1 vandalism
ITEM 6a
 Neel Dog Park – 1 maintenance
 Neel Park – 4 vandalisms
 Persephone – 1 maintenance
 Redwood – 0
 Riverbluff – 2 maintenances, 1 valve
 Riverview – 2 vandalisms
 Roeding Hts. – 12 vandalisms
 Sam Ryno – 5 maintenances
 Smyrna – 2 maintenances
 Strawberry – 6 vandalism s
 Whitmore – 2 maintenances
• Parks General Maintenance/Repairs:
 Steam cleaned covered areas of River Bluff, Sam Ryno and Smyrna and 4th Street
 Added woodchips to community center and city hall
 Graffiti removal at Sam Ryno (3), Strawberry (4), River Bluff (4), Roeding (3), Neel (4), Persephone (3), Smyrna (9), Berry Grove, and Independence (2) Parks
 Total Vandalism & Repair cost is $5000.00
• Grid Prune by West Coast Arborists (WCA)
o Grid #3 2020-2021 100% - complete with 2,343 trees pruned o Gird #4 2021=2022 99% - completed with 2,450 trees pruned so far o Grid #2 2022 – 2023 started in July, 5% completed
o Grid #1 & #5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 high risk, 11 removals and 56 trims from July

Grounds

• Right of Ways (ROWs)
 Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW or boulders.  Faith Home replaced two backflows stolen , two replaced, and one stolen again
 Re-staked 12 trees along Eastgate and five trees along Fowler Road; one tree damaged by vandalism
• Lions Park
 Disced and weeded park
• Smyrna Park
 Re-staked four trees along Presidential Walkway due to vandalism • Whitmore Mansion
 Repaired two sprinklers
• River Bluff Park
 Playground area - replaced four sprinklers and capped one due to vandalism  Repaired fence six times to lower area due to fire
 Brush hogged trimmed trees lower area
 Installed no fishing sign around pond area Lower Bluff • Guillermo Ochoa Park
 Ongoing maintenance of carousel and merry-go-round
ITEM 6a
 Repaired carousel damaged by vandalism
 Removed merry-go-round wheel due to vandalism, parts arrived and to be repaired soon
 Brush hogged whole park

City Parks landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, five (5) Park Maintenance Workers, and zero (0) part -time Maintenance Worker.

SOLID WASTE & RECYCLING:

Reminder: The City’s Leaf & Limb Collection Program will resume for the season on October 1st. Until that time, any piles left out on street will be subject to violation penalties as dictated through the City’s municipal code.

• H ighlights of solid waste and recycling collection by Bertolotti for July 2022

o Residential…………………….… 1,154.74 tons
o Commercial……………………… 1,442.29 tons
o Illegal Dump……………………… 6.92 tons, 43 locations
o Bulky Items…………………….… 28.15 tons,105 locations
o Leaf/Limb (illegal) …………….… 9.85 tons
o Street Sweep………………….… 26.84 tons
o Residential Organics…………… 509.24 tons
o Commercial Organics…………. 357.55 tons
o Residential Recycle………….… 171.65 tons
o Commercial Recycle …………… 6.38 tons
o C&D ……………………………… 46.66
o Used Oil…………………………… 715 gallons
o Used Oil Filter…………...……… 80

• Public Works staff assisted with 36 illegal dump violations debris removal in July.

• CalRecycle has awarded the City of Ceres $69,946 to assist with the implementation of regulation requirements associated with SB 1383 through the SB 1383 Local Assistance Grant Program for FY 2021- 22. These funds will be utilized to fulfill the annual recovered organic waste product procurement stipulations outlined in SB 1383 that require the City to purchase back recovered organic waste products such as compost and mulch. A portion of the funding will also assist with education and outreach efforts.

Education and outreach efforts for the recent changes to the City’s solid waste collection services have included:

• Numerous phone calls and responses to individual customers via phone and email requests
• City website updates
• Landscape signs posted throughout town
ITEM 6a
• Soci al media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works important information (including the new garbage collection service)
• Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages • There have been 10 Ceres Courier articles and 3 Modesto Bee articles on the program changes
• Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
• Utility billing insert was included in the November utility billing mailer • A second utility billing insert with the garbage, organics, and recycling schedule information was included in February’s billing mailer as well as on the City’s website • A doorhanger was delivered to customers when they received their additional cart • A partnership with the Ceres Courier now provides a bi -weekly column, written by Public Works staff to provide regular updates on important information and projects affecting residents (including the changes to garbage service) • A promotional magnet with information on what material goes in each bin is being distributed with violation notices and with community outreach activities • A presentation to a local civic club was provided in November. Any further community groups interested will be accommodated as well. • Leaf and Limb Program notices were distributed to customers still placing piles for collection past the program end date by Public Works, Code Enforcement and Bertolotti employees
• Garbage cart storage violation notices were distributed to noncompliant residents to notify them of code requirements by Public Works, Code Enforcement and Bertolotti employees
Solid Waste Division work is performed by one (1) Administrative Analyst and (2) Field Service Technicians.

STREETS SERVICES:

• Staff responded to a total of 77 customer service requests • Responded to 230 Underground Service Alerts (USA) markings • Responded to 36 blight issues
• Repaired 12 streetlights
• Removed and replaced sidewalk at three locations to meet ADA requirements • The street division has been loaning out one staff member 1 -2 days per week to work on Wastewater and Parks Divisions’ SCADA issues
• Please note the Street’s D ivision has been down one staff member since January due to workers comp injury
City Streets Division maintenance is performed by one (1) Supervisor, two (2) S enior Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator.

WASTEWATER (WWTP):
• Responded to four customer service requests and 11 sewer problems during and after working hours
ITEM 6a
• Staff responded to zero Smart Cover alarms that prevented s anitary sewer overflows (SSO’s). There were (0) SSO’s in July
• Serviced or Repaired:
o Lift Stations – 9
o WWTP Equipment – 14
o Main line sewer plugs – 1
o Aerators – 0
• Staff performing weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 30,686 feet of sewer main line
• Staff CCTV inspected 5,408 feet of sewer line
• Staff continuing process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to the new SCADA system
• Staff continued working with Shawn Walker from Streets Division to retrofit and install a new irrigation pump control system and integrate it into SCADA • Staff met with the Engineering Department and contractors for planning of sewer connections at Kmart redevelopment site
• Staff assisted Streets Department with video inspection of storm line at Mauna Kia • Staff attended training:
o Crane Operator Training
o Heat Illness Prevention Training
• Staff performed pond maintenance by discing ponds
• Senior Wastewater Operator , Shawn Hess passed his crane certification testing and is now a Certified Crane Operator
• Staff sampled and delivered samples for TID Almond Power Plant Discharge Study • Staff marked 310 USA tickets, which took 44 hours; preventing contractors from damaging city sewer lines
• Turlock sewer use charges were $144,605.47 for the month of July • Modesto sewer use charges were $125,210.88 for the month of July • Biochemical Oxygen Demand (BOD) 105 mg/L
• Treated and disposed of 72.00 MG of wastewater with an average of 2.32 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) S enior Wastewater Operators, two (2) Operator II, two (2) Operator - in-Training. There are three (3) open Operator positions.

WATER SERVICES:

• July 2022 well production was 237.288 million gallons • Average water use for April 2022 was 7.654 million gallons per day • Water staff responded to 79 customer service requests • Water staff responded to 126 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,802
o Meters/radios serviced: 59
o Meters replaced: 59
ITEM 6a
o Meters upgraded from ¾”, 5/8” to 1”: 4
o N ew meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 61 were exercised • Blow-offs and hydrants flushed: 22
• Water main leaks: 0
• Service line leaks: 4
• Service lines have been replaced: 4
• Hydrants replaced: 0
• Four service lines were repaired and run
• New Cl2 line ran for well 38
• A/C was repair for the reservoir
• Ran a new line for well 34’s analyzer
• 3.1 million gallons were used to fill the surface water tank WATER CONSERVATION:

July 2022 calculated residential gallons used per person per day: 117.44 • Annual average is 88.70 gallons per person per day
• Responded to 42 water conservation service requests
• Issued courtesy notifications: 96
• Performed zero water audits
• Delivered 47 water waste warnings and four water waste fines • Rebates issued: d ishwasher = 0, smart irrigation = 0, ULF t oilets = 2, washing machine = 1, and turf replacements = 2
Total Rebates YTD: 75
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For July 2022, we had a decrease of

4.67% from the July 2020 production numbers.

ITEM 6a
Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, one (1) S enior Water Distribution Operator, nine (9) Water Distribution Operators, two (2) Field Service Technicians, one (1) part-time Water Conservationist.

Approved by: ___________________________
Alex Terrazas, City Manager
ITEM 6a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected] (209)538-5682

SUBJECT:

Resolution No. 20 22-106, Approving a Two (2) Year Agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for U se of the Ceres River Bluff Regional Park (CRBRP) and Authorize the City Manager to Execute the Agreement

RECOMMENDED COUNCIL ACTION:

Staff recommends the Council approve a two (2) year agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

I. BACKGROUND:

CYSO has provided youth the opportunity to play organized soccer in Ceres for over 30 years. Their program has improved the fitness of Ceres’ youth and allowed them to learn discipline, sportsmanship, and teamwork. Furthermore, organized soccer improves physical coordination and, in many cases, builds lasting friendships. CYSO is a nonprofit organization that relies on volunteers to serve as the Board of Directors and coaches for all teams. CYSO has worked in cooperation with the City to help maintain the soccer fields at CRBRP , upgrade some of the aging equipment at the facility, and ensure the park is kept in good condition.

The City has, for many years, assisted CYSO for the benefit of the youth in the community and seeks to continue this relationship. CYSO wishes to conduct its soccer program in Ceres through the use of facilities owned by the City. This agreement provides both parties the ability to achieve these goals. The City will receive nominal fees based on registration fees and facility-use fees, which will help offset some of the maintenance and operation costs.

II. REASONS FOR RECOMMENDATION:

ITEM 7
The previous agreement between CYSO and the City expired on May 31, 2022. This agreement will allow CYSO teams to have sole use of all soccer fields starting the 3rd Saturday of August – the 1st Saturday in November for their recreational league and priority use of two fields from January to April for the Bill Meyer Mini season and their Spring Competitive League.

The parties developed an agreement between CYSO and the City for the duration of two (2) years, wherein CYSO will remit $7 per registered player per season, $7 per hour, per field, for Recreation league teams and $15 per hour for competitive teams per field to the City to help offset part of the maintenance and operation costs at CRBRP.

III. FISCAL IMPACTS:

The revenues and expenses that pertain to this contract are included in the current budget.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

V. PUBLIC PARTICIPATION:

The Recreation Division consulted with the Public Works Department regarding maintenance issues at CRBRP during the formation of the agreement with the CYSO.

VI. STEPS FOLLOWING APPROVAL:

Following Council approval and direction, t he City Manager will execute the two (2) year agreement with CYSO.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. CYSO Agreement

3. Insurance
ITEM 7
RESOLUTION NO. 2022-106

APPROVING A TWO (2) YEAR AGREEMENT BETWEEN THE CERES

YOUTH SOCCER ORGANIZATION (CYSO) AND THE CITY OF CERES

FOR USE OF THE CERES RIVER BLUFF REGIONAL PARK (CRBRP)

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, The Ceres Youth Soccer Organization wishes to conduct a youth soccer program in the City of Ceres to serve the youth of the community through the use of Ceres River Bluff Regional Park Soccer Complex provided by the City; and

WHEREAS, The City of Ceres wishes to assist the youth soccer program sponsored by CYSO for the youth of the community; and

WHEREAS, The Ceres Youth Soccer Organization has signed an agreement with the City of Ceres to implement said youth soccer program; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a two (2) year agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for the use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
ITEM 7
ITEM 7
ITEM 7
ITEM 7
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected] (209) 538-5617

SUBJECT: Resolution No. 2022-107, Authorizing the City Manager to A pprove a Purchase Order and Authorizing a 10% Contingency with Tru -Tech Roofing for the Re-Roof of Fire Station #1 in the City of Ceres

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution authorizing the City Manager to approve a purchase order and 10% contingency with Tru -Tech Roofing for the re- roof of Fire Station #1 located at 2755 3rd Street in Ceres.

I. BACKGROUND:

Existing Fire Station #1 was constructed and open for service in 2003. The original roof has aged and started to show signs of wear and tear. Staff requested bids from local roofing contractors to include preparing the existing roofing system for re -roofing and providing and installing new roofing product with a minimum 20-year warranty period.

II. REASONS FOR RECOMMENDATION:

Staff requested bids from four (4) local roofing contractors and received two (2) proposals.

The proposal from Tru-Tech Roofing was the lowest, responsive and responsible bid in the amount of $108,800.00. A 10% contingency in the amount of $10,880.00 is necessary for unforeseen material replacement and repairs which brings the project total cost t o $119,680.00. Attached to this staff report is a memo with detailed comparison of the bid results.

III. FISCAL IMPACTS:

Roof Replacement projects for Fire Station #4, City Hall, and Legion Hall were programmed as part of the FY 2022/23 Capital Improvement Project list for a total amount of $389,667.00 in account 49995.800500. However, Fire Station #4 Roof Replacement was also included and programmed in FY 2021/22 under Facilities C onstruction & Material ITEM 8
project list for a total amount of $7,995.00 in account 67941.036400 and is currently under construction. Staff is requesting funds programmed in FY 2022/23 account 49995.800500 for Roof Replacement CIP projects in the amount of $389,667.00 be re allocated for Fire Station #1, City Hall, and Legion Hall.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Should City Council decide not to replace the roofing, the existing roof may begin to wear and rot away at structural beams which can eventually lead to roof collapse, or even compromise the integrity of the building’s structure.

VI. STEPS FOLLOWING APPROVAL:

Upon approval from Council, the Director of Finance will make the appropriate accounting entries and staff may proceed with the purchase.

Approved by: ________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2022-107

2. Professional Services Agreement

3. Bid Summary
ITEM 8
RESOLUTION NO. 2022-107

AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE
ORDER AND AUTHORIZING A 10% CONTINGENCY WITH TRU-TECH
ROOFING FOR THE RE-ROOF OF FIRE STATION #1 IN THE CITY OF CERES

THE CITY COUNCIL
City of Ceres

WHEREAS, Fire Station #1 was constructed and has been in service since 2003; and

WHEREAS, the original roofing has begun to show signs of wear and tear; and

WHEREAS, bids were requested from four (4) local roofing contractors, and two (2) bids were received; and

WHEREAS, Tru-Tech Roofing was the lowest, most responsive bidder with a bid amount of $108,800.00; and

WHEREAS, staff is requesting a 10% contingency for unforeseen material replacement which will bring the total cost to $119,680.00; and

WHEREAS, roof repair of Fire Station #4, City Hall, and Legion Hall was programmed into FY 2022/23 Capital Improvement Project budget account 49995.800500 and staff is requesting the funds be reallocated for Fire Station #1, City Hall, and Legion Hall; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a purchase order and authoriz e a 10% contingency with Tru- Tech Roofing for the re- roof of Fire Station #1 in the City of Ceres.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 22nd day of August 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Tru-Tech Roofing & Waterproofing hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 8

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ITEM 8

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective September 1, 2022 and will continue in effect until August 31, 2023, unless an additional year’s extension is agreed upon mutually or terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit A.

ITEM 8

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

ITEM 8

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

ITEM 8

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

ITEM 8

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 8

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Tru-Tech Roofing & Waterproofing Address: 1700 Reliance St.

Modesto, CA 95358
Attention: Mark Truitt
Phone: (209) 531-1956

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 8

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 8

percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 8

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in 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 without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the contract price.

CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the contract price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California and approved by the CITY.

ITEM 8

29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 8

California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

35. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ITEM 8

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2 022 Dated , 2022
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Alex Terrazas, City Manager Signature

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Tom Hallinan, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 8

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

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

ITEM 8

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 8

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 8

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 8

EXHIBIT - A
ITEM 8
ITEM 8

City of Ceres

BID SUMMARY

JOB BID: Re-roofing of Fire Station #1, 2755 3rd Street, Ceres BID DATE: July 15, 2022

BIDS RECEIVED:

COMPANY BID TOTAL

Tru-Tech Roofing
1700 Reliance Street
Modesto, CA 95358

$108,795.00

Joaquin Roofing Co.
3015 Dale Ct., Ste B
Ceres, CA 95307

$143,906.00

ITEM 8
ITEM 8

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
8/16/2022
Andreini & Company
220 West 20th Avenue
San Mateo CA 94403
650-573-1111
650-378-4361
State Compensation Ins Fund
35076
TRUTE-1
Valley Forge Insurance Company
20508
Delta Painting and Coating Inc
Dba: Tru-Tech
1700 Reliance Street
Modesto CA 95358
Transportation Insurance Co.
20494
Continental Insurance Company
35289
1232167687
B
X
1,000,000
X
100,000
15,000
1,000,000
2,000,000
X
Y
Y
7015454376
8/30/2021
10/1/2022
2,000,000
C
1,000,000
X
Y
Y
7015454426
8/30/2021
10/1/2022
D
X
X
5,000,000
7015454989
8/30/2021
10/21/2022
5,000,000
A
X
Y
914160721
10/1/2021
10/1/2022
1,000,000
1,000,000
1,000,000
RE: City of Ceres Firehouse #1 Re-Roof
The City of Ceres, it's officers, officials, employees, and volunteers are included as additional insured on a primary and non-contributory basis in regards to the General Liability and Auto Liability when required by written contract per attached endorsements. A Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation when required by written contract per attached endorsements. 30 days notice of cancellation per policy provisions
City of Ceres
2720 Second St.

Ceres CA 95307
ITEM 8
Business Auto Policy
Policy Endorsement

DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: DELTA PAINTING AND COATING INC
Endorsement Effective Date: 08/30/2021

SCHEDULE
Name Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE

WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT

TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form.

BUA 7015454426
Endorsement No: 6; Page: 1 of 1 Policy Page: 46 of 102
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CA 20 48 10 13
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright Insurance Services Office, Inc., 2011
ITEM 8
Business Auto Policy
Policy Endorsement

CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS I.

A.

1. 2.
a.
b.
(1)
(2)

3. 4.

1. 2.

B.

1. 2.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

LIABILITY COVERAGE
Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage.

Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.

The insurance afforded by this provision A.2.:

Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.

Does not apply to:

Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
Any such organization that is an insured under any other liability "policy" providing auto coverage.

Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.

An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:

Which are no longer in force; or
Whose limits have been exhausted.

Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:

In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.

BUA 7015454426
Endorsement No: 13; Page: 1 of 4 Policy Page: 60 of 102 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA63359XX (04-2012)
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

ITEM 8
Business Auto Policy
Policy Endorsement
C.

II.

A.

B.
a.
b.

C.
a.

D.
a.
b.
c.
d.
e.
(1)
(2)
E.

Fellow Employee
Section II, Paragraph B.5 does not apply.

Such coverage as is afforded by this provision C. is excess over any other collectible insurance.

PHYSICAL DAMAGE COVERAGE
Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.:

With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.

Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
$60 per day, in lieu of $20; subject to
$1,800 maximum, in lieu of $600.

Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
$1,000 maximum, in lieu of $600.

Hired "Autos"
The following is added to Section III. Paragraph A.:

5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to:

Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business.

The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.

No deductible applies to loss caused by fire or lightning.

The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos.

Such physical damage coverage for hired autos will:

Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern.

Such coverage as is provided by this provision will be subject to a limit of $750 per accident.

Airbag Coverage
The following is added to Section III, Paragraph B.3.:

The accidental discharge of an airbag shall not be considered mechanical breakdown.

BUA 7015454426
Endorsement No: 13; Page: 2 of 4 Policy Page: 61 of 102 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA63359XX (04-2012)
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

ITEM 8
Business Auto Policy
Policy Endorsement
F.
c.
d.

G.
a.
b.
c.
d.
(1)
(2)
III.

1. a.
b.
(1)
(2)

2. IV.

A.

Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:

Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories A $100 per occurrence deductible applies to the coverage provided by this provision.

Diminution In Value
The following is added to Section III, Paragraph B.6.:

Subject to the following, the diminution in value exclusion does not apply to:

Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and
Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business.

Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts.

The most we will pay for loss to a covered auto in any one accident is the lesser of:
$5,000; or
20% of the auto's actual cash value (ACV).

Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:

Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except:

An auto owned by that "executive officer" or a member of that person's household; or An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos.

Such Liability and/or Physical Damage Coverage as is afforded by this provision.

Equal to the greatest of those coverages afforded any covered auto; and Excess over any other collectible insurance.

For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse.

Such "executive officers" are insureds while using a covered auto described in this provision.

BUSINESS AUTO CONDITIONS
Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:

BUA 7015454426
Endorsement No: 13; Page: 3 of 4 Policy Page: 62 of 102 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA63359XX (04-2012)
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

ITEM 8
Business Auto Policy
Policy Endorsement
(4)
(6)
B.

C.

D.

E.
a.

V.

Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.

The following is added to Section IV, Paragraph A.2.b.:

Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.

Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.

This injury or damage must arise out of your activities under a contract with that person or organization.

You must agree to that requirement prior to an accident or loss.

Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:

Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.

Other Insurance
The following is added to Section IV, Paragraph B.5.:

Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract.

That written contract must have been entered into prior to Accident or Loss.

Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
45 days of coverage in lieu of 30 days.

DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:

Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these.

BUA 7015454426
Endorsement No: 13; Page: 4 of 4 Policy Page: 63 of 102 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA63359XX (04-2012)
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

ITEM 8
Business Auto Policy
Policy Endorsement

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: DELTA PAINTING AND COATING INC
Endorsement Effective Date: 08/30/2021

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

BUA 7015454426
Endorsement No: 4; Page: 1 of 1 Policy Page: 43 of 102
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13
Endorsement Effective Date:

Policy No:

Policy Effective Date: 08/30/2021Endorsement Expiration Date:
© Copyright Insurance Services Office, Inc., 2011
ITEM 8

CNA PARAMOUNT
Contractors'GeneralLiabilityExtension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTYDAMAGE – ELEVATORSProvision, the Other Insuranceconditionsis amendedto add thefollowingparagraph:

This insurance is excess over any of the other insurance,whether primary, excess, contingent or on any other basis that is Propertyinsurancecoveringpropertyof othersdamagedfrom the use of elevators.

23. SUPPLEMENTARYPAYMENTS
The sectionentitledSUPPLEMENTARYPAYMENTS– COVERAGESA AND Bis amendedas follows:

A. Paragraph1.b. is amendedto delete the $250limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit.

24. UNINTENTIONALFAILURETO DISCLOSEHAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured'sCoveragePart, the Insurerwill not deny coverageunderthis CoveragePart becauseof such failure.

25. WAIVEROF SUBROGATION- BLANKET
Under CONDITIONS, the conditionentitled TransferOf Rights Of RecoveryAgainst Others To Us is amendedto add thefollowing:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of paymentsthe Insurermakesfor injury or damagearisingout of:

1. the NamedInsured'songoingoperations;or

2. yourworkincludedin the products-completedoperationshazard.

However,this waiver appliesonly when the Named Insuredhas agreed in writing to waive such rights of recoveryin a writtencontractor writtenagreement,and only if such contractor agreement:

1. is in effect or becomeseffectiveduringthe term of this CoveragePart; and

2. was executedprior to the bodilyinjury, propertydamageor personaland advertisinginjury giving rise to the claim.

26. WRAP-UPEXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCEPROGRAMS Note: The following provision does not apply to any public constructionproject in the state of Oklahoma,nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated(wrap-up) insuranceprogramby applicablestate statuteor regulation.

If the endorsementEXCLUSION– CONSTRUCTIONWRAP-UPis attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then thefollowingchangesapply:

A. The followingwordingis added to theabove-referencedendorsement:

With respect to a consolidated(wrap-up)insuranceprogram project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damagesbecauseof:

1. Bodilyinjury, propertydamage, or personalor advertisinginjurythat occursduring the NamedInsured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf;nor
7015454376CNA74705XX(1-15) PolicyNo:
3Page16 of 17 EndorsementNo:

VALLEY FORGE INSURANCE COMPANY 08/30/2021EffectiveDate:

DELTA PAINTING AND COATING INCInsuredName:

CopyrightCNA All Rights Reserved. Includes copyrightedmaterialof Insurance ServicesOffice, Inc., with its permission.

ITEM 8

CNA PARAMOUNT
BlanketAdditionalInsured- Owners,Lesseesor
Contractors- with Products-Completed
OperationsCoverageEndorsement
Primaryand NoncontributoryInsurance
With respectto other insuranceavailableto theadditionalinsuredunderwhich the additionalinsuredis a named insured,this insuranceis primaryto andwill not seek contributionfrom such other insurance,providedthat awritten contractrequiresthe insuranceprovidedby this policy to be:

1. primaryand non-contributingwith other insuranceavailableto theadditionalinsured;or

2. primaryand to notseek contributionfrom any other insuranceavailableto theadditionalinsured.

But exceptas specifiedabove,this insurancewill be excessof all other insuranceavailableto theadditionalinsured.

VI. Solelywith respectto theinsurancegrantedby this endorsement,the sectionentitledCOMMERCIALGENERAL LIABILITYCONDITIONSis amendedas follows:

The ConditionentitledDutiesIn TheEventof Occurrence,Offense,Claimor Suit is amendedwith the additionof the following:

Any additionalinsuredpursuantto this endorsementwill as soon as practicable:

1. give the Insurerwrittennoticeof any claim, or any occurrenceor offensewhich may result in a claim;

2. send the Insurercopiesof all legal papersreceived,and otherwisecooperatewith the Insurerin the investigation, defense,or settlementof theclaim; and

3. make availableany other insurance,and tenderthe defenseand indemnityof any claimto any other insureror self-insurer,whosepolicy or programappliesto a loss that theInsurercoversunderthis coveragepart. However, if the writtencontractrequiresthis insuranceto be primaryand non-contributory,this paragraph3. does not apply to insuranceon which the additionalinsuredis a namedinsured.

The Insurerhas no duty to defendor indemnifyan additionalinsuredunderthis endorsementuntil the Insurerreceives writtennoticeof a claimfrom the additionalinsured.

VII. Solelywith respectto theinsurancegrantedby this endorsement,the sectionentitledDEFINITIONSis amendedto add thefollowingdefinition:

Writtencontractmeansa writtencontractor writtenagreementthat requiresyou to make a personor organizationan additionalinsuredon this coveragepart, providedthe contractor agreement:

A. is currentlyin effect or becomeseffectiveduringthe term of this policy;and B. was executedprior to:

1. the bodilyinjuryor propertydamage; or

2. the offensethat causedthe personaland advertisinginjury; for which the additionalinsuredseeks coverage.

Any coveragegrantedby this endorsementshall apply solely to theextentpermissibleby law.

All other termsand conditionsof thePolicyremainunchanged.

This endorsement,which formsa part of andis for attachmentto thePolicyissuedby the designatedInsurers,takes effect on theeffectivedate ofsaid Policyat thehour statedin said Policy,unlessanothereffectivedate is shown below,and expiresconcurrentlywith said Policy.
7015454376CNA75079XX(10-16) PolicyNo:
6Page2 of 2 EndorsementNo:

VALLEY FORGE INSURANCE COMPANY 08/30/2021EffectiveDate:

DELTA PAINTING AND COATING INCInsuredName:

CopyrightCNA All Rights Reserved. Includes copyrightedmaterialof Insurance ServicesOffice, Inc., with its permission.

ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM:

Alex Terrazas, City Manager

CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775

SUBJECT: Resolution No. 2022-108, Authorizing the City Engineer to Execute the Agreements with the California Department of Transportation for the Smyrna Park Improvements

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorizes the City Engineer to Execute the agreements with the California Department of Transportation for the Smyrna Park i mprovements and all Restricted Grant Agreements and any amendments thereto.

I. BACKGROUND:

The Clean California Local Grants Program (CCLGP) is a competitive statewide program, administered by the California Department of Transportation (Caltrans) to provide $296 million as a part of a two- year program to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers and other public spaces. Eligible projects must meet at least one of the following goals: litter and graffiti abatement , greening and the use of native drought tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities.

The total program budget is $296 million, with a maximum individual grant award of $5 million. Proposals were due February 1, 2022, and grant awards were announced in early March 2022. Awarded projects must be completed by June 30, 2024.

Smyrna Park was identified as the highest priority due to community demand, need for improvement, and meeting the goals of the grant requirements for competitive success. In collaboration with different City departments and Ceres Unified School District, staff prepared and submitted the grant application before the deadline of February 1, 2022.

ITEM 9
II. REASONS FOR RECOMMENDATION:

In March 2022, Caltrans announced they received 329 applications requesting a total of $758 million under the CCLGP solicitation. Of the total grant applications received, 105 projects (or 30%) of the applications were awarded grant funds. City of Ceres was among the applications awarded for the Smyrna Park Improvements . The total project cost is $3,283,041 with grant funds of $2,872,661 with local matching funds of $410,380.

On May 23, 2022, Caltrans sent the City g rant agreements and other associated documents for execution. On July 25, 2022, staff presented to Council the grant award notification from Caltrans, the CCLGP background, and conceptual design and project elements of the Smyrna Park i mprovements. City staff also requested a resolution to accept the grant award.

On July 26, 2022, the City Engineer signed the grant agreement and submitted it along with the associated documents to Caltrans. As part of this submittal, the City included a resolution approved in November 2007 that authorized the City Engineer to execute all Master Agreements, Supplemental Agreements, Fund E xchange and Transfer Agreements, and any amendments related to f ederal and/or sate funded t ransportation projects. This resolution has been used since 2007 for all state and f ederal grant agreements administered by the state.

On August 2
nd, Caltrans notified the City that the resolution approved in 2007 was not inclusive of “Restricted Grant Agreements” even though the grant is state funds. Caltrans is requesting a resolution that specifies “Restricted Grant Agreements” in order to fulfil the CCLGP which falls under this type of funding. This grant fund type is not a common grant typically used by the City and the language of “Restricted Grant Agreements” was not clearly stated in the guidelines.

The adoption of the attached resolution will allow the City Engineer to sign the CCLGP fund agreement and will fulfill the requirements as requested by Caltrans.

III. FISCAL IMPACTS:

Approval of th e resolution will allow the Engineering Department to initiate the state agreement to deliver the Symrna Park improvements. The total project cost is $3,283,041 with grant funds of $2,872,661 with local matching funds of $410,380.

IV. Recommended Action:

Adopt a r esolution authorizing the City Engineer, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

Approved by: ___________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution
ITEM 9
RESOLUTION NO. 2022-108

AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SMYRNA PARK

IMPROVEMENTS

The City Council
City of Ceres

WHEREAS, the City of Ceres is eligible to receive state funding for certain transportation related work through the California Department of Transportation; and

WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and

WHEREAS, the City of Ceres wishes to delegate authorization to execute these agreements and any amendments thereto.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Engineer to execute the agreements with the California Department of Transportation for the Smyrna Park improvements.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on this 22
nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

____________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (
209) 538-56 17

SUBJECT: Resolution No. 2022 -109, Authorizing the City Manager to Approve Purchase Orders with Folsom Chevrolet, Nixon- Egli Equipment Company, Municipal Maintenance Equipment, and Garton Tractor as Part of the Fleet Replacement Program

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution authorizing the City Manager to approve purchase orders with Folsom Chevrolet, Nixon-Egli Equipment Company, Municipal Maintenance Equipment, and Garton Tractor as part of the Fleet Replacement Program.

I. BACKG
ROUND:

During the annual budget process, the Fleet Replacement fund collects monies from all City Departments for the replacement of aging vehicles. As part of the State of California’s Fleet Equipment Contract pricing (also known as Sourcewell pricing), the Fleet Division requested quotes in order to replace various vehicles for the Public Works Department.

Quotes were received from Folsom Chevrolet, Nixon-Egli Equipment Company, Municipal Maintenance Equipment, and Garton Tractor.

II. RE
ASONS FOR RECOMMENDATION:

As part of the FY 2022/23 vehicle replacement program, the following vehicles were budgeted for replacement:

• Water Superintendent vehicle #35-292-16
• Wastewater High-Power Jet Truck vehicle #25-225-09 and Maintainer Service Body Truck vehicle #25-223-08
• Streets Division Street Sweeper vehicle #30-516-16
• Streets Division Discing Tractor vehicle #30-418-08
ITEM 10
• Wastewater 2-WD Utility Tractor vehicle #25-402-04
• Landscaping Division 4-WD Utility Tractor #40-645-07

Folsom Chevrolet has quoted $22,009.45 to replace Water Superintendent vehicle #35- 292-16. Due to the volatility of the market for this specification of vehicle, a 10% contingency is necessary for a total of $25,000.00. Also, due to truck availability and long lead times, staff is requesting the 2016 truck vehicle #35-292-16 be reassigned to the new temporary code enforcement worker and the new Chevrolet replacement be assigned to the Water Superintendent.

Nixon-Egli Equipment Company has quoted $336,637.65 to replace the High- Power Jet Truck vehicle #25-225-09 and $213,862.64 to replace the Maintainer Service Body Truck vehicle #25- 223-08 for the Wastewater Division. Both vehicles are 2008- 2009 models, aged out, have high hours of use, and are no longer State of California smog compliant.

Municipal Maintenance Equipment has quoted $345,931.58 to replace Street Sweeper vehicle #30-516-16 for the Streets Division. The street sweeper is a 2016 model; the life expectancy of this type of vehicle is 5- 6 years. The sweeper has excessive hours of use, is no longer feasible as cost effective for parts, material lead time, ongoing repair and maintenance issues.

Garton Tractor has quoted $69,518.36 to replace the Discing Tractor vehicle #30- 418-08 for the Streets Division, $43,320.48 to replace the 2- WD Utility Tractor #25 -402-04 for Wastewater, and $49,782.94 to replace the 4- WD Utility Tractor #40-645-07 for the Landscaping Division. The tractors being replaced are 2007 and 2008 models, have aged out, have high hours of use, and are no longer off-road diesel carb compliant.

Since these vendors are part of the Sourcewell contract, staff is confident the quotes received are the lowest and most responsible prices available.

III. F
ISCAL IMPACTS :

Monies for these vehicle replacements have been programmed in the FY 2022/23 vehicle replacement program account 61020.051100.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Provide quality services to meet community needs, assuring the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.

V. P
OLICY ALTERNATIVES :

Should the City Council decide not to approve these purchase orders, the vehicles will begin to age, and repairs and maintenance will become more expensive. The heavy equipment vehicles will also no longer meet the state of California’s environmental impact regulations such as smog and other air quality regulations.

VI. ST
EPS FOLLOWING APPROVAL :

ITEM 10

Upon approval fro m Council, staff will proceed with the purchase of the replacement vehicles and the Finance Director to make the appropriate accounting entries.

Approved by: _______________________________
Alex Terrazas, City Manager

Attachments:

1. Quotes
ITEM 10
ITEM 10
RESOLUTION NO. 2022-109

AUTHORIZING THE CITY MANAGER TO APPROVE PURCHASE

ORDERS WITH FOLSOM CHEVROLET, NIXON-EGLI EQUIPMENT

COMPANY, MUNICIPAL MAINTENANCE EQUIPMENT, AND GARTON

TRACTOR AS PART OF THE FLEET REPLACEMENT PROGRAM

THE CITY COUNCIL
City of Ceres

WHEREAS, the Fleet Replacement fund collects monies from each department annually for the replacement of vehicles; and

WHEREAS, pricing was requested from Folsom Chevrolet, Nixon-Egli Equipment Company, Municipal Maintenance Equipment, and Garton Tractor as part of a bid-assist program through state of California Sourcewell contract pricing to offer the lowest and most responsible pricing for vehicle replacements for the City of Ceres; and

WHEREAS, Folsom Chevrolet currently has a 2022 Chevrolet Malibu in stock and quoted for $22,009.45 to replace Chevrolet Silverado vehicle #35-292-16 for the Water Division however due to the volatility of the market for this specification of vehicle a 10% contingency is necessary; and

WHEREAS, Nixon-Egli Equipment Company has quoted $336,637.65 to replace the High-Power Water Jet Truck #25-225-09 and $213,862.64 to replace the Maintainer Service Body Truck vehicle #25-223-08 for the Wastewater Division; and

WHEREAS, Municipal Maintenance Equipment h as quoted $345,931.58 to replace street sweeper #30-516-16 for the Streets Division; and

WHEREAS, Garton Tractor has quoted $69,518.36 to replace the Discing Tractor #30-418-08 for the Streets Division, $43,320.48 to replace 2-WD Utility Tractor #25-402- 04 for the Wastewater Division, and $49,782.94 to replace 4- WD Utility Tractor for the Landscaping Division; and

WHEREAS, funds for these purchases have been programmed into FY 2022/23 budget, account 61020.051100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve purchase orders with Folsom Chevrolet, Nixon- Egli Equipment Co mpany, Municipal Maintenance Equipment, and Garton Tractor as part of the Fleet Replacement Program.

BE IT FURTHER RESOLVED the Director of Finance to mak e the appropriate accounting entries.

ITEM 10
Resolution No. 2022-109, Page 2 of 2
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 10
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IIIIIN-1:lil.l 1:1111111,\\l:li 1:11.
www.nixon-egli.com
Cl SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356 [I NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 City of Ceres
4200 Morgan Road
Ceres, CA 95307
July 6, 2022
Quote Number- 100574R2
�well�
Attention- Matthew Williams
Reference- Sewer Equipment 800 Truck Jet
City ofCeres Sourcewell ID: 134119
Sewer Equipment Company of America Sourcewell ID: 101221-SCA Dear Matthew Williams,
We are pleased to quote you One 800 High Power Water Truck Jet equipped as follows:

Chassis
• Freightliner M2 106V Conventional Chassis
Engine & Pump:
• Hydrostatic Drive via Trans Power PTO
• Giant 65 GPM @ 2,000 PSI Pump with 30 Minute Run Dry *See Option Selected Below* • Tachometer/ Hour Meter
• Air Purge Valve
• Recirculation System at Highway Speed
• Midship Water Manifold System
• Consolidated Water Drain System �L; \ 0 .L o � ex; \ \ -b Tank & Fill:
• 1500 Gallon Duraprolene Water Tank with 10 Year Warranty • 2.5" Hydrant fill system
Hose Reel & Hose:
• Telescoping & Rotating Safety Reel
• Lighted NEMA 4 Control Panel
Lighting:
• D.O.T. Approved LED Lighting
Truck:
• Mudflaps & Aluminum Skirting
• Bumper I Hitch Receiver
• LED D.O.T. approved lighting
• Aluminum Underbody Toolboxes, (2) per Side, (1) Rear
• Painted Steel Shroud Enclosure with (3) Roll-Up Doors, Sides & Rear Accessories:
• BB Hose guide
• Tri-Star (chisel point) nozzle
• DD (high flow) nozzle
• Finned nozzle extension
�
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June 24, 2022
City of Ceres
3420 Harold Street
Ceres, CA 95307

MUNICIPAL

MAINTENANCE

EQUIPMENT
�
CSLB #980409
DIR 1000004282
www.10urce-mme.com
Toll Free 1-888-484-9968
Tel: 209-538-5796
dave. adalr@ci. cares. ca. us
�-\ \ e- .-\; ( ,...¼J. . • -\.)Attention: Dave Adair
( �
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We are pleased to provide the enclosed contract pricing sheet off the Sourcewell Contract No. 093021-SWZ for the Schwarze Model A7 Tornado Sweeper mounted on a new 2022 Freightliner M2 truck chassis for your review.

Summary: Complete Unit per attached Sourcewell price sheet Price F.O.B. Ceres, CA

8.375% Estimated Sales Tax
CA Tire Fee
Total
$319,189.00
28,732.08

10.50 $345,931.58
• City's Purchase Order to be prepared and sent directly to the Sourcawell Contract Assignee:

Municipal Maintenance Equipment, Inc. 4634 Mayhew Road Sacramento, CA 95827 Tel: 916-922-1101 Fax: 916-922-1034 Nancy Steffan - [email protected] • Municipal Maintenance Equipment, Inc. is the local dealer and will provide on-site training, warranty support and future service for the Schwarze products. • Pricing includes delivery and on-site training.
• Normal delivery 210-240 days A.R.O., depending on chassis availability. • Due to California emissions requirements, special permits may be required on engines. MME cannot provide these permits and we recommend you contact your local Air Resources Management District for the specific requirements.
• Sales tax applicable at time of delivery will be shown on invoice. • Terms per Sourcewell Program.
• Quote valid for 15 days.

Thank you for your interest in this fine product. Should you have any questions or need additional information, please let us know. We look forward to being of service.

Sincerely,
Municipal Maintenance Equipment, Inc.
·-so....\N\.eS W nQZ,,�
James Wheeler,
General Manager
Enclosure
4634 Mayhew Road
Sacramento, CA 95827
Office; 961-922- 1101
Toll Free: 888·484-9968
1930 W. Winton Ave. #1
Hayward, CA 94545
Office: 510-670-0230
Fax: 510-670-9003
4750 Caterpillar Rd. #D
Redding, CA96003
Office: 530-243-4856
Fax: 530-243-1447
13922 Gracebee Ave.

Norwalk, CA 90650
Office: 714-528-8770
Fax: 714-528-8744
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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Joey Chavez, Recreation Manager,
[email protected], (209) 538-5682

SUBJECT: Resolution No. 202 2-110, Approving a n Agreement with Big Valley Grace Community Church, Inc. for the Use of the Ceres Community Center and Authorizing the City Manager to
Execute the Agreement

RECOMME
NDED COUNCIL ACTION:

Staff recommends Counci l adopt a resolution authorizing the City Manager to sign the Agreement for Big Valley Grace Community Church (BVG) for use of the Ceres Community Center (Center).

I. BACKG
ROUND:

The City and BVG entered a License to Use Agreement in July 2019 for the usage of the Center for Sunday church services (Use – A) as well as Monday morning Men’s Group Bible Study. The Community Room (Use – B) is exclusively available for BVG to utilize as an office workspace.

As a result of the COVID -19 Pandemic, in August of 2020 there was an amendment to the original agreement which reduced the rate of which B VG paid. This was necessary as the State of California had prohibited indoor use of t he Center and it was not appropriate for the City to continue to charge BVG that rate for the use of the Center’s parking lot. The Council approved that amendment by a 5-0 vote.

BVG is desirous to have a new ag reement which will supersede the current agreement. As the congregation grows, BVG does not want to lock themselves into a long-term agreement which could be challenging to terminate. As such , BVG is proposing an agreement with a one (1) year t erm that c an be extend ed for up to three (3) years. Any requests must be made in writing 90 days prior to expiration and must be approved by the City Manager. An agreement of this type would not prohibit ITEM 11

BVG’s continued use of the Center but also allow the church to secure a new location if one can be obtained. It is also proving beneficial to the City as it is a continued source of revenue for the Ce nter and BVG has a minimal impact on the standard operations of the C enter. The approval of this agreement continues that partnership.

II. F ISCAL IMPACTS:

The original contract for BVG utilized the large assembly and the large room upstairs for storage. The new contract will utilize the large assembly and the small st orage room downstairs (formerly the computer lab).

For an y additio nal room use needed outside of these terms , BVG will co ntinue to follow the Center rental guidelines for the Tier 1 User non-profit use.

The rate schedule is included in the agreement and noted below.

A. U SE A – Weekly Sunday Church Services:
i. $5,6 00.00 per month paid in full on the first of each month ii. Increase in rates wi ll be 2 % updated annually and effective each following year
iii. Monthly payment to begin September 1, 2022

B. U SE B – Storage – Former Computer Lab:
i. $1,000.00 per month
ii. Increase in r ates will be 2% updated annually and effective each following year
iii. Monthly payments to begin September 1, 2022

C. U SE C – All Other Rentals Rooms:
i. Billed per use and to be included in the next monthly bill ing at the City Council adopted rates of use for tier one non-profit use

D. USE D – Facility Availably:
i. Should the Cent er become unavailable to the licensee for any of the above g uarantee stated uses, the licensor shall apply a credit for all lost time towards the following months billing statement as both parties agree

III. P
OLIC Y ALTERNATIVES:

City Council may modify or deny City staff recommendation.

IV. I
NTE RDEPARTMENTAL COORDINATION:

The Recreation Department has worked closely with the BVG.

V. S
TE PS FOLLOWING APPROVAL:

ITEM 11

T he City Manager will sign the agreement with BVG.

Approved by: _______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Agreement

3. Insurance

ITEM 11
ITEM 11
RESOLUTION NO. 2022-110

APPROVING AN AGREEMENT WITH BIG VALLEY GRACE
COMMUNITY CHURCH, INC. FOR THE USE OF THE CERES

COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, The City of Ceres’ Recreation Department has the Ceres Community Center (Center) located at 2701 4th Street Ceres, CA 95307 available for rent for various private and public events; and
WHEREAS, The Recreation Department and Big Valley Grace Community Church (BVG) entered a License to Use Agreement on August 22, 2022 for the use of the Ceres Community Center; and
WHEREAS, license owns and operates the Ceres Community Center located at 2701 4th Street, Ceres, CA 95307; and
WHEREAS, The Center is available for rental to customers on a reservation basis for specific one-time events; and
WHEREAS, BVG seeks a r evocable license to reserve and use a portion of the Center on a recurring and long term basis as designated in more detail herein; and WHEREAS, as a non-profit organization, BVG is r ecognized as a Tier 1 User at the non-profit rate per the City Council adopted rental rate schedules.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Big Valley Grace Community Church, Inc. for the use of the Ceres Community Center and authorize the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of August 2022, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________
Fallon Martin, City Clerk
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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:

Resolution No. 2022-111, Approving the Use of A merican Rescue Plan Act (ARPA) Funds to Purchase Banners from All Star Trophies & Banners for the Active Military/Veterans Banner Program, and Designating 4th Street, 3rd Street, and North Street as the I naugural Installation Corridor and A uthorizing S taff to P roceed with the Purchase
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve the use of ARPA funds to purchase 37 banners and designating 4th Street, 3rd Street, and North Street as the inaugural installation corridor.

I. BACKGROUND:

At the April 12, 2021 Council meeting, the City Council considered the Mayor’s request to place an item on the next agenda to discuss the formation of an ad hoc committee honoring veterans. Council unanimously concurred with moving the item forward.

At the April 26, 2021 Council meeting, the City Council discussed the formation of an ad hoc committee honoring veterans. During that meeting, Mayor Lopez recommended the appointments of himself, Sgt. King of the Turlock U.S. Army recruiting office, Freddy Morales of the Veterans of Foreign Wars, American Legion Commander Pete Samaniego, resident and veteran Gene Yeakley, Supervisor Channce Condit, and Councilm ember Bret Silveira. Council directed staff to return to Council for the formal formation and appointment of members to the committee

During the November 8, 2021, Council meeting, the City Council discussed the M ayor’s recommended appointments and directed staff to open an application process for community members wanting to serve on the committee. The application period was open from November 15
th – December 7th. The application was posted on the City’s website and announced in the Ceres Courier. At the December 13, 2021 Council meeting, the City ITEM 12
Council directed staff to extend the application filing period until January 14, 2022 to allow sufficient time for additional members of the community to apply. Staff received a total of four (4) applications.

Committee met a total of five times to discuss the location and logistics of the program .

Committee members are Council member James Casey, Sgt. King of the Turlock U.S.

Army recruiting office, Freddy Morales of the Veterans of Foreign Wars, American Legion Commander Pete Samaniego, resident and veteran Gene Yeakley, John War ren, Nick Otero, and former Economic Development Manager, Anthony Sims.

II. REASONS FOR RECOMMENDATION:

Staff recommends approval of All Star Trophies & Banners for the purchases of 37 Active Military/Veterans Banner Program with the i naugural installation to be on 4 th Street, 3rd Street, and North Street to show support and say thank you to those current ly serving in the Armed Forces who reside in, or whose family resides in, the City of Ceres. The goal is to have banners hung for one year, beginning November 10, 2022. These banners will consist of the service member’s picture, name, and branch of service.

III. FISCAL IMPACTS:

Staff request the use of ARPA funds for this purchase, totaling $6,366.29 through account number 21945.039900.

The program will be further self -supported by community donations and direct applicant fees.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

V. STEPS FOLLOWING APPROVAL:

The Director of Finance to make the accounting entries to appropriate the funds and execute the purchase order.

Approved by: _________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote
ITEM 12
RESOLUTION NO. 2022-111

APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA)

FUNDS TO PURCHASE BANNERS FROM ALL STAR TROPHIES &

BANNERS FOR THE ACTIVE MILITARY/VETERANS BANNER
PROGRAM, AND DESIGNATING 4TH STREET, 3RD STREET, AND NORTH

STREET AS THE INAUGURAL INSTALLATION CORRIDOR AND

AUTHORIZING STAFF TO PROCEED WITH THE PURCHASE

THE CITY COUNCIL
City of Ceres

WHEREAS the City Council approved a mid-year budget which included the use of ARPA funds for various projects, Seasonal Banner Enhancements; and

WHEREAS the ad hoc committee shall be advisory only and the committee will make recommendations to the council; and

WHEREAS the purchase of the Military/Veterans Banner Program will have no fiscal impact on the city, and

WHEREAS staff believes All Star trophies & Banners offer a superior product that will suit the City's needs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of American Rescue Plan Act (ARPA) funds to purchase banners from All Star Trophies & Banners for the Active Military/Veterans Banner Program , and designating 4
th
Street, 3
rd
Street, and North Street as the
inaugural installation corridor and authorize staff to proceed with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas, City Manager
[email protected], (209) 538-5751
SUBJECT:

Resolution No. 2022-112, Approving the Response to the Findings and Recommendations of the Stanislaus County Civil Grand Jury Report Titled Homelessness: The Elusive Definition of “Success” (Case #22-05GJ)
RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt the resolution approving the response to the findings and recommendations of the Stanislaus County Civil Grand Jury Report on Homelessness: The Elusive Definition of “Success.”
I. BACKGROUND:

On June 16, 2022 the City of Ceres received a report prepared by the Stanislaus County Civil Grand Jury (SCCGJ) titled “Homelessness: The Elusive Definition of ‘Success’”, Case #22-05GJ. The intent of the report is to raise awareness of the scope and magnitude of homelessness and how it can be addressed as a community . A copy of th e report has been attached to this staff report (see Attachment 1).

Staff reviewed the report along with the findings and recommendations and prepared a response. The City is required to respond to the Presiding Judge of the Stanislaus County Superior Court no later than 90 days after the Civil Grand Jury submitted their final report.

A copy of the response has been attached to this staff report (see Attachment 2).

II. REASONS FOR RECOMMENDATION:

RESPONSE TO FINDINGS

F1. The number of homeless in Stanislaus County fluctuates from year to year but it is increasing over time. This trend was exacerbated by the COVID-19 pandemic.

The City agrees with this finding.

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F2. The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.

The City agrees with this finding.

F3. Efforts to better coordinate the system of care are underway. These include the Stanislaus Homeless Alliance at the policy level, and the Homeless Management Information System at the operational level.

The City agrees with this finding.

F4. Since over half of the homeless each year are in the care system for the first time, efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.

The City is not familiar with that particular statistic.

F5. Despite enormous funding for homeless programs, and despite the fact that there are many individual successes, overall the system to date has not reduced homelessness.

The City does not possess sufficient information to agree with this finding.

F6. There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests w ith the Community Services Agency, the Community Care System of Care, and the Stanislaus Homeless Alliance.

The City does not possess sufficient information to agree with this finding.

RESPONSE TO RECOMMENDATIONS

R1. More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Services Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations wi th demonstrable success. This should be done by jointly adopting a performance evaluation system prior to the allocation of the next round of federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.

The City believes there is always room for improvement. However, we do not possess information to specifically respond to the recommendation.

R2. More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating those funds for affordable housing, substance abuse treatment, and mental health services.

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The City agrees with this recommendation but f unding decisions should be left to individual jurisdictions and their governing bodies.

R3. All cities in the County should continually be encouraging the construction of significantly more af fordable housing. They should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations for the need for affordable housing.

The City is in the process of updating the General Plan Housing Element and will work to meet the goals and policies contained in the Housing Element.

R4. All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.

The City agrees with this finding. The City provides annual reports to the State of California Department of Housing and Community Development (HCD) regarding the City’s efforts to implement the Housing Element and if requested will provide this report to the Community System of Care and the Stanislaus Homeless Alliance.

R5. Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.

The City will cooperate with subsequent grand juries and provide additional information as appropriate.

III. FISCAL IMPACTS:

There are no fiscal impacts associated with the proposed action.

IV. STEPS FOLLOWING APPROVAL:

The Mayor will execute the attached response letter (Attachment 2).

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Attachment 1 – Grand Jury Report (Homelessness: The Elusive Definition of “Success”)

2. Attachment 2 – Response to the Findings and Recommendations ITEM 13
ITEM 13
ITEM 13
RESOLUTION NO. 2022-112

APPROVING THE RESPONSE TO THE FINDINGS AND

RECOMMENDATIONS OF THE STANISLAUS COUNTY CIVIL GRAND
JURY REPORT TITLED HOMELESSNESS: THE ELUSIVE DEFINITION OF “SUCCESS” (CASE #22-05GJ)

THE CITY COUNCIL
City of Ceres

WHEREAS, the City Council of the City of Ceres has duly considered the findings and recommendations contained in the report of the Stanislaus County Civil Grand Jury report titled Homelessness: The Elusive Definition of “Success” (Case #22-05GJ); and

WHEREAS, the City has prepared a response to the Civil Grand Jury, addressing the findings and recommendations; and

WHEREAS, the City Council has reviewed and considered said response.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the response to the findings and recommendations of the Stanislaus County Civil Grand Jury report titled Homelessness: The Elusive Definition of “Success” (Case #22-05GJ).

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINED: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
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August 22, 2022

Honorable Robert B. Westbrook
Presiding Judge
Superior Court of California
County of Stanislaus
P.O. Box 3488
Modesto, CA 95353

Subject: City of Ceres Response to 202 1-2022 Stanislaus County Civil Grand Jury – Homelessness: The Elusive Definition of “Success” – Case #22- 05GJ

The City of Ceres has reviewed the findings and recommendations of the 20 21-2022 Stanislaus County Civil Grand Jury – Homelessnesss: The Elusive Definition of “Success” – Case #22-05GJ

RESPONSE TO FINDINGS:

F1. The number of homeless in Stanislaus County fluctuates from year to year but it is increasing over time. This trend was exacerbated by the COVID-19 pandemic.

The City agrees with this finding.

F2. The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.

The City agrees with this finding.

F3. Efforts to better coordinate the system of care are underway. These i nclude the Stanislaus Homeless Alliance at the policy level, and the Homeless Management Information System at the operational level.

The City agrees with this finding.

F4. Since over half of the homeless each year are in the care system for the first t ime,

Office of the Mayor
2220 Magnolia Street
Ceres, CA 95307
O: (209) 538-5731
F: (209) 538-5650

CITY COUNCIL

Javier Lopez, Mayor
James Casey Vacant
Bret Silveira Mike Kline
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efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.

The City is not familiar with that particular statistic.

F5. Despite enormous funding for homeless programs, and d espite the fact that there are many individual successes, overall the system to date has not reduced homelessness.

The City does not possess sufficient information to agree with this finding.

F6. There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests with the Community Services Agency, the Community Care System of Care, and the Stani slaus Homeless Alliance.

The City does not possess sufficient information to agree with this finding.

RESPONSE TO RECOMMENDATIONS:

R1. More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Services Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations with demonstrable success.

This should be done by jointly adopting a perfor mance evaluation system prior to the allocation of the next round of federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.

The City believes there is always room for improvement. Howev er, we do not possess information to specifically respond to the recommendation.

R2. More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating those funds for affordable housing, substance abuse treatment, and mental health services.

The City agrees with this recommendation but funding decisions should be left to individual jurisdictions and their governing bodies.

R3. All cities in the County should continually be encouraging the construction of significantly more affordable housing. The y should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations for the need for affordable housing.

The City is in the process of updating the General Plan Housing Element and will ITEM 13
ITEM 13
work to meet the goals and policies contained in the Housing Element.

R4. All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.

The City agrees with this finding. The City provides ann ual reports to the State of California Department of Housing and Community Development (HCD) regarding the City’s efforts to implement the Housing Element and if requested will provide this report to the Community System of Care and the Stanislaus Homeless Alliance.

R5. Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.

The City will cooperate with subsequent grand juries and pro vide additional information as appropriate.

If you have any further questions, please contact City Manager Alex Terrazas at (209) 538- 5751.

Sincerely,

Javier Lopez
Mayor

cc:

Tom Hallinan, City Attorney
Alex Terrazas, City Manager

ITEM 13
ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Leticia Dias, Finance Director [email protected] 538-5764

SUBJECT: Resolution No. 2022-113, Approving Fiscal Year 2021-2022 Carryover Appropriations and Amending the 2022-2023 Budget

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a r esolution authorizing the fiscal year 2021- 2022 carryover appropriations and amending the 2022-2023 budget.

I. BACKGROUND:

The City Council approved the 2022-2023 budget on June 13, 2022. There are certain appropriations that need to be carried over from FY 2021-2022. M ajority of these expenditures are Capital Improvement Projects that have not been completed; some are related to grant funding and some were purchases not received before the end of the fiscal year.

II. REASONS FOR RECOMMENDATION:

The items listed in Exhibit “A” represent projects or commitments that are ongoing. In most cases, there is a binding document, such as a contract, requiring performance.

In many instances, projects are in process and cannot be stopped.

III. FISCAL IMPACTS:

Of the $34,024,293.78 being carried over, $ 29,191.65 are expenditures charged to the General Fund and $45,966.61 are General Fund revenues.

IV. POLICY ALTERNATIVES:

There are no viable alternatives.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

ITEM 14

V. STEPS FOLLOWING APPROVAL:

The Finance Department will process the budget amendment.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Exhibit “A”
ITEM 14
RESOLUTION NO. 2022-113

APPROVING FISCAL YEAR 2021-2022 CARRYOVER
APPROPRIATIONS AND AMENDING THE 2022-2023 BUDGET

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres approved its annual budget June 13, 2022; and

WHEREAS, there are certain 2021- 2022 expenditures that should be allowed to be made in the fiscal year 2022-2023; and

WHEREAS, the City Council of the City of Ceres does hereby find that it would be in the best interest of the City to carryover and incorporate the appropriations, as given in Exhibit “A” into the budget for the 2022-2023 fiscal year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve fiscal year 2021-2022 carryover appropriations and amending the 2022-2023 budget.

BE IT FURTHER RESOLVED that the City Council does hereby authorize and direct the Finance Director to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
EXHIBIT "A"
Account Project # AMOUNT FUND  TOTAL
10010.025902 PROF DEV‐R COLLINS 750.50
10010.025920 PROFESSIONAL DVLPMNT‐ P CRANE 750.00
10010.025923 PROF DEVELOPMENT‐D VIERRA 750.00
10019.025905 PROF DEVELOPMENT‐K. WAUGH 300.00
10055.025932 PROF DEVELOPMENT‐J. CHAVEZ 750.00
10055.050300 FURNITURE AND FURNISHINGS 8,135.00
10065.025909 PROF DEVELOPMENT‐ A. TERRAZAS 450.00
10066.025911 PROF DEVELOPMENT‐D. VASQUEZ 450.00
10066.026200 EMPLOYEE RECOGNITION 718.13
10067.025933 PROF DEVELOPMENT‐ F. MARTIN 562.00
10073.022600 TRAINING 3,317.67
10073.025800 TRAVEL, LODGING & MEALS 1,434.16
10073.025907 PROF DEVELOPMENT‐L DIAS 300.00
10073.025931 PROF DEVELOPMENT‐A RODRIGUEZ 250.00
10075.025908 PROF DVLPMNT‐C. HOEM 112.00
10095.176000 SECURITY IMROVEMENTS 10,162.19
FUND TOTAL 29,191.65
21910.050800 PHOTOGRAPHIC & RECORDING EQUIP 301,843.14
21910.051100 AUTOMOTIVE EQUIPMENT 125,000.00
21910.051800 PUBLIC SAFETY EQUIPMENT 23,859.35
21913.011000 SALARIES AND WAGES 500,000.00
21915.039903 TECHNICAL RESCUE SUPPLIES 11,056.73
21916.050200 COMPUTER EQUIPMENT 55,000.00
21916.051500 COMMUNICATION EQUIPMENT 20,532.60
21919.034600 TRAFFIC CONTROL SUPPLIES 100,000.00
21920.051000 POWER EQUIPMENT 125,000.00
21930.029900 CONTRACT SERVICES 250,000.00
21941.028900 R & M ‐ NON‐STRUCTURAL ITEMS 400,000.00
21941.051400 CUSTODIAN EQUIPMENT 1,542.11
21945.026000 ADVERTISING 5,000.00
21945.053300 WAY FINDING SIGN 75,000.00
21945.054400 DOWNTOWN INCENTIVE PROGRAM 100,000.00
21955.029900 CONTRACT SERVICES 50,000.00
21955.051500 COMMUNICATION EQUIPMENT 2,585.65
21960.011000 SALARIES AND WAGES 61,039.73
21963.051500 COMMUNICATION EQUIPMENT 15,000.00
21966.029900 CONTRACT SERVICES 153,961.86
21967.029900 CONTRACT SERVICES 25,000.00
21973.022200 SUBSCRIPTIONS & MEMBERSHIPS 200,000.00
21995.800500 PD2222 POLICE  BUILDING SECURITY SYSTEM RESO22‐31 240,457.05 21995.800500 PD2224 UPGRADE  DUTY GEAR STORAGE ROOM RESO22‐31 40,000.00 21995.800500 PW2225 LIONS  PARK DEVELOPMENT RESO22‐31 650,000.00 21995.800500 PW2221 OCHOA  PARK IRRIGATION, SOD, LANDSCAPE RESO22‐31 400,000.00 21995.800500 PW2223 OCHOA  PARK IRRIGATION, SOD, LANDSCAPE RESO22‐31 150,000.00 21995.800500 PW2220 ADD  TRAILS/WALKWAYS DON PEDRO, STRAWBERRY RESO22‐31 75,000.00 FUND TOTAL 4,156,878.22
24895.160200 LOWER RIVERBLUFF‐PH I 38,127.39
FUND TOTAL 38,127.39
24995.150100 EASTGATE PLANTINGS 9,574.58
FUND TOTAL 9,574.58
25195.151500 SERVICE/MITCHELL IMPROVEMENTS 218,120.52
25195.161200 SRVC/MITCHELL STREET PROJ 169,676.95
FUND TOTAL 387,797.47
25395.160200 LOWER RIVERBLUFF‐PH I 65,636.60
25395.170300 LIONS PARK DESIGN 719,110.00

EXPENDITURES
ITEM 14
EXHIBIT "A"
Account Project # AMOUNT FUND  TOTAL

EXPENDITURES
25395.170400 EASTGATE PARK DESIGN 78,390.34
25395.170500 PARK IMPROVEMENTS 40,435.91
25395.501900 PHASE IVA DESIGN LOWER RIVER BLUFF 6,184.35 25395.800500 ENG2103 ROEDING  HEIGHTS TENNIS COURTS RESURFACING FY20‐21 25,000.00 FUND TOTAL 934,757.20
26895.170800 TRAF SIGNAL‐MORG/SRVC RD 295,409.00
26895.176400 TRAFFIC SIGNAL TIMING OPTIMAZATION 29,025.53 26895.200600 ATP SRTS MORGAN CORRIDOR (PE) 54.19
26895.800500 ENG2226 CMAQ  BIKE LANE CORRIDORS (074) RESO22‐31 354,147.00 26895.800500 ENG2229 HSIP  SIGNALIZED INTX IMPROVEMENTS RESO22‐31 118,980.00 26895.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 673,898.64 26895.800500 ENG2228 HSIP  MITCHELL RD CORRIDOR IMPROVEMENTS RESO22‐13 71,190.00 26895.800500 ENG2203 CMAQ  BIKE PATH‐ HATCH RD FROM EASTGATE TO FAITH HOME 290,941.00 26895.800500 ENG2204 STBGP  WHITMORE‐ CROWS LANDING TO MORGAN 527,460.00 FUND TOTAL 2,361,105.36
27195.151500 SERVICE/MITCHELL IMPROVEMENTS 482,074.33
27195.160600 ITS SIGNAL SYNCH‐PH III 1,047.98
27195.160700 TRAFFIC SIGNAL‐MORGAN/SRVC RD 3,699.89
27195.175600 TRAFFIC SIGNAL UPGRADE/MAINT 102,805.37
27195.200500 PAVEMENT PRESERVATION 27,452.03
27195.200600 ATP SRTS MORGAN CORRIDOR (PE) 571.11
27195.800500 ENG2101 20/21  PAVEMENT PRESERVATION 39,166.03 27195.800500 ENG2104 DON  PEDRO PARK SIDEWALKS 25,000.00 27195.800500 ENG2108 SCHOOLS  FLASHING BEACON  49,595.00 27195.800500 ENG2206 SCHOOLS  SAFETY IMPROVEMENTS (WALTER WHITE, MAE HENSLEY, CARROL FOWLER) 4,488.00 27195.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 1,299,898.62 27195.800500 ENG2228 HSIP  MITCHELL RD CORRIDOR IMPROVEMENTS RESO22‐13 22,910.00 27195.800500 ENG2229 HSIP  SIGNALIZED INTX IMPROVEMENTS RESO22‐31 28,220.00 27195.800500 ENG2203 CMAQ  BIKE PATH‐ HATCH RD FROM EASTGATE TO FAITH HOME 82,509.00 27195.800500 ENG2205 PAVEMENT  PRESERVATION 21‐22 1,000,000.00 27195.800500 ENG2207 MORGAN  ROAD IMPROVEMENTS FROM MONTCLAIRE TO SERVICE  150,000.00 FUND TOTAL 3,319,437.36
27495.800500 ENG2226 CMAQ  BIKE LANE CORRIDORS (074) RESO22‐31 60,884.00 27495.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 199,898.64 FUND TOTAL 260,782.64
27795.800500 ENG2101 20/21  PAVEMENT PRESERVATION 331,730.14 27795.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 1,199,898.64 27795.800500 ENG2204 STBGP  WHITMORE‐ CROWS LANDING TO MORGAN 402,642.00 27795.800500 ENG2205 PAVEMENT  PRESERVATION 21‐22 200,000.00 FUND TOTAL 2,134,270.78
29195.200400 CDBG PROJECT 234,943.00
29195.800500 ENG2202 CDBG ‐ MORROW VILLAGE PHASE 2 123,029.26 FUND TOTAL 357,972.26
46658.029900 CONTRACT SERVICES 38,788.13
FUND TOTAL 38,788.13
46959.029900 CONTRACT SERVICES 10,000.00
FUND TOTAL 10,000.00
49995.161100 UPDATE  PFF FEES 50,000.00
49995.172500 CORP  YARD FACILITY IMPROVEMENTS 617,237.62 49995.176000 SECURITY IMROVEMENTS 81,001.63
49995.176300 PFF UPDATE 80,000.00
49995.200100 PH1 FS/3 TRAINING FACILITY SITE IMPRVMNT 12,842.66 ITEM 14
EXHIBIT "A"
Account Project # AMOUNT FUND  TOTAL

EXPENDITURES
49995.800500 ENG2201 FIRE  TRAINING FACILITY SITE IMPROVEMENTS‐ PHASE 2 300,000.00 FUND TOTAL 1,141,081.91
52718.025927 PROF DEVELOPMENT‐K MORGAN 375.00
52719.025905 PROF DEVELOPMENT‐K. WAUGH 300.00
52765.025909 PROF DEVELOPMENT‐ A. TERRAZAS 225.00
52766.025911 PROF DEVELOPMENT‐D. VASQUEZ 225.00
52766.026200 EMPLOYEE RECOGNITION 359.08
52767.025933 PROF DEVELOPMENT‐ F. MARTIN 94.00
52773.022600 TRAINING 3,390.66
52773.025800 TRAVEL, LODGING & MEALS 1,433.41
52773.025907 PROF DEVELOPMENT‐L DIAS 300.00
52773.025931 PROF DEVELOPMENT‐A RODRIGUEZ 250.00
52795.132600 RIVER BLUFF TANK DESIGN/ENVIRON 318,296.71 52795.140400 PUBLIC WORKS FACILITY MASTER PLAN 19,125.00 52795.152600 SCADA SYSTEM IMPROVEMENTS 127,453.28
52795.173900 SYSTEM IMPROVEMENTS 24,743.54
52795.174100 RPLCMNT PROJECTS 68,749.87
52795.201100 URBAN WTR MGMT PLAN UPDATE 75,000.00
52795.201300 IRRIGATION SYSTEM IMP/WTR CONSERVATION 31,293.65 52795.201700 WTR  MAIN:RIVERBLUFF TANK TO MITCHELL 250,000.00 52795.201800 WTR MAIN HATCH RD: CENTRAL TO MOFFETT 250,000.00 52795.800500 WTR2210 WELL 16 WELLHEAD TREATMENT 22,859.00 52795.800500 WTR2211 WELL 22 WELLHEAD TREATMENT 1,429,200.00 52795.800500 WTR2212 WELL 35 WELLHEAD TREATMENT 895,100.00 52795.800500 WTR2213 PAINT/MAINTENANCE OF BLAKER RESERVOIR PUMP STATION 250,000.00 52795.800500 WTR2214 ANNUAL WATER SYSTEM REHAB 21-22 500,000.00 52795.800500 WTR2120 RIVERBLUFF 3MG TANK CONSTRUCTION 1,524.32 52795.800500 WTR2122 LOCAL  FACILITIES PROJECT 175,755.35 52795.800500 WTR2117 WATER  SYSTEM REHAB FY 20‐21 750,000.00 52795.800500 WTR2116 WELL  28 CONCRETE FLOOR & RETAINING WALL FY 20‐21 150,000.00 52795.800500 WTR2115 WATER  CONSERVATION SYSTEM IMPROVEMENTS FY 20‐21 100,000.00 52795.800500 WTR2114 CORP  YARD FACILITY IMPROVEMENTS FY 20‐21 400,000.00 52795.800500 WTR2113 ANNUAL  WELL HEAD TREATMENT FY20‐21 779,093.24 52795.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 19,898.64 FUND TOTAL 6,645,044.75
52895.201600 WELLHEAD TREATMENT 500,000.00
52895.800500 WTR2118 WELLHEAD  TREATMENT FY 20‐21 500,000.00 52895.800500 WTR2119 BLAKER  PUMPING STATION IMPROVEMENTS FY 20‐21 250,000.00 FUND TOTAL 1,250,000.00
54095.201500 WTR SYSTEM IMPROVEMENTS 200,000.00
54095.201700 WTR MAIN:RIVERBLUFF TANK TO MITCHELL 200,000.00 54095.201800 WTR MAIN HATCH RD: CENTRAL TO MOFFETT 150,000.00 54095.800500 WTR2214 ANNUAL  WATER SYSTEM REHAB 21‐22 500,000.00 54095.800500 WTR2117 WATER  SYSTEM REHAB FY 20‐21 750,000.00 FUND TOTAL 1,800,000.00
56718.025927 PROF DEVELOPMENT‐K MORGAN 375.00
56719.025905 PROF DEVELOPMENT‐K. WAUGH 300.00
56765.025909 PROF DEVELOPMENT‐ A. TERRAZAS 225.00
56766.025911 PROF DEVELOPMENT‐D. VASQUEZ 225.00
56766.026200 EMPLOYEE RECOGNITION 1,234.05
56767.025933 PROF DEVELOPMENT‐ F. MARTIN 94.00
56773.022600 TRAINING 3,389.67
56773.025800 TRAVEL, LODGING & MEALS 1,432.91
56773.025907 PROF DEVELOPMENT‐L DIAS 300.00
56773.025931 PROF DEVELOPMENT‐A RODRIGUEZ 250.00
56795.132300 STORM DRAIN MASTER PLAN 29,715.00
ITEM 14
EXHIBIT "A"
Account Project # AMOUNT FUND  TOTAL

EXPENDITURES
56795.140400 PUBLIC WORKS FACILITY MASTER PLAN 28,395.00 56795.141600 SEWER‐REHAB AND REPLACEMENT 45,806.50
56795.152000 SCADA SYS IMPROVE‐SD & WWATER 113,272.78
56795.161400 SEWER REHAB/REPLACE 15,706.07
56795.161800 UPGRADE STORM LIFT STATION 30,252.00
56795.171200 TRAF SIGNAL‐MORG/SRVC RD 250,000.00
56795.171300 UPGRADE 2 STRMDRN LIFT STATIONS 150,000.00 56795.172600 PLANT UPGRADES 143,495.35
56795.173000 SAND FILTER LIFT STATION 1,444,065.00
56795.173100 EXPORT PIPE LINE MAINTENANCE 447,738.92
56795.173300 FOWLER EAST LIFT STATION 250,000.00
56795.173500 RICHLAND MARKET LIFT STATION 250,000.00
56795.200700 WWTP UPGRADES 100,000.00
56795.200800 WWTP SCADA SYSTEM UPGRADES 250,000.00
56795.200900 SWR & STRM DRAIN L/S UPGRADES 774,873.42
56795.201000 WWTR SYSTEM IMPROVEMENTS 894,501.74
56795.202000 WASTEWATER BOND REFUND PROJECT 23,263.31
56795.402800 WALGREENS LIFT STATION 572,000.00
56795.800500 SWR2208 WWTP REHAB & REPLACEMENT 21-22 100,000.00 56795.800500 SWR2209 ANNUAL SEWER SYSTEM REHAB 21-22 1,200,000.00 56795.800500 ENG2227 ATP  SRTS MORGAN CORRIDOR (072) RESO22‐31 79,898.64 56795.800500 SWR2102 WWTP  ROADWAY IMPROVEMENTS FY 20‐21 250,000.00 56795.800500 SWR2109 WWTP  REHAB & REPLACEMENT FY 20‐21 100,000.00 56795.800500 SWR2110 CORP  YARD FACILITY IMPROVEMENTS 399,190.00 56795.800500 SWR2111 WESTPOINTE  LIFT STATION IMPROVEMENTS FY 20‐21 1,000,000.00 56795.800500 SWR2112 SCHOOL  FARM ABANDONMENT FY 20‐21 50,000.00 FUND TOTAL 8,999,999.36
57195.174900 ACE STATION IMPROVEMENTS 7,600.00
FUND TOTAL 7,600.00
67995.200200 WHITMORE PRK GAZEBO UPGRADES 75,000.00
67995.800500 FAC2105 AUDIO  VISUAL SYSTEM UPGRADES FY 20‐21 20,000.00 FUND TOTAL 95,000.00
73795.172300 STRAWBERRY BATHROOM PROJECT 7,290.00
73795.800500 ENG2121 WESTPOINTE  SUBDIVISION LANDSCAPE IMPROVEMENT RESO20‐79 39,594.72 FUND TOTAL 46,884.72
TOTAL EXPENIDTURES ############
10010.005644 STEP  GRANT 45,966.61
FUND TOTAL 45,966.61
22410.005677 OTS TRAFFIC RECORDS IMP GRANT 73,900.00
FUND TOTAL 73,900.00
26010.005601 2020 COVID19 EMERG SUPP FUND 119.30
FUND TOTAL 119.30
TOTAL REVENUES 119,985.91$

REVENUES
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 2022- 114, Awarding the Construction Contract for Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower to Machado & Sons Construction Inc. , Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends awarding the Contract for the Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower in the amount of $154,612.00 to Machado & Sons Construction Inc., authorizing a 10% contingency of $15,461.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

The City of Ceres Fire Department, in collaboration with neighboring Fire Departments, has proposed the site for the Regional Fire Training Facility at the Ceres Fire Station No. 3 located at 420 Service Road. The project consists of grading, reinforced concrete foundation, and an additional fire hydrant in preparation for the installation of the proposed fire training facility structures which will be presented to Council under a separate project at a later date. The total estimated project cost including the site improvement and fire training facility structures is estimated to be $ 950,000 including 10% contingency.

II. REASONS FOR RECOMMENDATION:

Proposals for the construction of the site improvements were due on August 10, 2022. Of the four (4 ) bids received, Machado & Sons Construction Inc., submitted the lowest responsive and responsible bid in the amount of $154,612.00. A ten percent contingency of $15,461. 00 brings the project total to $170,073. 00. A memo with the detailed comparison of the bid results is attached.

ITEM 15
III. FISCAL IMPACTS:

The site improvement project cost was included and programmed in the FY 2021/22 Capital Improvement Plan (CIP) account number 499.95.200100 in the amount of $300,000.00. A budget amendment is anticipated at a future date once a proposal is received for the fire training facility structures.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The Ci ty Council can choose to direct staff to reject the bids and re-bid the project; or reject the bids and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department coordinated with the Public Works Department and Fire Department.

VII. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15311 and 15301.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Bid Results
ITEM 15
RESOLUTION NO. 2022-114

AWARDING THE CONSTRUCTION CONTRACT FOR FIRE STATION
NO. 3 SITE IMPROVEMENTS FOR THE FIRE TRAINING FACILITY
PHASE 2 TACTICAL TOWER TO MACHADO & SONS
CONSTRUCTION INC., AUTHORIZING A 10% CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower Improvements were due on August 10th, 2022; and

WHEREAS, the lowest responsive and responsible bid for Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower Improvements was received from Machado & Sons Construction Inc., for an amount of $154,612.00; and

WHEREAS, a construction contingency in the amount of 10% or $15, 461.00 is appropriate to accommodate any unforeseen costs bringing the total authorization to $170,073.00; and

WHEREAS, the Site Improvements for the Fire Training Facility Phase 2 Tactical Tower Improvements was programmed in the FY 2021/22 Capital Improvement Program by the City of Ceres in account number 499.95.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for Fire Station No. 3 Site Improvements for the Fire Training Facility Phase 2 Tactical Tower to Machado & Sons Construction Inc., authorize a 10% contingency, and authorize the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

______________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $15,000.00 $15,000.00 $8,200.00 $8,200.00 $20,000.00 $20,000.00 $8,100.00 $8,100.00 2 Demolition & Disposal of
Material LS 1 $7,500.00 $7,500.00 $6,430.00 $6,430.00 $25,420.00 $25,420.00 $20,100.00 $20,100.00 3 Grading & Earthwork (Fill) CY 120 $180.00 $21,600.00 $287.50 $34,500.00 $150.00 $18,000.00 $314.70 $37,764.00 4 Reinforced Concrete Foundation LS 1 $125,000.00 $125,000.00 $65,950.00 $65,950.00 $83,730.00 $83,730.00 $109,700.00 $109,700.00 5 Crushed Rock CY 55 $380.00 $20,900.00 $203.00 $11,165.00 $241.00 $13,255.00 $319.00 $17,545.00 6 6" PVC Piping, Fire Hydrant &
Disinfection LS 1 $30,000.00 $30,000.00 $28,367.00 $28,367.00 $32,986.00 $32,986.00 $28,510.00 $28,510.00 $220,000.00 $154,612.00 $193,391.00 $221,719.00
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $15,000.00 $15,000.00 $20,826.00 $20,826.00 2 Demolition & Disposal of
Material LS 1 $7,500.00 $7,500.00 $24,079.00 $24,079.00 3 Grading & Earthwork (Fill) CY 120 $180.00 $21,600.00 $419.63 $50,355.00 4 Reinforced Concrete Foundation LS 1 $125,000.00 $125,000.00 $89,689.00 $89,689.00 5 Crushed Rock CY 55 $380.00 $20,900.00 $377.49 $20,762.00 6 6" PVC Piping, Fire Hydrant &
Disinfection LS 1 $30,000.00 $30,000.00 $50,891.00 $50,891.00 $220,000.00 $256,602.00TOTAL BID:

SUB-CONTRACTORS:

RELIABLE FIRE & SECURITY
Engineer's Estimate TCB INDUSTRIAL INC.

MODESTO, CA
SUB-CONTRACTORS:

FIRE TRAINING FACILITY PHASE 2 TACTICAL TOWER

BID TABULATION SHEET
BID DUE: AUGUST 10, 2022 at 2:00 PM
Engineer's Estimate

MACHADO & SONS
CONSTRUCTION INC. F. LODUCA CO.

TURLOCK, CA STOCKTON, CA
(P22-002)

UNITED PAVEMENT MAINTENCE

HUGHSON, CA
TOTAL BID:

NONENONENONE
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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected] (209) 538-5775
SUBJECT:

Resolution No. 2022- 115, Authorizing Amendment No. 12 to the Agreement for Professional Consultant Services between the City of Ceres and NV5, Inc. to Increase the 95% P lans, Specifications, and Estimate Design Budget for the SR99 Service Road/Mitchell Road Interchange
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council adopt a resolution authorizing Amendment No. 12 to the agreement for p rofessional cons ultant services between the City of Ceres and NV5 Inc. to increase the 95% plans, specifications, and estimate (PS&E) design budget for the SR99 Service Road/Mitchell Road Interchange of Resolution No. 2021- 11, dated January 25, 2021, in the amount of $399,329.00.

I. BACKGROUND:

NV5, Inc. (formerly known as Nolte Associates) has been involved with the SR99 Service Road/Mitchell Road Interchange from project initiation. Their current contract with the City was originally executed in 2006 and was intended to move the i nterchange project to the next step. The agreement has been amended eleven (11) times to include additional work items associated with project change conditions. Recent amendments include:
• Amendment No. 9 (Resolution No. 2018-065) for the preparation of the 65% PS&E) • Amendment No. 10 (Resolution No. 2019- 10) for preparation of the p roject approval/environmental document (PAED)
• Amendment No. 11 (Resolution No. 2021-11) for the preparation of the 95% PS&E Proposed Amendment No. 12 is required to reflect recent project change conditions regarding scope that was not part of the original design scope of Amendment No. 11. The additional design scope required to complete the 95% PS&E is as follows:

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a) Need for potholing of existing conflicting utilities and related field survey b) Caltrans required revisions to the u pdated foundation reports due to Soil Type S2 policy change
c) Caltrans required structural design revisions in co mpliance with the revised foundation recommendations
d) Caltrans required lane closure charts required by Caltrans in support of a t raffic management plan
e) Need for special foundation design for proposed ramp meter pole at the southbound on-ramp from Service Road
f) N eed for NV5 independent check of the special foundation design prepared by Kimley-Horn
II. REASO NS FOR RECOMMENDATION:

Seismic safety and traffic safety are the primary reasons for the recommendation. Specific reasons include:
a) Utility design accuracy requires potholing and related field surveying are required to identify existing conflicting utilities at 36 identified locations in order to prepare the utility relocation plans
b) Structural safety concerns, updated foundation reports are required to comply with the Caltrans 2019 Seismic Design Criteria on all new bridge designs with Soil Type S2
c) Seismic safety concerns over soil types requires revised foundation design d) Seismic safety compliance requires foundation redesign e) Traffic safety concerns require l ane closure charts to support the Traffic Management Plan
f) Foundation safety concerns require a special design foundation for the ramp meter pole at southbound on-ramp from Service Road
g) Seismic safety and best management practices require third party review of seismic bridge foundation designs.

III. FISCAL IMPACTS:

Currently, $9,165,948 has been approved under contract with NV5 through amendment #11. The additional design scope described in parts (a)-(g) above is estimated to increase the NV5 95% budget by an amount of $399,392. The funding source will be split equally between Measure L Regional Funding and Local Development Impact Fees (Street Funds 251). No budget amendment is required.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This amendment is in conformance with the first priority of the Strategic Plan to improve the City’s infrastructure and traffic safety.

V. POLICY ALTERNATIVES:

The amendment is required to move the project forward.

VI. INTERDEPARTMENTAL COORDINATION:

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The Engineering Department has been assisting in the review of the design of the project.

VII. P UBLIC PARTICIPATION:

Public participation/involvement is not expected during the final design of the project.

VIII. EN VIRONMENTAL REVIEW :

No additional environmental review is required at this time.

IX. ST EPS FOLLOWING APPROVAL :

Provide the City Manager the authorization to increase the NV5, Inc. 95% PS&E design budget for the SR99 Service Road/Mitchell Road interchange by $399,392.00.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Amendment 12 to Design Agreement

3. Scope

4. Measure L SR-99 Interchange Cooperation Agreement

5. Design Agreement 2006
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RESOLUTION NO. 2022-115

AUTHORIZING AMENDMENT NO. 12 TO THE AGREEMENT

FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF CERES AND NV5, INC. TO INCREASE THE 95% PLANS, SPECIFICATIONS, AND ESTIMATE DESIGN BUDGET FOR THE SR99 SERVICE ROAD/MITCHELL ROAD

INTERCHANGE

THE CITY COUNCIL
City of Ceres

WHEREAS, the City and NV5, Inc. (formerly known as Nolte Associates) previously entered into an agreement titled “Standard Agreement for Consultant Services” approved May 22, 2006 and executed on June 12, 2006 (the original agreement); and

WHEREAS, eleven (11) previous amendments to the a greement were approved to reflect prior Project Changed Conditions; and

WHEREAS, the additional design scope requested under Amendment No. 12 is not part of the original design scope but reflects recent Project Changed Conditions; and

WHEREAS, recent Project Changed Conditions include: (a) need for potholing of existing conflicting utilities and related field survey; (b) Caltrans required revisions to the updated foundation reports due to Soil Type S2 policy change; (c) Caltrans r equired structural design revisions in compliance with the r evised foundation recommendations; (d) Caltran s required lane closure charts required by Caltrans in support of a t raffic management plan; (e) need for special foundation design for proposed ramp meter pole at the southbound on-ramp from Service Road; and (f) need for NV5 independent check of the special foundation design prepared by Kimley-Horn; and

WHEREAS, by this resolution, Amendment No. 12 provides an additional $399,392.00 to the NV5, Inc. SR99 Service Road/Mitchell Road Interchange 95% Plans, Specifications, Estimates ( PS&E) Design Budget of Resolution No. 2021- 11, dated January 25, 2021; and

WHEREAS, the total compensation due under the terms of the original agreement, together with a mendments 1 - 12, has increased the total SR99 Service Road/Mitchell Road interchange project PS&E design costs to approximately $9,565,340.00 to date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby authorizes Amendment No. 12 to the agreement for professional consultant services between the City of Ceres and NV5, Inc. to increase the 95% plans, specifications, and estimate design budget for the SR99 Service Road/Mitchell Road Interchange.

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Resolution No. 2022-115; Page 2 of 2
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of August 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Fallon Martin, City Clerk

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AMENDMENT NO. 12

TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
BETWEEN THE CITY OF CERES AND NVS, Inc. (formerly NOLTE ASSOCIATES) FOR THE MITCHELL/SERVICE/SR 99 INTERCHANGE

This Amendment No. 12 to the Agreement For Professional Consultant Services with NV5, Inc. (formerly Nolte Associates) dated February 11, 2019, is made by and between the City of Ceres, a municipal corporation, "CITY", and NV5, Inc. (formally Nolte Associates), "CONSULTANT", and collectively referred to as the "PARTIES".

RECITALS

A. The "PARTIES" previously entered into an Agreement entitled "Standard Agreement for Consultant Services" approved on May 22, 2006 (the Original Agreement) and executed on June 12, 2006 (the Original Agreement).

B. Previous amendments to the Original Agreement ha ve been made and the parties wish to make a further Amendment No. 12 to provide as stated herein.

C. The parties wish to refine and update the current scope of services to reflect changed project conditions and updated information to complete the Plans, Specifications and Estimates (PS&E) component of the Original Agreement.

D.

The total compensation due under the terms of the Original Agreement, together with Amendments 1-11, is increased by the amount of $399,392 by this Amendment 12.

NOW THEREFORE the PARTIES agree as follows:

1. The "Scope of Services" contained in the Original Agreement, together with Amendments 1- 12, is amended to include the items set forth in EXHIBIT "A", attached hereto.

2. Except as amended as provided herein, all of the remaining terms and conditions of the Original Agreement executed May 22, 2006, shall remain in full force and effect. If any provisions of the Original Agreement executed May 22, 2006, are inconsistent with the provisions of this Amendment No.12, the provisions of this Amendment No. 12 shall control.

3. CITY will provide specific written authorization for task items consistent with allocated budget for the project.

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IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO.12 TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH NV5, Inc. (formerly NOLTE ASSOCIATES) on the dates indicated below.

Dated: ______________________, 2022

Dated: ______________________, 2022
CITY OF CERES, a municipal corporation

By_______________________________
Signature

Alex Terrazas, City Manager
__________________________________
Name and Title

CONSULTANT

By_______________________________
Signature

_________________________________
Name and Title

APPROVED AS TO FORM

__________________________________

CITY ATTORNEY

CONSULTANT’s Federal ID #

__________________________________

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Utility Locating by Electronic Detection, GPR, Vacuum Excavation, Rebar Scanning, Cathodic Protection

~ Delivering Excellence with a Sense of Urgency ~ ™

®
EXARO Technologies Corporation
1831 Bayshore Highway* Burlingame, CA 94010
Phone (650) 777-4324
General Engineering Contractor # 860376

July 20, 2022

Darab Bouzarjomehri [Tel] 760-580-8159
NV5
15092 Avenue of Science, Suite 200
San Diego, CA 92128

RE: R2 - EXARO is pleased to provide this proposal for Vacuum Excavation (potholing) on the Mitchell Road Interchange Project in the City of Ceres, CA.

Scope**

1. Mark out boundaries, notify USA and coordinate with utilities

2. Prepare Traffic Control Drawings 'Standard' (none engineer stamped)

3. Obtain Permits (excludes permit fees and bonds) unless otherwise notified

4. Implement Traffic Control – shift traffic, shoulder work & flaggers (2-man crew, 5 day & 4-man crew, 2.5 days)

5. Vacuum excavate 36 potholes (standard 1’x1’) to confirm underground utilities per furnished drawings

6. Backfill with CDF/slurry in pavement and native material in dirt

7. Repair asphalt with hot mix asphalt paving (12” T-cut)

8. Repair concrete sidewalk score mark to score mark

9. Provide vertical and horizontal location of utilities referenced to existing infrastructure

Proposal Fee **Fee is binding to assumptions regardless of omission on contract (Bonds, Permits, Deposits billed at cost +15%) $ 120,823
 Add approximately $2,300 for $5M/$10M Railroad Protective Liability Insurance premium (not included in above price)  Add approximately $575 for Contractors Endorsement (not included in above price)  Add approximately $1,264 for UPRR safety training if required (4-hr training)  Add approximately $1,914 for ERailSafe badging and training  Add approximately $1,200 for each railroad safety flagger each day as needed

Assumptions

1. General Conditions pg. 2 apply unless noted otherwise on this page

2. Access - All pothole locations will be accessible to EXARO equipment and crew

3. Work Time - No night work is assumed for this pricing

Schedule - Project is estimated to take 15 working days. This proposal is valid for 90 days.

Payment - Terms for payment are 5 days net or per noted on Contract Terms.

Thank you for the opportunity to provide this proposal Mr. Bouzarjomehri. Please call me if you have any questions.

Kindest Regards,
Arthur Servin Signature
Arthur Servin Print Name
Estimator Title
EXARO Technologies Corporation NV5
www.exarotec.com Date

CC: Jose Dominguez
ATTACHMENT "A"
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Utility Locating by Electronic Detection, GPR, Vacuum Excavation, Rebar Scanning, Cathodic Protection

~ Delivering Excellence with a Sense of Urgency ~ ™

®
EXARO Technologies Corporation
1831 Bayshore Highway* Burlingame, CA 94010
Phone (650) 777-4324
General Engineering Contractor # 860376

Attachment G – General Conditions apply unless specified otherwise

1.0 Client is to provide: (client refers to authorizing signature and agency and or owner it represents)

1.1 All necessary permits required to complete this project at no cost to EXARO unless specified otherwise

1.2 Any special conditions and or work restrictions on project and or project area

1.3 Cancellations less than 24 hours prior to scheduled start of work will be billed at $800.00

1.4 Coordinate access to restricted areas when necessary

1.5 Escalation – All costs are firm until end of June 2023. Any work done beyond the said date is subject to cost escalation.

1.6 Name and address where to submit invoicing

1.7 Payment 60 days net or within 10 days of receipt of payment.

1.8 Preliminary Lien information including owner name and address

1.9 Retention – Any retention shall not exceed 90 days after EXARO’s portion of work is complete and invoiced.

Retention exceeding 90 days from last invoice will be re-invoiced at retention plus 10%.

1.10 Soils reports if available

1.11 One hard copy sets of full-size scaled drawings

1.12 USA – If EXARO’s scope excludes performing USA then:

1.12.1 PRIME is to provide EXARO a copy of USA ticket for all the work locations.

1.12.2 EXARO assumes no responsibility or liability for any damage to unknown underground utilities.

PRIME to pothole any utilities within the excavation area and provide pothole data to EXARO

2.0 EXARO Technologies Corporation is to provide

2.1 Backfill with native material compacted to 95% or greater

2.2 Bagged patch paving (unless otherwise specified) warranted for 1 yr, hot mix for 2 yrs

2.3 Highly skilled foreman and technicians as needed to deliver excellence

2.4 Proposal based on pothole depths not to exceed 5 feet unless specified otherwise. Pothole will be performed over respective utility USA marks unless directed otherwise by client. Should the utility not be found over USA marks, any additional potholes requested or excess footage will be considered extra work and will be billed accordingly.

2.5 Traffic control consisting of construction signs and delineation (if included). Unique local agency requirements requiring additional resources subject to additional fees

2.6 Vacuum excavation truck and other standard equipment required to perform work

3.0 Exclusions/Other [* Can be provided for an additional fee]

3.1 *As built drawings not included

3.2 *Bonds, Permits, Deposits, Railroad Flagman are pass through costs billed at 15% of amount rendered

3.3 *Dewatering/Hazardous material encountered not included in above fees.

3.4 *Paint removal, Striping restoration & Survey of results not included

3.5 Insurance or other in excess of Auto 1M, GL 8M, Poll 1M, Prof 1M, WC 1M billed at cost +15%

3.6 Potholing price based on normal moderate soil conditions . Where pavement thickness exceeds 6” and or extreme soil conditions such as hard pan, dense clay, rocky and or water table exists additional fees will be applied due to increased time to vacuum excavate.

3.7 Schedule of work is subject to change due to inclement weather

3.8 Stand-by time, or delays caused by others will be billed at prorated 8-hour day.

3.9 Training or requested meetings not specifically identified in proposal will be additional fees

3.10 Work hours – proposal based on 8-hour workdays or call out minimum Portal to Portal unless

3.11 Proposal based on pothole depths not to exceed 5 feet unless specified otherwise and will excavated over the USA markings, should the utility not be found over existing marks, any additional potholes required will be considered extra work. Excess footage will be billed accordingly.

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LAND SURVEY PROPOSAL

H:\31043-Ceres-Mitchell Interchange\Project Management\Potholing\Proposal\PROP-2022-07-19-Survey-Potholing-31043.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

1 of 2

Date: July 19, 2022

To: Darab Bouzarjomehri, PE
NV5

From: Dylan Crawford, P.L.S.; Bill Koch, P.L.S.

Re: Ceres-Mitchell Interchange / 31043

Project Description
Field and office surveying to incorporate potholing data into the project base mapping.

Mapping Limits
See blue circles marked on the attached Utility Plan sheets (U-5, U-10, U-11, U-13, U-14, U-15) for project number & phase 10000003751.

Scope of Work
Survey Support for Subsurface Utility Potholing
a. Client will contract with a utility pothole contractor to pothole 36 locations. b. O’Dell Engineering will provide two (2) days of field surveying and associated office support to measure the position of previously excavated subsurface utility pothole locations. c. It is understood that pothole locations will have been backfilled and restored prior to the field surveying.

O’Dell Engineering will locate the potholes based on surface-visible disturbance where the restoration occurred, as well as at any visible markings or reference points left behind at each location. d. Client will obtain a summary/report from the contractor that includes, at a minimum: unique pothole location identifiers, description of utility (type, material, size, etc.), and depth to the utility. e. O’Dell Engineering will combine their measurements with the pothole summary to produce updated base mapping that includes, for each location: the horizontal position of the pothole, the elevation of the utility as it was located, and any supplementary description of said utility, including its unique identifier.

DELIVERABLES:
▪ Digital copy of the survey base mapping in AutoCAD Civil 3D 2018 format, revised as described above.

Compensation:
$ 16,000.00 Time & Materials Basis, Not to Exceed

Client to Provide:
a. Site access.
b. Potholer coordination.
c. Existing utility records, including as-builts, record drawings, plans, or GIS information, knowingly possessed by or available to client/owner.

Limitations:
a. Scope does not include meeting attendance.

ATTACHMENT "B"
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LAND SURVEY PROPOSAL

H:\31043-Ceres-Mitchell Interchange\Project Management\Potholing\Proposal\PROP-2022-07-19-Survey-Potholing-31043.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

2 of 2

b. Scope assumes that traffic control will not be required. If traffic control is needed due to project conditions or local agency requirements a briefing with the Client will be arranged, and work will proceed only after authorization from the Client. The Client will be responsible for costs associated with traffic control. c. Scope is limited to one (1) day of traffic control at prevailing wage rates. Includes encroachment permit coordination and submittal fees. Does not include custom/engineered traffic control plans. d. Scope is limited to one (1) day of railroad flagging. Includes UPRR encroachment permit coordination. e. Obstructed or inaccessible areas may not be mapped.
f. Scope does not include research, mapping, locating, or any other form of subsurface utility investigation or verification.
g. Scope does not include utility design, relocation coordination, permitting, or any other related activities. h. Scope does not include survey monument preservation as defined and required by Section 8771 of th e Professional Land Surveyors’ Act.
i. Scope does not include boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act.

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1 Attachment “D”

P
reliminary foundation reports (submitted in December 2017 and updated in June 2019) prepared for the project (35% design) utilized the guidelines presented in Caltrans Seismic Design Criteria v.1.7 (SDC

1.7 - dated April 2013). On April 29, 2019, Caltrans published a memorandum stating the following:

“Effective September 1, 2019, all ordinary bridges without a previous Type Selection approval shall be designed in accordance with Caltrans Seismic Design Criteria Version 2.0 (SDC 2.0). All projects with a Type Selection approval before September 1, 2019, shall have the option to either continue using the SDC version at the time of Type Selection or may use SDC 2.0 at the discretion of the Project Engineer”.

Our Type Selection meeting was held on Wednesday, August 28, 2019 in Sacramento, and was approved on October 4, 2019. On October 31, 2019, Caltrans published a memorandum regarding implementation of new interim revisions to Seismic Design Criteria Version 2.0 (SDC 2.0) as follows. The revisions were necessary due to the adoption of the 2014 USGS California Seismic Hazard Map by Caltrans.

“Effective December 1, 2019, all ordinary bridges without an approved Type Selection shall be designed in accordance with Caltrans Seismic Criteria Version 2.0 and the October 2019 Interim Revisions to Caltrans Seismic Design Criteria Version 2.0”.

Additional change to SDC 2.0 were provided in Caltrans' Errata dated July 10, 2020.

SDC Version 2.0 incorporates technical revisions, clarifications, additional design provisions, and editorial enhancement to SDC Version 1.7. A Table of Revision with respect to revisions between SDC

1.7 to SDC 2.0 is provided as an attachment to his document. Regarding changes related to new Class S2 type soil designations, the following is noted:

• SDC 2.0 Section 5.2.2 Inelastic Static Analysis (ISA)) – Commonly referred as “pushover” analysis, the following guidance is provided:

“Except as provided herein, Inelastic Static Analysis (ISA) shall be used to determine the displacement capacity, ΔC of a frame or bent, provided the seismic response of the structure is d
ominated by a single translational mode of vibration. ΔC shall correspond to the lateral capacity o
f the bridge or bent when any plastic hinge reaches its ultimate curvature capacity, ϕu. ISA shall b
e performed with the dead load applied while a lateral static load or displacement is applied at the center of gravity of the superstructure or the bent cap. Nonlinear soil-foundation-structure interaction shall be taken into account by means of soil springs. Abutment stiffness shall be included, as specified in Sections 6.3.1 and 6.3.2.

For bridges where Equivalent Static Analysis (ESA) may be used to determine displacement demand as specified in Sections 4.2 and 4.2.1, “Local Displacement Capacity” equations may be used as the ISA.”

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2 • SDC 2.0, Section 6.1.2 Class S1 Soil – The section defines the characteristics of Class S1 soil (previously competent) to incorporate ALL of the following characteristics. Subsurface soils for the project don’t meet the required Class 1 soil criteria for Shear Wave Velocity.

o Standard penetration test, (N1)60 ≥ 30 (Granular soils) o Undrained shear strength, su > 2000 psf (Cohesive soils) – NOT APPLICABLE AS MOST

SUBSURFACE SOILS ARE GRANULAR
o Shear wave velocity, vs > 886 ft/sec
o Not susceptible to liquefaction, lateral spreading, or scour

• SDC 2.0, Section 6.1.3 Class S2 Soil – Designates that any soil that does not satisfy the requirements of Class 1 shall be classified as “Class S2”. Lateral analysis as specified in SDC 2.0, Section 6.2.4.2 is required for foundations in Class S2 soils. As noted in the criteria (commentary C6.1.3) “The lateral and vertical force-deformation responses of Class S2 soil have a significant effect on the foundation response and subsequently on the overall response of the bridge.

Therefore, lateral analysis is considered in the design”.

• SDC 2.0, Section 6.2.4.2 Comprehensive Foundation Design – Specifies that “Pile/shaft foundations in Class S2 soils shall be analyzed using Inelastic Static Analysis (ISA) as specified in Section 5.2.2, including soil-foundation-structure interaction as illustrated in Figure 6.2.4.2-1. For preliminary design, pile foundations in Class S2 soils may be analyzed using a simplified model, However, ISA shall be performed for the final design of the foundation”.

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4 The following is a summary of additional geotechnical services completed as a results of direction provided in SDC 2.0 for a Comprehensive Foundation Analysis.

Subtask
Structure
Service Road
Overhead
Service Road
Overcrossing (right)
Services Road
Overcrossing (Left)
Assessment of Design
Requirements Presented
in Caltrans Seismic
Design Criteria (SDC 2.0),
dated April 2019
Necessary for
Comprehensive
Foundation Analysis

Necessary for
Comprehensive
Foundation Analysis

Necessary for
Comprehensive
Foundation Analysis

Ongoing coordination
with Geotech and Bridge
Engineer to confirm
assumptions and
parameters provided to
address dynamic analysis
requirements for Class S2
type soils as defined in
SDC 2.0.

Necessary for
Comprehensive
Foundation Analysis

Necessary for
Comprehensive
Foundation Analysis

Necessary for
Comprehensive
Foundation Analysis

Development of T-Z
(Stress-Displacement)
curves as they are used
to assess load transfers
in side resistance of deep
foundations. Being used
for dynamic analysis of
deep foundations located
in Class S2 type soils.

Completed for Bent 2
and Bent 3
substructure
foundation locations
Completed for Bent 2
substructure
foundation location
Completed for Bent 2
substructure
foundation location
Further revision of T-Z
curves to simplify the
dynamic analysis
performed by the
Structural Engineer.

Completed for Bent 2
and Bent 3
substructure
foundation locations
Completed for Bent 2
substructure
foundation location
Completed for Bent 2
substructure
foundation location
Preparation/presentation
of P-Y curves for use in
simulating the response
of soil resistance (P) to
pile deflection (Y) under
lateral loading. Being
used for dynamic analysis
of deep foundations
located in Class S2 type
soils
Completed for all
substructure
foundation locations
Completed for all
substructure
foundation locations
Completed for all
substructure
foundation locations
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Attachment "E"
Additional Hours that was spent in December of 2021, and in January of 2022 for the changes in Caltrans soil type S2 Standards and required analysis.

Task
O1C
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

1.00 1.00 124.00

1.50 1.50 186.00

2.00 2.00 248.00

2.00 2.00 248.00

1.00 1.00 124.00
.50 .50 110.50

2.00 2.00 442.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 124.00
.50 .50 62.00

1.00 1.00 124.00

5.00 5.00 620.00

1.00 1.00 124.00

2.00 2.00 248.00

1.00 1.00 124.00
.50 .50 62.00

36.00 36.00 5,773.50

36.00 36.00 5,773.50

36.00 36.00 5,773.50
Phase Number: 08.1 Prep Final Struct Found Rpt & LOTB Plan Task Number: 01C Mitchell UC - NV5-CQA 138
La
bor
000 General
B G0B00682 Henderson, Carl 1/3/2022
Analysis
B G0B00696 Cunningham, Paul 12/28/2021
Analysis
B G0B00696 Cunningham, Paul 1/3/2022
Foundation Analysis
B G0B00682 Henderson, Carl 1/10/2022
Analysis
B G0B00682 Henderson, Carl 1/11/2022
Analysis
B G0B00696 Cunningham, Paul 1/21/2022
Analysis
* F G0B00682 Henderson, Carl 11/10/2021
Analysis
B G0B00696 Cunningham, Paul 1/10/2022
Analysis
B G0B00696 Cunningham, Paul 1/18/2022
Foundation reports analysis/responses
F G0B00682 Henderson, Carl 11/22/2021
Updated Analysis review
F G0B00682 Henderson, Carl 11/23/2021
Geotechnical recommendations for foundation reports
* F G0B00682 Henderson, Carl 11/15/2021
Foundation reports analysis/responses
* F G0B00682 Henderson, Carl 11/18/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/6/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/7/2021
Updated Analysis review
F G0B00682 Henderson, Carl 11/29/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/2/2021
Analysis
F G0B00682 Henderson, Carl 12/15/2021
Analysis
F G0B00682 Henderson, Carl 12/16/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/13/2021
Meeting and Analysis
F G0B00682 Henderson, Carl 12/14/2021
Analysis
F G0B00682 Henderson, Carl 12/21/2021
Analysis
F G0B00696 Cunningham, Paul 8/31/2021
Analysis
F G0B00682 Henderson, Carl 12/17/2021
Analysis
F G0B00682 Henderson, Carl 12/20/2021
Calc
F G0B00696 Cunningham, Paul 9/10/2021
PM
F G0B00696 Cunningham, Paul 10/13/2021
Analysis
F G0B00696 Cunningham, Paul 9/2/2021
Coordination
F G0B00696 Cunningham, Paul 9/9/2021
Analysis
F G0B00696 Cunningham, Paul 12/13/2021
Lateral Analysis
F G0B00696 Cunningham, Paul 12/15/2021
Analysis
F G0B00696 Cunningham, Paul 11/15/2021
Lateral Analysis
F G0B00696 Cunningham, Paul 12/9/2021
T
otal for Labor
Total for Labor and Overhead
Analysis
F G0B00696 Cunningham, Paul 12/20/2021
Project management
Total for General
ITEM 16
ITEM 16

36.00 36.00 5,773.50
Task
O2C
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

1.00 1.00 124.00

2.00 2.00 248.00

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00
.50 .50 110.50

2.00 2.00 442.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

2.00 2.00 248.00

2.00 2.00 248.00

2.00 2.00 248.00

2.00 2.00 248.00
.50 .50 62.00

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 124.00

2.00 2.00 248.00

1.00 1.00 124.00
.50 .50 62.00

1.00 1.00 124.00

5.00 5.00 620.00
Total for 01C
B G0B00682 Henderson, Carl 1/10/2022
Analysis
B G0B00682 Henderson, Carl 1/11/2022
Analysis
Task Number: 02C Ceres Canal Bridge NB & SB - NV5-CQA 138 L
abor
000 General
B G0B00682 Henderson, Carl 1/3/2022
Foundation Analysis
B G0B00696 Cunningham, Paul 1/10/2022
Analysis
B G0B00696 Cunningham, Paul 1/24/2022
Analysis
B G0B00696 Cunningham, Paul 12/29/2021
Analysis
B G0B00696 Cunningham, Paul 1/4/2022
Analysis
F G0B00123 Gau, Guillaume 11/24/2021
Principal Review
F G0B00123 Gau, Guillaume 12/3/2021
Principal Review
F G0B00123 Gau, Guillaume 5/6/2021
Principal Review
F G0B00123 Gau, Guillaume 5/13/2021
Principal Review
* F G0B00682 Henderson, Carl 11/18/2021
Foundation reports analysis/responses
F G0B00682 Henderson, Carl 11/22/2021
Updated Analysis review
* F G0B00682 Henderson, Carl 11/10/2021
Geotechnical recommendations for foundation reports
* F G0B00682 Henderson, Carl 11/16/2021
Foundation reports analysis/responses
F G0B00682 Henderson, Carl 12/2/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/6/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 11/23/2021
Updated Analysis review
F G0B00682 Henderson, Carl 11/29/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/14/2021
Analysis
F G0B00682 Henderson, Carl 12/15/2021
Analysis
F G0B00682 Henderson, Carl 12/7/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/13/2021
Meeting and Analysis
F G0B00682 Henderson, Carl 12/20/2021
Analysis
F G0B00682 Henderson, Carl 12/21/2021
Analysis
F G0B00682 Henderson, Carl 12/16/2021
Analysis
F G0B00682 Henderson, Carl 12/17/2021
Analysis
F G0B00696 Cunningham, Paul 5/5/2021
Kick off meeting
F G0B00696 Cunningham, Paul 5/6/2021
Project Management
F G0B00696 Cunningham, Paul 5/3/2021
Reponse to comments, project Management
F G0B00696 Cunningham, Paul 5/4/2021
Comment response
F G0B00696 Cunningham, Paul 8/31/2021
Analysis
F G0B00696 Cunningham, Paul 9/2/2021
PM
F G0B00696 Cunningham, Paul 5/7/2021
Project Management
F G0B00696 Cunningham, Paul 5/10/2021
Re-mob proposal
F G0B00696 Cunningham, Paul 9/10/2021
pm
F G0B00696 Cunningham, Paul 10/13/2021
Analysis
F G0B00696 Cunningham, Paul 9/3/2021
Coordination/Analysis
F G0B00696 Cunningham, Paul 9/9/2021
Analysis
F G0B00696 Cunningham, Paul 11/17/2021
ITEM 16
ITEM 16
.50 .50 62.00

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 124.00

50.00 50.00 7,897.50

50.00 50.00 7,897.50

50.00 50.00 7,897.50

50.00 50.00 7,897.50
Task
O3C
.50 .50 110.50
.50 .50 110.50

1.00 1.00 124.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00

1.00 1.00 221.00
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

3.00 3.00 372.00

1.00 1.00 124.00

14.50 14.50 2,719.50

14.50 14.50 2,719.50

14.50 14.50 2,719.50

14.50 14.50 2,719.50
Task
04C
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50

3.00 3.00 372.00

2.00 2.00 248.00

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 221.00

1.50 1.50 331.50

1.50 1.50 331.50

1.00 1.00 221.00

1.00 1.00 221.00
F G0B00696 Cunningham, Paul 12/15/2021
Analysis and coorespondence
F G0B00696 Cunningham, Paul 12/16/2021
Analysis
Analysis for 95%
F G0B00696 Cunningham, Paul 12/8/2021
Meeting
Total for Labor and Overhead
T
otal for 02C
Task Number: 03C Non Std Retaining Walls - NV5-CQA 138
Labor
F G0B00696 Cunningham, Paul 12/21/2021
Project management
Total for General
T
otal for Labor
Analysis
B G0B00696 Cunningham, Paul 1/19/2022
Project discussion, coorespondence
F G0B00682 Henderson, Carl 11/22/2021
0 00 General
B G0B00682 Henderson, Carl 1/10/2022
Analysis
B G0B00682 Henderson, Carl 1/11/2022
Analysis and comment response
F G0B00682 Henderson, Carl 12/2/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/6/2021
Updated Analysis review
F G0B00682 Henderson, Carl 11/23/2021
Updated Analysis review
F G0B00682 Henderson, Carl 11/29/2021
Meeting and Analysis
F G0B00682 Henderson, Carl 12/14/2021
Analysis
F G0B00682 Henderson, Carl 12/15/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/7/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/13/2021
Analysis
F G0B00682 Henderson, Carl 12/20/2021
Analysis
F G0B00682 Henderson, Carl 12/21/2021
Analysis
F G0B00682 Henderson, Carl 12/16/2021
Analysis
F G0B00682 Henderson, Carl 12/17/2021
meeting
Total for General
T
otal for Labor
Total for Labor and Overhead
Analysis
F G0B00696 Cunningham, Paul 12/16/2021
Analysis, coorespodence
F G0B00696 Cunningham, Paul 12/22/2021
Foundation Analysis
B G0B00682 Henderson, Carl 1/10/2022
Analysis
B G0B00682 Henderson, Carl 1/11/2022
T
otal for 03C
Task Number: 04C Service Road OC & OS - NV5-CQA 138
Labor
000 General
B G0B00682 Henderson, Carl 1/3/2022
Meeting and Analysis
B G0B00696 Cunningham, Paul 1/21/2022
Analysis
B G0B00696 Cunningham, Paul 1/25/2022
Analysis
B G0B00696 Cunningham, Paul 1/11/2022
Tz bent analysis
B G0B00696 Cunningham, Paul 1/19/2022
Foundation reports analysis/responses
* F G0B00682 Henderson, Carl 11/19/2021
Foundation reports analysis/responses
F G0B00682 Henderson, Carl 11/29/2021
Analysis
* F G0B00682 Henderson, Carl 11/11/2021
Geotechnical recommendations for foundation reports
* F G0B00682 Henderson, Carl 11/17/2021
Analysis and comment response
F G0B00682 Henderson, Carl 12/2/2021
Analysis and comment response
ITEM 16
ITEM 16
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 110.50
.50 .50 62.00

1.00 1.00 124.00

2.00 2.00 248.00

1.00 1.00 124.00

1.00 1.00 124.00
.50 .50 62.00

1.00 1.00 124.00

5.00 5.00 620.00

1.00 1.00 124.00

2.00 2.00 248.00

35.00 35.00 5,504.00

35.00 35.00 5,504.00

35.00 35.00 5,504.00

35.00 35.00 5,504.00
135.50 135.50 21 ,894.50
61 73.5
Analysis and response to comments
F G0B00682 Henderson, Carl 12/7/2021
Analysis and response to comments
F G0B00682 Henderson, Carl 12/13/2021

F G0B00682 Henderson, Carl 12/6/2021
Analysis
F G0B00682 Henderson, Carl 12/16/2021
Analysis
F G0B00682 Henderson, Carl 12/17/2021
Meeting and Analysis
F G0B00682 Henderson, Carl 12/14/2021
Analysis
F G0B00682 Henderson, Carl 12/15/2021
Analysis
F G0B00696 Cunningham, Paul 6/22/2021
Project Management/Coordination
F G0B00696 Cunningham, Paul 8/12/2021
Analysis
F G0B00682 Henderson, Carl 12/20/2021
Analysis
F G0B00682 Henderson, Carl 12/21/2021
PM
F G0B00696 Cunningham, Paul 9/9/2021
Analysis
F G0B00696 Cunningham, Paul 9/10/2021
Project Management
F G0B00696 Cunningham, Paul 8/31/2021
Analysis
F G0B00696 Cunningham, Paul 9/2/2021
Analysis for 95%
F G0B00696 Cunningham, Paul 12/7/2021
Analysis
F G0B00696 Cunningham, Paul 12/15/2021
PM
F G0B00696 Cunningham, Paul 10/13/2021
Analysis
F G0B00696 Cunningham, Paul 11/19/2021
T
otal for 04C
Task Number: 05C Overhead Sign Foundation - NV5-CQA 138 Total for 05C
Total for 08.1
Analysis
Total for General
T
otal for Labor
Total for Labor and Overhead
ITEM 16
ITEM 16
ATTACHMENT "F"
ADDITIONAL STRUCTURAL EFFORT FOR S2 SOIL (SEE BELOW)
Steve D Aki G. Daniel S. David S. Jack A.

9.00 9.00 1,305.00 9

9.00 9.00 1,305.00 9

9.00 9.00 1,305.00 9

3.00 3.00 435.00 3

2.00 2.00 442.00 2

1.00 1.00 221.00 1

1.50 1.50 313.50

2.50 2.50 522.50 2.5

2.00 2.00 418.00 2

6.00 6.00 1,254.00 6

4.50 4.50 940.50 4.5
.50 .50 104.50 0.5

4.00 4.00 580.00 4

1.00 1.00 145.00 1
.50 .50 72.50 0.5

3.00 3.00 435.00 3

5.00 5.00 725.00 5

4.00 4.00 580.00 4

2.00 2.00 290.00 2

8.00 8.00 1,672.00 8

8.50 8.50 1,776.50 8.5

8.00 8.00 1,672.00

8.00 8.00 1,672.00

4.00 4.00 836.00

1.50 1.50 313.50 1.5

5.50 5.50 1,149.50

6.50 6.50 1,358.50

9.00 9.00 1,881.00 9

9.00 9.00 1,881.00 9

4.00 4.00 836.00 4

8.00 8.00 1,672.00 8

4.50 4.50 940.50 4.5

3.50 3.50 731.50 3.5

7.00 7.00 1,463.00 7

9.00 9.00 1,881.00 9

6.50 6.50 1,358.50 6.5
Continue revisions to dynamic analysis.

Additional review and correspondence with checker.

B OEQ02919 Schott, David 1/24/2022
Revisions to SEISAB
B OEQ02919 Schott, David 1/25/2022
Modeling and discussion with VBent administrator regarding use.

B OEQ02919 Schott, David 1/10/2022
Seismic Design Revisiions
B OEQ02919 Schott, David 1/11/2022
Continue Revisions
B OEQ02919 Schott, David 1/26/2022
Continue Seismic Revisions
B OEQ02919 Schott, David 1/18/2022
Continue Seismic revisions and recheck maximum pile loading as requested by geotechnical engineer.

B OEQ02919 Schott, David 1/19/2022
Continure Seisab and SAP modeling and revisions to Vbent.

B OEQ02919 Schott, David 1/14/2022
Run VBent
B OEQ02919 Schott, David 1/17/2022
Seisab Modling to include foundation springs.

B OEQ02919 Schott, David 1/12/2022
Support Aki in her review of foundations for the left bridge. Finlize deflections rquirements for pile P-Y analysis needed for geotechnical engineers. Revise VBent. B OEQ02919 Schott, David 1/13/2022
Modify analysis.

B OEQ02919 Schott, David 1/7/2022
Set up CT Bridge model for check
B OEQ02919 Schott, David 12/29/2021
Continue revising analysis
B OEQ02919 Schott, David 1/5/2022
Reviewing what spring constant was intailly used
B OEQ10046 Ghebre, Akberet 1/21/2022
Checked CTAbut for Abutment Loading to provide to Geotech.

B OEQ10046 Ghebre, Akberet 2/4/2022
Review issues and new information from geotechnical related to foundation design for S2 soil conditions.

B OEQ02919 Schott, David 1/6/2022
revisions to sb bridge & backcheck
B OEQ02919 Schott, David 12/27/2021
Continue review of new infomration regardng piles
B OEQ02919 Schott, David 12/28/2021
revisions to sb bridge & backcheck
F OEQ03347 Dodge, Steve 12/16/2021
revisions to sb bridge & backcheck
F OEQ03347 Dodge, Steve 12/17/2021
Reviewed and respond to email request
B OEQ03347 Dodge, Steve 12/27/2021
finish review & revise
F OEQ03347 Dodge, Steve 12/15/2021

B OEQ10046 Ghebre, Akberet 1/12/2022
Email and coordinate regarding upcoming foundation design revisions related to pile modeling.

B OEQ02919 Schott, David 1/3/2022
Continue additional modeling for check and revisions.

B OEQ02919 Schott, David 1/4/2022

F OEQ02919 Schott, David 12/21/2021
Review Caltrans Deep Foundation Criteria and posible application of pile spring constants to modeling.

F OEQ02919 Schott, David 12/22/2021

F OEQ03347 Dodge, Steve 12/6/2021
finish final right bridge plans for Dave
F OEQ03347 Dodge, Steve 12/13/2021
right survice bridge revisions
Continue additional modeling for check and foundation review.

B OEQ02919 Schott, David 1/10/2022
Respond to Dave Schott's email re. the liquefaction
Continue investigation of Service Road Right top deck reinforcing steel layout and shipping at Jack Abcarious's request.

F OEQ02919 Schott, David 12/20/2021
Review of Caltrans SDC criteria, geotechnical reports and new pile foundation criteria just provided last

F OEQ02668 Abcarius, Jack 12/13/2021
Meeting with KHA to Review and Update Schedule. Coordinate with designers re. the Abutments and Bent Foundation designs in accordance with SDC 2.0 F OEQ02668 Abcarius, Jack 12/22/2021
revisions on left service bridge
F OEQ03347 Dodge, Steve 12/14/2021
revisions on right service bridge
F OEQ03347 Dodge, Steve 12/20/2021
v7.6.771 (DARAB.BOUZARJOMEHRI) - Cost and Billing Page 1 of 2 ITEM 16
ITEM 16

8.50 8.50 1,776.50 8.5

4.00 4.00 836.00 4

4.00 4.00 836.00 4

4.00 4.00 836.00 4

4.00 4.00 836.00 4

1.00 1.00 209.00 1

2.00 2.00 418.00
.50 .50 104.50
.50 .50 104.50
.50 .50 104.50

1.00 1.00 209.00

1.50 1.50 313.50

3.00 3.00 627.00

5.00 5.00 1,045.00

1.00 1.00 209.00

1.50 1.50 313.50 1.5

4.00 4.00 836.00 4

1.00 1.00 219.00

5.00 5.00 860.00 5

1.00 1.00 172.00 1

1.00 1.00 172.00 1

1.00 1.00 221.00 1

1.00 1.00 221.00 1

1.00 1.00 221.00 1
.50 .50 110.50 0.5

2.00 2.00 290.00 2

9.00 9.00 1,305.00 9

9.00 9.00 1,305.00 9

9.00 9.00 1,305.00 9

3.00 3.00 435.00 3
TOTAL 76 5.5 7 125 6.5
Back check updated bridge plans
F OEQ10084 Sun, Daniel 12/17/2021
revisions on right service bridge
F OEQ03347 Dodge, Steve 12/20/2021

F OEQ03347 Dodge, Steve 12/13/2021
revisions on left service bridge
F OEQ03347 Dodge, Steve 12/14/2021
package up foundation plans for NV5 bridges Cadd files & upload to FTP right survice bridge revisions
F OEQ03347 Dodge, Steve 12/6/2021
finish final right bridge plans for Dave
Respond to Dave Schott's email re. Abutment Wall Seismic Design J10 Senior Cadd Tech

B OEQ03347 Dodge, Steve 1/13/2022
Teams Meeting with Dave Schott and KHA to discuss Abutment Spring Constant used for Seismic Design B OEQ02668 Abcarius, Jack 2/18/2022
Set up and attend a meeting with Caltrans Earthquake Specialist and Dave Schott to discuss Abutment Spring Constant B OEQ02668 Abcarius, Jack 2/22/2022

B OEQ02668 Abcarius, Jack 2/9/2022
Coordinate with KHA for a meeting re. Seismic Design Approach B OEQ02668 Abcarius, Jack 2/10/2022
Preparation and discussion of plan revisions with Steve Dodge.

F OEQ02919 Schott, David 12/17/2021
Begin review of Geotechnical information provided and evaluation of seismic demands on piles.

F OEQ02919 Schott, David 12/22/2021
Reviewed drafted plan revision submittal.

F OEQ02919 Schott, David 12/13/2021
Review markup and return comments on drafting to Steve Dodge. Review requirements for pile design in S2 soils and respond with information from Jack A.

F OEQ02919 Schott, David 12/14/2021

F OEQ10084 Sun, Daniel 12/9/2021
produce redlines for 95% bridge plans
F OEQ10084 Sun, Daniel 12/14/2021
Review latest plan revisions and begin evaluation of procedures for foundation pile seismic loading related to new information from geotechnical. Verify vertical pile loading.

F OEQ03121 Bouzarjomehri, Darab 12/20/2021
Reviewd the information recived from the Geotech, Coordinated with the team produce redlines for 95% bridge plans
Continue plan drafting review.

F OEQ02919 Schott, David 12/9/2021

F OEQ02919 Schott, David 12/3/2021
Continued plan review.

F OEQ02919 Schott, David 12/6/2021
Review design calcs in preparation for meeting tomorrow B OEQ02919 Schott, David 2/10/2022
Meeting with the independent checkers.

B OEQ02919 Schott, David 2/18/2022
Adjust Seisab Model for final section properties and foundation springs.

B OEQ02919 Schott, David 1/31/2022
Modify Seisab Model Analysis
B OEQ02919 Schott, David 2/1/2022
Forward plan markups to Steve Dodge and oordinate for meeting to discuss drafting.

F OEQ02919 Schott, David 12/7/2021
Further review of Bent pile connection detail required for Bent 2 fixed head condition. Organizwed design files.

B OEQ02919 Schott, David 2/7/2022
Return comment regarding 80 grade rebar to Jack Abcarius and place geotechnical information in project folder.

B OEQ02919 Schott, David 2/9/2022
Verify Seisab Loading and check pile capacity and loading. Compare deflection capacity to seisab demands.

B OEQ02919 Schott, David 2/2/2022
Verified Pile capacity for seismic loading based on dynamic analysis and new P-Y information.

B OEQ02919 Schott, David 2/3/2022

B OEQ02919 Schott, David 1/27/2022
v7.6.771 (DARAB.BOUZARJOMEHRI) - Cost and Billing Page 1 of 2 ITEM 16
ITEM 16
v7.6.771 (DARAB.BOUZARJOMEHRI) - Cost and Billing Page 1 of 2 ITEM 16
ITEM 16
v7.6.771 (DARAB.BOUZARJOMEHRI) - Cost and Billing Page 1 of 2 ITEM 16
ITEM 16

SCOPE OF SERVICES

SR 99/Service/Mitchell Road Interchange

The request below is for additional work proposal and cost estimate for amending the original scope of work Task 10.8 Final TMP. The scope of work under current contract includes preparing TMP checklist for the project. This amendment is to prepare Lane Closure Report and TMP report to support TMP checklists and lane closure hours per stage construction plans developed per Caltrans review of 65% PS&E submittal. The Lane Closure Charts will be included with specifications for contract to manage lane closures and detours for various construction activities.

The scope of work under this amendment request includes additional work necessary to collect the current traffic data and processing the traffic data to prepare the lane closure chart to gain Caltrans approval on the lane closure hours needed for the various construction activities such as bridge demolition, bridge falsework construction, bridge construction, shoulder closure/lane closure, freeway/local road detours. The detailed scope of work is described below.

This additional work request is also included to prepare the special foundation design, special provision, and cost estimate for the proposed ramp meter pole at the SB on-ramp from Service Rd.

Task 1 Lane Closure Report

Kimley-Horn will prepare Lane Closure Charts based on the 95% stage construction plans, based on the collected traffic data and methodologies used to develop mainline, ramp and shoulder closure charts to gain Caltrans approval on the lane closure hour needed for the various construction activities.

Lane closure charts will show the number of lanes required to stay open for traffic during different hours of the day for mainline, local roads and ramps. Shoulder closure hours will show the available hours to perform work on shoulders outside of the approved freeway mainline and ramp closure charts’ hours.

Kimley-Horn will extract PeMS data for mainline/ramps and coordinate with City for traffic data on local streets. Any missing traffic data will be collected for seven-day 24-hour counts from 3rd party vendor. The traffic data collection on mainline will be from E Hatch Rd interchange to E Keyes Rd interchange. This data will be summarized and used for the preparation of lane closure charts to get Caltrans approval on the lane closure hour.

Post 65% PS&E, there are a total of 17 stage construction phases including substages required to construct SR99 mainline and ramps improvements, retaining walls, bridge demolition and bridge constructions which will require SR99 mainline and ramp closure during the nighttime at various time. Kimley-Horn will prepare the lane closure chart to recommend the lane closure hour to consistence with Caltrans requirement
The lane closure charts will be developed for the following anticipated lane closure:

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• Lucas Road closure near UPRR
• Moffett Road closure, south of Service Rd
• Left and Right shoulder closure along SR99
• One lane and two-lane closure along SR99
• SR99 SB On-Ramp closure from 2nd St
• SR99 NB Off-Ramp closure to 4th St
• Collins Rd near Service Rd
• SR99 NB On-Ramp closure from Mitchell Rd
• Service Rd OC closure for bridge construction
• NB SR99 closure for falsework and bridge demolition
• SB SR99 closure for falsework and bridge demolition
• SR99 SB On-Ramp closure from Mitchell Rd for bridge construction • Intermediate On- and Off-Ramp closure at Service Rd and at Mitchell Rd interchange

Lane Closure Chart will include the recommended lane closure hour for the construction activities for the various scenario. The lane closure report will include the summary of lane closure hours for mainline, local roads, interchange ramps, late lane pickup (damage calculations), road use cost (RUC) and other supported calculations. Lane Closure Chart will be included in the Specification after Caltrans approval on the lane closure hour.

Deliverables:

• Draft and Final Lane Closure Report (PDF)
• Draft and Final Lane Closure Chart (PDF)

Task 2 Transportation Management Plan

Kimley-Horn will prepare and update a Transportation Management Plan (“TMP”) identifying TMP element to minimize construction-related congestion impacts and mitigate those impacts where appropriate through awareness strategies. The TMP report will be prepared using Caltrans latest TMP Guidelines.

TMP will discuss various strategies including public information, motorist information, incident management, alternative routes, and demand management to monitor and manage the traffic to minimize the overall delay within the roadway network during construction activities. Kimley- Horn will prepare the TMP data using Caltrans template to summarize the TMP cost elements.

Kimley-Horn will support the City of Ceres to implement TMP strategies

Task 3 Custom Signal Pole Foundation Design

The 65% PS&E submittal included the ramp meter pole on left side of SB on-ramp to minimize the construction cost. As a part of Caltrans review on the 65% PS&E package, Highway Operation functional unit has commented to place the proposed ramp meter pole on the right side of the ramp for maintenance and safety concerns. Kimley-Horn held a meeting with Caltrans on June 16th, 2021 to discuss the review comment further in details. During the meeting, it was ITEM 16
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concluded that the ramp meter pole shall be placed on the right side of the ramp behind MSE Wall which would require the special foundation details.

Kimley-Horn will prepare the special foundation design plans, special provision, and cost estimate for the proposed ramp meter pole on SB on-ramp from Service Rd to include in the 95% PS&E submittal package

Deliverables:

• Draft and Final Special Foundation Design, Special Provision, and Cost Estimate

The scope of service based on the following information:

• Kimley-Horn team will attend up to 2 virtual meeting with Caltrans to resolve Caltrans review comments on the Lane Closure Report and Transportation Management Plan • Assumed total two (2) submittal of Lane Closure Report and Transportation Management Plan to Caltrans
• Lane Closure Hour for freeway is subject to change because UPRR allowable closure hour are not know at the time when proposal was put together.

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Proposal for Project Management and Final PS&E of SR 99/ Mitchell Road/ Service Road Interchange Improvements Project in the City of Ceres, CA Prepared by: Kimley-Horn 6/8/2022
For: Lane Closure Report and Transportation Management Plan Classification/Name Sheets PM
Sr Roadway
Engineer
Sr. Traffic
Engineer
Traffic
Design
Engineer
Roadway
Engineer
Design
Engineer
Design
Support
Fully Burdened Rate $371 $262 $348 $225 $225 $188 $135
Task Description

1.0 Lane Closure Report 2 12 84 228 6 60 18 410 $99,478

1.1 Traffic Data Collection and Data Processing 2 8 24 34 $8,708

1.2 Prepare Report and Assemble Attachments 4 6 12 6 16 18 62 $12,624

1.3 Develop Lane Closure Chart 2 8 64 32 106 $23,724

1.4 Damage Cost Calculation 24 64 88 $22,752

1.5 Road User Delay Cost Calculation 14 40 54 $13,872

1.6 Response to CT Review Comments 2 2 12 24 12 52 $13,098

1.7 QA/QC 2 12 14 $4,700

2.0 Transportation Management Plan 0 0 20 48 0 28 16 112 $25,184

2.1 Prepare Report and Assemble Attachments 4 16 16 16 52 $10,160

2.2 TMP Data Sheets (Original Contract) $0

2.3 Response to CT Review Comments 12 24 12 48 $11,832

2.4 QA/QC 4 8 12 $3,192
Total Hours 2 12 104 276 6 88 34 522 $124,662
Total Labor Cost $742 $3,144 $36,192 $62,100 $1,350 $16,544 $4,590 $124,662 Other Direct Costs $13,734
Field Traffic Data Collection $8,000 $8,000
Escalation 4.6% $5,734
Contingency $0
Total Fee $138,396

KIMLEY-HORN
KHA Hours
KHA
Labor Cost
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Proposal for Project Management and Final PS&E of SR 99/ Mitchell Road/ Service Road Interchange Improvements Project in the City of Ceres, CA Prepared by: Kimley-Horn
Submitted to: Custom Signal Pole Foundation Design
Classification/Name
Sr Structures
Engineer
Roadway
Engineer
Electrical
Design
Engineer
Structures
Analyst
Structures
Design
Support
Fully Burdened Rate $262 $225 $225 $135 $118
Task Description

3.0 Custom Signal Pole Foundation Design 30 18 2 88 12 150 $25,656

3.1 Coordination 4 4 2 4 14 $2,938

3.2 Determine Loading 2 12 14 $2,144

3.3 Perform Structural Calculations and Develop Calc Package 8 30 38 $6,146

3.4 Develop and Draft Details 4 8 20 12 44 $6,964

3.5 Accommodate for in MSE Wall Reinforcement Design 4 10 14 $2,398

3.6 Specification and Cost Estimate 4 6 10 $1,858

3.7 QA/QC 4 6 6 16 $3,208
Total Hours 30 18 2 88 12 150 $25,656
Total Labor Cost $7,860 $4,050 $450 $11,880 $1,416 $25,656 Other Costs $1,180
Escalation 4.6% $1,180
Contingency $0
Total Fee $26,836

KIMLEY-HORN
KHA Hours
KHA
Labor Cost
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MEASUREL

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT

FOR THE PLANS, SPECIFICATIONS AND ESTIMATES PHASE OF THE SR99/SERVICE ROAD/MITCHELL ROAD INTERCHANGE CITY OF CERES This Cooperative Agreement ("Agreement") is made and entered into on January 16, 2020 by and between the CITY OF CERES ("Sponsor") and the STANISLAUS COUNCIL OF GOVERNMENTS, acting as the Local Transportation Authority ("Authority").

RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for funding of plans, specifications and estimates (PS&E) and for associated suppott setvices outlined in Exhibit "A" to this Agreement for transportation improvements in Stanislaus County pursuant to the authority provided by Measure "L" Local Roads First Transportation Funding Measure Ordinance and Expenditure Plan ("Measure L"), which was approved by the voters of Stanislaus County on November 8, 2016; and WHEREAS, Sponsor desires to receive funding from the Authority for the PS&E Phase of the transportation improvement project entitled State Route 99/Service Road/Mitchell Road Interchange, the PS&E phase of which is referred to herein, and further defined in Exhibit "A", as the "PS&E Phase" or "Project";; and
WHEREAS, the Project is an eligible project of the Regional Control category of Measure L;; and
WHEREAS, the Authority is authorized to issue Measure L funds to the Sponsor; and WHEREAS, Authority shall issue Measure L reimbursement payments as provided in Section 2.1 to the Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments for eligible expenses under this Agreement, when aggregated with the previously approved reimbursement requests, exceed $6,589,000; and
WHEREAS, any cost savings which result in less than $6,589,000 being spent on the Project will be retained by the Authority and may be re-programmed for other Measure L eligible projects; and
WHEREAS, the Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure L funds; and
WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor's Project according to the terms and conditions set forth herein. 1367454-2
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NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the paities hereto represent, covenant and agree as follows:

AGREEMENT

SECTION I
Covenants of Sponsor

1.1. Project Application. The complete Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement Measure L funds, and the anticipated timing for release of Measure L funds are specified in the application, which is attached as Exhibit "A," and incorporated herein by this reference.

1.2. Change In Project Scope. A change in the Project scope as described in Exhibit "A" may not be implemented until it has been approved in writing by the Authority. Changes in scope implemented prior to Authority approval will not be eligible for reimbursement and in no event will a change in scope result in the Authority reimbursing more than $6,589,000.

1.3. Eligible Reimbursement Costs. Eligible reimbursement costs are the costs as specified in Exhibit "A" or as may be approved from time to time by the Authority pursuant to Section

1.2. In no event shall expenses incurred by Sponsor prior to the execution of this Agreement be considered eligible reimbursement costs.

1.4. Invoices and Progress Repo11s. Starting one month after the execution of this Agreement, Sponsor will submit monthly progress reports and invoices for activities conducted over the prior unbilled month. These documents will include the following specified information:

1.4.1. Invoices. Sponsor will provide the Authority with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant performing work related to the Project, timecards reflecting hours invoiced for reimbursement by Sponsor's employees and staff, and invoices supporting direct expenses billed to project by Sponsor.

1.4.2. Progress Reports. The monthly progress repo11s will include a brief description of the status of the Project including the work completed to date. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.

1.5. Use of Funds. Sponsor will use existing Measure L funds consistent with the Project scope of work described in Exhibit "A" or approved by the Authority pursuant to Section 1.2.

Sponsor shall encumber the funds no later than the Project schedule as listed in Exhibit "A." Sponsor may submit extension requests which will be considered and evaluated by Authority. 1367454-2
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1.6. Submittal of Documents. Sponsor will provide copies to the Authority of all executed contracts which relate to the Project scope as described in Exhibit "A" or approved by the Authority pursuant to Section 1.2. Sponsor will retain records pertaining to the Project for a five (5) year period following completion of the Project.

1.7. Completion of Project. Sponsor will be responsible for the timely completion of the Project, including meeting any timely use offunds deadlines, if applicable, set fo11h in Exhibit "A" and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. Since Sponsor is responsible for the construction management and oversight, any and all costs which exceed $6,859,000, as set forth in Exhibit "A" shall be the sole responsibility of Sponsor. This provision shall apply in all instances, including situations where a change in scope has been approved by the Authority pursuant to Section 1.2.

1.7.1. Letter of PS&E Completion. Sponsor will submit to Authority a "Letter of PS&E Completion" which includes final costs of the PS&E Phase. This letter shall accompany the final invoice for payment from the Authority to Sponsor and will act as notice of account closing by Authority for the PS&E Phase of the project.

1.8. Cost Savings and Excess Costs.

1.8.1. Cost Savings. After payment of the final invoice by the Authority, any positive difference between the cost, as listed in Exhibit "A" or approved by the Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall be considered cost savings. One Hundred Percent (100%) of the cost savings will be re-credited to the Measure L program for re­ programming by the Authority on other eligible projects.

1.8.2. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit "A," this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.2.

1.8.3. Reconciliation of Excess Costs. Excess project costs to complete a project are not eligible for reimbursement. The amount of Measure L funds as identified in Section 1.2 are the 'maximum' funds available for reimbursement to the Sponsor and will not be exceeded by the Sponsor without an approved amendment to this Agreement. The Sponsor shall request an amendment ifneeded for this purpose in writing to the Authority. Such amended Agreement shall be effective only if approved by the governing body of and signed by the duly authorized representatives of both the Authority and the Sponsor.

1.9. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the Project.
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SECTION H
Covenants of Authority

2.1. Reimbursement Payments. The Authority shall make reimbursement payments to Sponsor for eligible Project costs as specified in Exhibit "A". To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures:

2.1.1. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5 :00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments. Copies ofinvoices must be complete and legible or the Reimbursement Request will be returned. Reimbursement requests should be accompanied bya cover letter stating the time period for which reimbursement is requested, name of the project, total amount requested and contact name and telephone number. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals. Invoices are deemed ineligible without the accompanying progress reports. The Authority reserves the right to stop reimbursement payments of invoices without progress rep0t1s.

2.1.2. Late Submittals. If Sponsor fails to submit documents to Authority as set fo11h in Section 2.1.1, above, then Authority may provide reimbursement payments for late submittals in the following calendar month.

2.1.3. Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs. Measure L funds will not be used to reimburse costs if funding sources, other than Measure L, have been secured, granted, committed or provided to fund that specific cost or element of construction as such costs are deemed ineligible costs.

2.1.4. Reimbursement Amount. The amount of reimbursement payments to Sponsor shall not exceed $6,589,000.00 of eligible expenditures submitted to the Authority as specified in Exhibit "A". All reimbursements will be made subject to available Measure L program cash-flow. Reimbursement of expenditures will be spread over four fiscal years consistent with the adopted Measure L Strategic Plan. The maximum reimbursements for each fiscal year are specified in Exhibit "A".

2.1.5. Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or the lack of supporting documentation or progress repo11s, the Authority shall return the invoice to Sponsor, with an invoice dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable for payment. Sponsor may re-submit the invoice for payment after reviewing the invoice dispute notice and making any necessary corrections. Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set fot1h in this Section 2.1. 1367454-2
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2.1.5. l. Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the l 0th day of the month, the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.

2.1.5.2. Executive Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's Executive Committee, with the understanding that by doing so the reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.

2.1.5.3. Authority's Board Decision. If the Sponsor or the Authority disagrees with the resolution by the Executive Committee then the dispute shall be submitted to the Authority's Board for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.

2.1.5.4. Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.

2.1.5.5. Acceptance of Work Does Not Result In Waiver. Neither acceptance of the work nor issuance of reimbursement payments will result in a waiver of the right of the Authority to require fulfillment of all terms of this Agreement.

2.2. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsors' records pertaining to the Project at any time during the course of the Project and up to a five (5) year period after completion of the Project. For purposes of audit, the date of completion of the Agreement shall be the date of the Authority's payment of Sponsor's final billing (so noted on the invoice) under this Agreement. This audit provision shall extend to and/or be included in contracts with Sponsor's contractors.

2.3. Maximum Obligation. Authority's maximum obligation for all costs under this Agreement shall not exceed Six Million Five Hundred Eighty-nine Thousand Dollars ($6,589,000.00), unless such maximum obligation is increased by an amendment to this Agreement. The parties agree that Measure L funds shall not be used for reimbursement of expenses incurred by the Sponsor for the Project that are not covered by this Agreement.

SECTION III
Mutual Covenants

3.1. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.15.
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3.2. Discharge. This Agreement shall be subject to discharge as follows:
3 .2.1. Termination by Mutual Consent. This Agreement may be terminated at any time only by mutual consent of the parties.

3.2.2. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project and payment of the final invoice by the Authority.

3.3. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:

3.3.1. Sponsor shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.

3.3.2. Authority shall fully defend, indemnify and hold harmless Sponsor, and any officer or employee of Sponsor, against any damage or liability occurring by reason ofanything done oromitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason ofanything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.

3.4. Liability. As Authority is not the primary or responsible agency for carrying out the Project herein identified, the Authority is not liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of the acts or omissions of Sponsor or its agents, contractors, consultants, engineers, or representatives. Nor shall the Authority be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of Authority's provision offunds which may be utilized in, but not limited to the acquisition of, the design, implementation, or construction of the Project herein described.

3.5. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
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TO AUTHORITY:
1111 "I" Street, Suite 308
Modesto, CA 95354
Attention: Executive Director
TO SPONSOR:
2220 Magnolia Street
Ceres, CA 95307
Attention: Toby Wells, City Manager
Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.5. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

3.6. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.7. Integration. This Agreement represents the entire Agreement of the patties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

3.8. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
3 .9. Independent Agency. Sponsor and Authority renders services under this Agreement each as an independent agency under the terms of this Agreement. None of the Sponsor's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of Sponsor.
3 .10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent ofthe other patty.

3.11. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or Sponsor, as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.12. Severability. Should any pat1 of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 1367454-2
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3 .13. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.

3.14. Survival. The following provisions in this Agreement shall survive discharge:

3.14.1. Sponsor. As to Sponsor, the following sections shall survive discharge:

Section 1.5 (obligation to apply funds to Project), Section 1.6 (obligation to provide copies and retain records), Section 1. 7 ( obligation to continue to manage Project). 3 .14.2. Authority. As to Authority, the following section shall survive discharge:

Section 2.2 (right to conduct audit).
3 .14.3. Both Patties. As to both parties, the following section shall survive discharge: Section 3.3. (mutual indemnities).

3.15. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure L. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or patt so that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this Project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.

3.16. Attorneys' Fees. Should any litigation commence between the parties concerning the rights and duties of any party pursuant to, related to, or arising from, this Agreement, the prevailing patty in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.
3 .17. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.

3.18. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.19. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. 1367454-2
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3.20. Captions. The captions in this Agreement are for convenience only and are not a patt of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.21. No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.22. No Rights in Third Patties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third patty, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third patty any right of subrogation or action over or against any paity to this Agreement.

3.23. Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other paity.

I II
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II I
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Ill
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*** Signatures contained on next page ***
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IN WITNESS WHEREOF, the undersigned paities have executed this Agreement on the day and year first written above.

CITY OF CERES
By:_~_~:;s __ _
Toby Wells, P.E.

City Manager
APPROVED AS TO FOR~: 0
By~i/!1
Tom Hallinan
City Attorney
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ernments, acting as the
A ON AUTHORITY:

General Counsel
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~
Measure L
Local Roads First!
-

EXHIBIT A

PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
Project Name: SR99/SERVICE ROAD/MITCHELL ROAD INTERCHANGE

CITY OF CERES
Project Contact: Toby Wells, City Manager, City of Ceres

PROJECT SCOPE
ResponsibleAgency: ...;C=i=ty"----"'o.;;.f..;;;C;..;;e=r=es"--------------------- Project Limits: _____________________________ _
Project Phase:

PS & E (Plans, Specifications and Estimates)
Project Phase Scope:

In coordination with Caltrans and StanCOG, the City of Ceres proposes the preparation of the Plans, Specifications and Estimates for the proposed improvements to the existing State Route 99/Mitchell Road interchange to address issues of congestion, circulation and access. The Project will include a fully accessible diverging diamond interchange (DOI) at Service Road on SR 99.

The existing interchange at Mitchell Road will be converted to a partial interchange, with a northbound off-ramp and a southbound on-ramp to SR 99. The project includes an extended deceleration lane at the northbound off-ramp to Mitchell Road, an extended acceleration lane at the southbound on-ramps from Mitchell Road and the Service Road, auxiliary lanes between Service Road interchange and the Fou1th Street ramps, replacement of the Mitchell Road Undercrossing and Service Road Overcrossing structures. Local road improvements included in the overall project are Service Road, Mitchell Road, El Camino Avenue, Rohde Road, Moffett Road, Don Pedro Road, Sixth Street, Ninth Street, Lucas Road, and Brickit Court.

Project Purpose:

The purpose of this project is to improve regional and interregional circulation, relieve regional congestion, enhance safety and improve operations.
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Transportation Benefit:

The project is intended to improve regional and interregional circulation, relieve traffic congestion along existing SR 99/Service Road/Mitchell Road, and improve operations.

Current Status:

The City of Ceres will be the lead on the preparation of the PS&E documentation with review and approval by Cal trans under the terms of the existing PS&E cooperative agreement with Caltrans. Caltrans approved the Environmental Document on 10/26/18 and recertified on 9/3/19.

PROJECT COST AND FUNDING PLAN
Fund Source Fund Amount
Measure L Regional Funds $6,589,000
City Ceres Local Funds $4,211,000
TOTAL PS&E FUNDS $10,800,000

MEASURE L REIMBURSEMENT MAXIMUMS BY FISCAL YEAR
FOR
Reimbursement Maximums for PS&E
FY 19-20 I FY 20-21 I FY 21-22 I FY 22-23 I TOTAL
$1.647 Million I $1.647 million I $1.647 million I 1.648 million I $6.589 million

PROJECT SCHEDULE
Timell:'. Use of Funds
Proiect Phase Start End Deadline (if aoolicable)
PS&E 01/16/19 03/31/23 NIA
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COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 22, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT: Resolution No. 2022-116, Authorizing the Use of American Rescue Plan Act Funds and Neighborhood Park Fees for a Public Outreach Workshop and Survey, and a Conceptual Design of Ochoa Park Improvements
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council adopt a resolution authorizing Ci ty staff to proceed with public outreach workshop and survey, and a conceptual design of Ochoa Park improvements.

I. BACKGROUND:

O
n July 25, 2022, the City Council considered an item regarding proposed improvements for Ochoa park. The staff report for July 25 th item is included with this staff report as Attachment 1.

A
s the City Council is aware there have been several members of the community that have provided comments regarding the design of the park improvements. These comments have ranged from the desire to have shade structures and parking at the park. In order to allow for additional stakeholder input staff is recommending that staff be authorized to hold a workshop at the park site and create a survey to solicit input on what design features should be included at the park. It is proposed that the public input be used to pri oritize design features and develop a conceptual design for the park improvements.

S
ubsequent to the completion of the public workshop and survey staff will return to the City Council with a proposed conceptual design for Council’s consideration. To faci litate the workshop and survey staff is proposing to use one of the City’s on call design firms. The cost for conducting the workshop and preparing meeting materials and the survey is not to exceed $10,000. It is anticipated that staff will return to the C ity Council in 60 days with a conceptual design for the park improvements.

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II. REASONS FOR RECOMMENDATION:

Given the amount of public interest in this project staff is recommending the solicitation of stakeholder input to include a public workshop and survey.

III. FISCAL IMPACTS:

Preliminary cost estimates for construction of the full range of park improvements according to the 2020 Ochoa Park design at current pricing is approximately $2.5M.

Potential sources of funding for the project are ARPA funds and Neighborhood Park Fees.

Staff will present a project funding plan for the City Council’s consid eration when the conceptual design is presented to the City Council.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The recommended action supports the strategic plan by making improvements to the infrastructure and parks, contributes to the creation of a livable community and supports efforts related to economic development through public outreach. The strategic plan also specifically calls for the completion of the design and construction of Ochoa Park.

V. POLICY ALTERNATIVES:

Postpone proposed improvements to a later date. Do not move forward with stakeholder engagement regarding this project.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering and Public Works Department have been coordinating conceptual design and project cost estimate efforts.

VII. PUBLIC PARTICIPATION:

Agenda posting.

VIII. ENVIRONMENTAL REVIEW:

This project is exempt from the environmental review process.

IX. STEPS FOLLOWING APPROVAL:

If the recommended action is approved staff will move forward with public outreach and circulation of the survey.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. July 25, 2022, Staff Report

2. Resolution
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RESOLUTION NO. 2022-116

AUTHORIZING THE USE OF AMERICAN RESCUE PLAN ACT FUNDS AND

NEIGHBORHOOD PARK FEES FOR A PUBLIC OUTREACH WORKSHOP AND

SURVEY, AND A CONCEPTUAL DESIGN OF OCHOA PARK IMPROVEMENTS

THE CITY COUNCIL
City of Ceres
WHEREAS selected improv ements were constructed at Ochoa Park and completed in March of 2020; and
WHEREAS, the selected improvements completed included the following: grading and s ite work, installation of som e landscaping materials, a play structure, a volleyball area, concrete benc hes, concrete pavement, and an area for playing cornhole; and
WHEREAS, due to funding constraints, the City did not move forward with the full range of improvements contemplated in the 2020 park design; and WHEREAS, the following features of the 2020 park des ign were not provided: additional site work, utilities, lighting, pavement, sidewalks, picnic tables, basketball courts shade struc tures, turf and additional landscaping; and WHEREAS, the c ost estimate to complete the 2020 full park design improvements today is approximately $2.5M, which is significantly higher than the amount of first installment ARPA funds ($400,000) that has been allocated to this project; and
WHEREAS, several members of the community ov er the last few months have expressed comments regarding the need for additional shade str uctures and parking in the park des ign; and
WHEREAS, in order to solicit stakeholder input on completing the park, the City will provide an public outreach workshop and survey regar ding desired features for the conceptual design of future Ochoa Park improvements; and WHEREAS, with the availability of ARPA funds and Neighborhood Park Fees there is funding available to provide a public outreach workshop and survey, and a conceptual design for future Ochoa Park improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the use of American Rescue Plan Act funds and Neighborhood Park Fees for a public outreach workshop and survey, and a conceptual design of Ochoa Park improvements.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

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Resolution No. 2022-116; Page 2 of 2
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of August, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSENT: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

COUNCIL AGENDA REPORT

MEETING DATE: August 22, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Leticia Dias, Finance Director
Leticia [email protected], (209) 538-5764

SUBJECT: Update on First Installment of A merican Rescue Plan Act (ARPA) Funding and Allocation of Second Installment of ARPA Funding

RECOMMENDED COUNCIL ACTION:

Review the first installment of American Rescue Plan Act (ARPA) f unding approved expenditures and discuss approved and proposed expenditures for the second installment.

I. BACKG
ROUND:

In March 2021, Congress passed the American Rescue Plan Act of 2021 (ARPA) which established t he Coronavirus State and Local Fiscal Recovery Fund. This fund helps local governments, nationwide, with the COVID-19 pandemic recovery assistance and specific types of infrastructure investment.

Ceres has received $11.6 million through ARPA. The City received the first installment payment of $5.8 milli on in Jul y 2021 and the second installment of $5.8 million was received in July of 2022.

The US Department of Treasury has released its Final Rule with specifics on how the ARPA funds may be utilized. These funds may only be used for the following purposes.

• Replacing Lost Public Sector Revenue – The final rule offers a standard allowance for revenue loss of $10 million. Recipients may use that amount for government serv ices. Government services is defined as services traditionally provided by recipient governments. This expenditure

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist.2
Bret Silveira, Dist. 3
Mike Kline, 4
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category gives the Council broad latitude to use funds to provide government services with few restrictions.
• Public Health and Economic Impacts – Recipients can use f unds for programs, services or capital expenditures that respond to the public health and negative economic impact of the pandemic. Funds can be used to address COVID-19 mitigation and prevention.
• Provide Premium Pay for eligible workers performing essential work. • I nvest in Water, Sewer and Broadband Infrastructure – Funds may be used to make necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastruc ture and to expand affordable access to broadband internet.

The US Department of Treasury has also outlined some restrictions to the use of ARPA funds. ARPA funds cannot be used for the following:

• To offset a reduction in net tax revenue resulting fro m a change in state law.
• As a contribut ion to a pension fund for the purpose of reducing an accrued, unfunded liability.
• As payment for debt service and replenishment of rainy-day funds.

On January 24, 2022, staff presented a lis ting of proposed projects /expenditures.

Based on Council discussion, Code Enforcement and park development were high on the list of priorities. Since then C ouncil has approved projects totaling $5,269,627.23 from the first installment . Exhibit A is a listing of Council approved projects utilizing the funds from the first installment a long with the status of those projects. Projects with a status of Started ar e in the beginning stages of gathering quotes, making initial purchases or approving contractors. Projects with a status of Not Started have not had any preliminary activity. Projects with a status of complete have been purchased and final payment has been i ssued. There is approximately $556,000 remaining from the first installment of ARPA funds.

The second installment of ARPA funding was received in July 2022. A total of $2,291,159 from the second installment has already been approved and allocated by the City Council. $1,130,779 was needed to balance the fiscal year 2022/2023 budget, $750,000 has been allocated for premium pay for eligible employees per the employee MOUs and recently, $410,380 was allocated to prov ide the match for the Clean California Grant for Smyrna Park. Exhibit B is a listing of projects, previously approved by Council, utilizing the second installment. There is approximately $3.5 million remaining from the second installment of ARPA funds.

The purpose of this agenda item is for the Council to provide direction on the proposed use of the remaining ARPA funds. Based on Council direction, staff will return to the Council with a formal r esolution adopting a spending plan for the use of ARPA funds.

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II. FISCAL IMPACTS:

The A merican Rescue Pla n Act prov ides $11.6 million in funding to help the City recover from the impacts of the COVID -19 pandemic. Fu nds were received in two installments and will n eed to be encumbered by December 31, 2024 and spen t by December 31, 2026.

III. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Government operations: P rovide quality ser vices to meet community needs , assuring the City has helpful, well trained, properly equipped staff who partners with the community to provide efficient services.

IV.

P OLICY ALTERNATIVES:

The Council could choose to not approve the proposed expenditures.

V. ST
EPS FOLLOWING APPROVAL :

Upon approval of this re commendation, staff will ret urn with a final resolution outlining the use of ARPA funds.

Approved by: _______________________________
A lex Terrazas, City Manager

Attachments:

1. List of Approved Expenditures from First Installment

2. List of Approved Expenditures from Second Installment

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EXHIBIT A

APPROVED ARPA EXPENDITURES

FIRST INSTALLMENT

AMT PROJECT

INFORMATION TECHNOLOGY (IT) APPRVD STATUS UPGRADE TO AN ENTERPRISE CLASS WIRELESS INFRASTRUCTURE $55,000 Started The City’s wireless infrastructure is residential-grade and does not meet the City’s technology needs. This request would provide necessary funding for technology upgrades. Recurring costs $0

MOBILE DATE COMPUTERS FOR PATROL CARS $65,000 Started The mobile data computers are all past their end of life and need to be replaced. IT has developed a replacement schedule to replace the computers. This funding would allow for complete replacement of the patrol vehicle computers. Recurring costs $0

CRADLEPOINT WIRELESS CONNECTION FOR PATROL CARS $75,000 Not started The cradlepoint wireless connection devices all need to be replaced due to the amount of data that is being pushed through the patrol cars. The updated devices will provide the necessary bandwidth to keep up with the technology needs of the Department. Recurring costs $0

POLICE

PUBLIC SAFETY CAMERAS $300,000 Not started
This would provide funding for cameras and license plate readers to be deployed throughout the City to deter illegal dumping, vandalism and criminal activity . This is a placeholder request.

Staff is in the process determining the scope of the project and recurring costs. Recurring costs TBD based on the scope of project

POLICE BUILDING SECURITY SYSTEM $250,000 Complete The current security system is over 30 years old. This funding would provide for installation of a new card key system and replace all door locks in and around police building. Recurring costs $1,200/year

UPGRADE POLICE OFFICERS DUTY GEAR STORAGE ROOM $40,000 Started This would provide funding to replace wood shelving, secure ITEM 18
area where duty gear is stored and update the Chief’s briefing room.

Recurring costs $0

CRITICAL INCIDENT RESPONSE VEHICLE $125,000 Not started The Police Department’s crisis negotiation team is in need of a mobile command post. Incidents require complex negotiations before tactical teams are deployed. The department has the trained personnel to handle these incidents but the Department does not have a mobile command post for critical incident management. It is essential to purchase a mobile command post for negotiators to safely work out of at critical incidents.

Recurring costs $1,200/year

SPEED TRAILERS $50,000 Complete
Speed trailers are necessary to post at various locations throughout the city as a visual deterrent for vehicles driving fast and reckless when staffing does not allow an officer to be assigned to one specific location. This request would provide funding for the purchase of two trailers.

Recurring costs $400/year

UPGRADE CITY GYM FACILITY $15,000 Complete
The police department’s gym equipment is in need of upgrading.

Outdated equipment would be replaced with newer, more reliable equipment with this funding. Recurring costs $0

MOBILE DEVICES FOR SOCIAL MEDIA PUBLIC OUTREACH $7,500 Complete This request provides funds for equipment for the Police Department social media team to take and edit pictures and videos for posting to social media. Currently the social media team is using personal devices.

Recurring costs $0

ADDITIONAL CODE ENFORCEMENT $500,000 Started This funding request will provide funds to add two additional Code Enforcement officers and equipment to the Code Enforcement Unit for two years. Additional funding will be requested from the second installment to fund another two years. Recurring costs $0

CITY CLERK
DIGITIZATION OF CITY’S HISTORICAL MANDATED MICROFILM $25,000 Not started Digitization of historical vital records from the City’s filing system is only available on microfilm (agreements, deeds, minutes, ordinances, and resolutions). This also includes the microfilm records from the community development departments (site plans, conditions of approval, permits and zoning maps 1966-1989). Currently the public cannot access these records as the microfilm printer is non-operational. This ITEM 18
request would provide funding to digitize public records and make them accessible to the public. Recurring costs $0

COMPLETE COUNCIL CHAMBERS AUDIO AND CAMERA CONTROL UPGRADES $ 47,127.23 Started Provides funding for upgrades and enhancements to the audio in the chambers and replacement of microphones to adjustable movable microphones at the dais. Recurring costs $10,500/year

RECREATION
SOUND EQUIPMENT FOR OUTDOOR EVENTS $15,000 Complete Provides funding for new sound equipment that will replace aging outdated equipment. Existing sound equipment is run down and not sufficient for future use. Sound equipment is used for concerts in the park, street fair, and all major city holiday events.

Recurring costs $500/year

OCHOA PARK IRRIGATION, SOD, LANDSCAPE INSTALLATION $400,000 Not started This request provides funds for landscaping, sod and irrigation installation and will create opportunities for increased programming at the park. Recurring costs $ 160,000

DON PEDRO/STRAWBERRY/RIVERBLUFF PARK ADDITIONAL TRAIL
AND WALKWAYS $75,000 Not started
There are currently no walkways that connect through the park.

Adding additional walkways throughout the park would encourage more of the community to come out and use them as well as make the park more accessible and walkable. Recurring costs $0

ROBOT PAINT STRIPER FOR SOCCER FIELDS $125,000 Started Provides funds for purchase of an automated paint striper for the soccer fields. Recurring costs $1,000/year

RECREATION FACILITY FEASIBILITY STUDY $50,000 Not started Provides funds to conduct a study for a potential City
gymnasium/indoor soccer facility. Recurring costs $0

ENGINEERING/ PUBLIC WORKS

UPDATE TRAFFIC OPERATIONS CENTER (TOC) EQUIPMENT $100,000 Started Provides funds to upgrade existing TOC equipment with latest technology including server, fiber optic terminal hub, program software and monitor unit. Recurring costs $0

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CLEAN AIR DUCTS THROUGHOUT CITY FACILITIES $400,000 Not started Provides funding to clean all air ducts throughout City Hall, Police and Fire buildings, all Corporation Yard buildings, Sewer Treatment Plant buildings, Parks Department buildings, American Legion Hall and Community Center. Recurring costs $0

FOGGERS AND OTHER PPE $10,000 Complete
Provides funds to purchase foggers to sanitize all office areas and any personal protective equipment that may be needed to help combat COVID-19. Recurring costs $0

LIONS PARK DEVELOPMENT/IMPROVEMENTS $650,000 Not started Provides funds for the development and improvement of Lions Park. This phase of the project will include adding curb, gutter and sidewalk. A play structure and landscaping will be added during Phase II. Recurring costs $ TBD

GRID PRUNE PROGRAM $250,000 Started
Provides funds for the tree pruning program.

LOWER RIVERBLUFF MAINT/OPERATIONS $200,000 Started Provides funds for maintenance and operations, staffing, equipment and improvements of the River Bluff Regional
Park Lower Terrace

FIRE
UPGRADE EMS EQUIPMENT ON FIRE ENGINES $90,000 Complete This request is to purchase and upgrade the emergency medical equipment on two of the fire apparatus to allow for advanced life support services when a paramedic firefighter is assigned. The equipment would allow for a higher level of service to the community and better response to the COVID-19 pandemic. Equipment would include advanced life support monitors, airway equipment, and medications that can be utilized by a paramedic. Recurring costs $0

HUMAN RESOURCES
PREMIUM PAY FOR ELIGIBLE WORKERS PERFORMING ESSENTIAL WORK $750,000 Complete Provides funds for eligible workers including workers needed to maintain continuity of operations of essential critical infrastructure sectors.

Recurring costs $0

TEMPORARY PROJECT MANAGEMENT $100,000 Not started ITEM 18
Provides funds to hire a temporary project manager to oversee the completion of the vast list of projects in order to complete the projects in a timely manner. Recurring costs $0

RECRUITMENT SERVICES $100,000 Complete
Provides funds for recruiting services for key management positions.

Recurring costs $0

FINANCE
RELOAD RAD CARD FUNDING $200,000 Started
The Relief Across Downtown (RAD) card is a digital gift card dedicated to the small, locally owned businesses in the area.

The RAD card program funding in Ceres has run out. This will replenish the Ceres funding to allow shoppers to load their RAD card and get matched, dollar for dollar, up to $100 and thus shop local. It is proposed that this program be expanded to include businesses throughout the City. Recurring costs $0

COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT

WAY FINDING SIGN PROGRAM $75,000 Not started Provides funds to undertake a program recommended by the CDRA Board to enhance the economic vitality of downtown by providing a comprehensive and consistent directional signing and identification signing for visitors frequenting the downtown business district of Ceres, including identification of key public facilities (i.e., City Hall, Library, Community Center, Whitmore Museum, Whitmore Mansion, Police/Fire Departments, Ceres High School, future ACE Railroad station, and public parking areas.) Recurring costs $0

ENTITLEMENTS ASSISTANCE/BUSINESS INCENTIVES $100,000 Not started Provides funds to support local economic recovery efforts through the form of grants, fee waivers/deferrals, and/or other incentives that enhance the economic vitality of downtown Ceres. Program to be developed and brought back to the City Council at a later date.

Recurring costs $0

FREEWAY ORIENTED ROOF SIGN REPLACEMENT $5,000 Not started Provides funds to take advantage of a pre-existing and vacant free-standing sign structure situated on the roof of the former Interstate Bank building in downtown Ceres by purchasing/installing a new sign banner covering to advertise “Downtown Ceres” in a ITEM 18
manner that is visible to passing motorists traveling on SR99.

Recurring costs $0

SEASONAL BANNER ENHANCEMENTS $20,000 Started Provides funds to expand the Ceres Downtown existing seasonal overhead banner program by adding complimenting banners installed on street lights on El Camino, 3
rd, and 5th, Lawrence
and North Streets. Recurring costs $900/year

TOTAL PROJECT COSTS $5,269,627.23

FIRST INSTALLMENT RECEIVED JULY 2021 $5,825,755.00 TOTAL ARPA FUNDING REQUESTS -$5,269,627.23 REMAINING FUNDS FROM FIRST INSTALLMENT $556,127.77

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EXHIBIT B

APPROVED ARPA EXPENDITURES

SECOND INSTALLMENT

AMT PROJECT

FINANCE APPRVD STATUS BALANCE FISCAL YEAR 2022/2023 BUDGET $1,130,779 Started These funds will be used to balance the FY 22/23
Budget, if needed

ENGINEERING/PUBLIC WORKS

CLEAN CALIFORNIA GRANT MATCH FOR
SMYRNA PARK IMPROVEMENTS $410,380 Not started Provides matching funds for the Clean CA Grant
that the City was awarded to improve Smyrna Park

HUMAN RESOURCES
PREMIUM PAY FOR ELIGIBLE WORKERS PERFORMING ESSENTIAL WORK $750,000 Not started Provides funds for eligible workers including workers needed to maintain continuity of operations of essential critical infrastructure sectors.

Recurring costs $0

TOTAL PROJECT COSTS $2,291,159

SECOND INSTALLMENT RECEIVED JULY 2022 $5,825,755.00 TOTAL ARPA FUNDING REQUESTS -$2,291,159.00 REMAINING FUNDS FROM SECOND INSTALLMENT $3,534,596.00

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